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kanata

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I have started working for a new employer after 11 months from I-485 RD (RD 3/15/02). Do I need to hire a new lawyer immediately? (Because, till now I was using a lawyer from a GC sponsored company, lawyer is also an employee of the previous company). Or I have to wait for some more time and them hire a new lawyer represent my case?

Any suggestions and help are highly appreciated.
 
Kanata,

This is MERELY an opinion of mine ...

Anyday, having a lawyer to facilitate the GC processing would be advisable.

But, I think, at this point, it depends on how straight-forward a case yours is and on whether you still maintain good relations with your previous employer and / or lawyer. If the relations are still good, you could just have them forward the papers as the official approval notice goes to your lawyer (you only get a courtesy copy). On the other hand, if the bridge has been burnt, it is better to have a new lawyer. This is because, though the previous lawyer is obliged to give you your case file at the termination of your retainer for his/her services, he/she may not do so seamlessly! It is here the new lawyer might come in quite handy as an official letter from one lawyer to another will always have more weight than that from the client.

On the other hand, if you expect no RFE (though one can never be sure) and yours is an open and shut case, then you can try to see if you get lucky and not hire a new one. However, I believe you will have to inform INS about this change in representation (previous lawyer to yourself or previous lawyer to the new lawyer) and about the change in job, invoking AC21 etc etc...

If you try to go the second route, I think you have a good 60 day period, in case of an RFE, to go look for a new lawyer.

Please check with others on the forum, who might have been in a similar situation as yourself.

Good luck.
 
Here is the story with one of my friend-
He changed the job but kept the same lawyer, as lawyer agreed to continue irrespective of company.

His new employer had no problem with it as long as lawyer is not sending any bills.
 
Since the old lawyer is also an employee of a sponsored company, I don't think the old company extends the lawyer's help. Hence I have to look for a lawyer to take care of any future paper work.
Do I need inform the INS about the new job? I believe that my old employer will inform INS my about my resignation as per the company policy.

Any suggestions?
 
Since your old employer is likely to inform INS and since your new lawyer, if you retain one, will have to file another G-28 (I think) for representation, you might not have any other choice but to inform INS yourself.

Even if the old employer doesn't inform INS, the approval notices or RFE (God forbid) will be sent to the old lawyer. So, you will have to let INS in on this development.

Not an authoritative answer!!!
 
Originally posted by kanata
Since the old lawyer is also an employee of a sponsored company, I don't think the old company extends the lawyer's help. Hence I have to look for a lawyer to take care of any future paper work.
Do I need inform the INS about the new job? I believe that my old employer will inform INS my about my resignation as per the company policy.

Any suggestions?
Click to expand...

If I were you I wouldn't inform the INS about the new job. Let them figure it out, if at all they do. You are not required by law to inform INS of your job change though many a lawyer would suggest that you do.

Since it's been a while since you've applied for your 485 probably the only approval notice you'll receive is for that (485). I presume you've applied for the EAD and AP renewal yourself, in which case you'll receive the Receipt Notice and the EAD cards/AP doc directly.

Even if the 485 Approval Notice is sent to your old lawyer you should get a courtesy copy which in my opinion should be good enough to get your passport stamping done. People who have used their courtesy copy for PP stamping please advise.

The bottom line is you don't need to hire a lawyer except if your case is kinda complicated and there's a high chance of an RFE. If you're worried about anything just go ahead and hire a good, competent immigration attorney.
 
No need loosing your sleep over hiring a new lawyer etc.

Unless you get an RFE, that you can't handle yourself.

My Co. used to file I-485 using attorney(G-28) and so was mine. 8-9 months into I-485 stage, the Co. attorney resigned and withdrew G-28. It took 2-3 weeks for this to take effect.

It simply means that instead of your attorney, YOU will be getting all the correspondence from the INS(DHS now) directly. I know since my colleagues are getting approvals, without any problems or RFE and the approval letter goes to the applicant directly.
 
Here again.......

My understanding is that G-28 is the deciding factor, whether you or your co. will hear from the INS directly.

So, you may want to recall if in your case G-28 was filed. (Note that at I-485 stage, you actually don't need a lawyer, knowing this many Co. have lawyers, who merely help you with filling and filing the forms on your behalf, and leaving you on your own. And we mistake that as being represented my Co. attorney.)

Now, if G-28 was used in your case, you may want to have good terms with your old employer, as they will be receiving all correspondences directly. You may ask them to fax you a copy of your RFE, if you receive any.
or
If you feel brave, file an application with the INS, stating that you wish to represent your own case and that all future correspondences be sent to you directly.

If however G-28 was not filed in your case, find yourself lucky. You will get the RFE/Approval letter directly. Think about hiring a lawyer then....

I hope you understand the point I am making, although it did sound complicated when I first learnt about this..... G-28 stuff.
 
I think he could just file another G-28 announcing that he is representing himself, thereby removing the risk of the papers being sent to the old lawyer. This way, he doesn't have to talk about the change in employer until and if INS asks about it.

Kanata, try and see if you could ask this question on an online chat with Sheela Murthy.
 
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