Very Urgent, RFE on 485 sent to the old attorney

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prq20

Registered Users (C)
After a wait of 16 months, NSC issued me an RFE of my I-485. The RFE was issued in mid Dec whereas I changed my employer (AC21) in the start of Dec.

Forseeing this job change, I sent multiple letters to NSC (different PO Box #s) asking them to remove the G28 attorney representation but after the RFE email when I checked with the NSC using POJ method, I was told that the RFE was sent to my previous attorney.

The problem is that the attorney was hired by me previous employer and after my change of jobs, he will not help me in any manner. I will not be able to get the RFE details and he will not send the reply which may result in the denial of I485 if not reached in time.

Gurus, can you please suggest what would be the best option for me to get the RFE document from USCIS so that I can reply myself?

If I submit the evidance myself is a regular envelope, will USCIS open it? The reason I am asking this is my bad experiences with NSC who did not update my G28 revokation request.
 
Did you hire another lawyer and submit a new G28 that says him/her will represent you?
Try talking to your old attorney. Forwarding a piece of mail is not asking for a lot. If he does not do that much, it will also have a bad effect on his future business based on the publicity you can give.
(You could report him to the state bar. You could put reviews on him online etc.)

First try to talk to his/her office. You could offer to go in person to pick it up.

Call NSC and ask them to resend the RFE to your address.

Hopefully you kept copies of the letters you sent to NSC asking them to remove that attorney. That will help you if you need to re-open the case if it is denied.

I do not have any personal experience with RFEs so can't say anything concrete.
I am assuming they provide an envelope in which you are supposed to respond?
What if their mail gets damaged enroute to you? Don't they give you an alternate method to send the evidence?
The following document talks about the updates to the timeframes and procedures for an RFE. It does not say anywhere in there that the evidence needs to be submitted in a partifular envelope.
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf

Since time is of an essence here, you might want to consider hiring another attorney, or hire your old attorney to help respond to the RFE.
 
I did not hire another attorney and have USCIS to send me all correspondance to my mailing address. I also requested them in writing to revoke old attorney's form G-28 (mails sent in October) but apparently, they did not.

I am in a fix now. I-485 belongs to me and based on my written requests, they should have removed the attorney from my case.

TheRealCanadian or other Gurus, please help me here as I don't have enough time on how to make the right steps.
 
I would say...for now... don't lose time and run to the old attorney for the RFE and deal with it instead of spending time on why USCIS din't do their work..just hire him for the RFE and get away with it..once it crosses the response time limit then again we have to beg USCIS to open the case...

u might land up spending more $$ with the attorney but a better option....unless u left the employer in no good terms and that attny will be in favor of the old employer...in that case try to get the RFE or hire him for your case and be sure u mail the reply packet to USCIS just to make sure all is right...
 
One of my friend was in similar situation. He simply approached the same lawyer and he helped him. As you aware no one will lose the business. Try to work with the same lawyer apart from calling USCIS.

Good luck

SRK
 
prq20 said:
I did not hire another attorney and have USCIS to send me all correspondance to my mailing address. I also requested them in writing to revoke old attorney's form G-28 (mails sent in October) but apparently, they did not.

I am in a fix now. I-485 belongs to me and based on my written requests, they should have removed the attorney from my case.

TheRealCanadian or other Gurus, please help me here as I don't have enough time on how to make the right steps.
Click to expand...

This is not allowed, if you highered attorney in the begining you stuck with a lawyer and if you do not like that attorney you can higher another one with new G28 form. You can not simply say Oh now I am going to present myself. This is simply because there is a financial relation between the applicant and the attorney on record related to the pending application
 
I got the idea of representing myself and revoking the G28 from this forum itself. Otherwise, I would have hired another attorney.

If I hire another attorney now, and he sends his G28 with a request to send him the RFE so that he can reply, will USCIS accept it?
 
prq20 said:
I got the idea of representing myself and revoking the G28 from this forum itself. Otherwise, I would have hired another attorney.

If I hire another attorney now, and he sends his G28 with a request to send him the RFE so that he can reply, will USCIS accept it?
Click to expand...

Remember you have signed G-28
It can be very simple just call old attorney's office and ask. If that does not work Just write an E-Mail and Registered mail to the Old attorney. He needs to send the I-485 related RFE to you. If does not send you the copy just inform him you are going to Bar. This can be also done through the attorney.
 
Call NSC again when it opens up. I was issued a RFE and was going to my old attorney. I called up and they sent a copy of RFE to me. Tell them that RFE is not yet recieved at old attorney and since there is a time limit to reply so please resend a copy at your home address.

Do not worry. It will reach your attorney in 5 business day. Request them to send. They are professionals and would send you a copy. But do build up the back up by getting a copy at your address.

Good Luck.

prq20 said:
After a wait of 16 months, NSC issued me an RFE of my I-485. The RFE was issued in mid Dec whereas I changed my employer (AC21) in the start of Dec.

Forseeing this job change, I sent multiple letters to NSC (different PO Box #s) asking them to remove the G28 attorney representation but after the RFE email when I checked with the NSC using POJ method, I was told that the RFE was sent to my previous attorney.

The problem is that the attorney was hired by me previous employer and after my change of jobs, he will not help me in any manner. I will not be able to get the RFE details and he will not send the reply which may result in the denial of I485 if not reached in time.

Gurus, can you please suggest what would be the best option for me to get the RFE document from USCIS so that I can reply myself?

If I submit the evidance myself is a regular envelope, will USCIS open it? The reason I am asking this is my bad experiences with NSC who did not update my G28 revokation request.
Click to expand...
 
bigbang2001 said:
Call NSC again when it opens up. I was issued a RFE and was going to my old attorney. I called up and they sent a copy of RFE to me. Tell them that RFE is not yet recieved at old attorney and since there is a time limit to reply so please resend a copy at your home address.

Do not worry. It will reach your attorney in 5 business day. Request them to send. They are professionals and would send you a copy. But do build up the back up by getting a copy at your address.

Good Luck.
Click to expand...

If the applicant signed G28 and the customer service representative is experienced enough, he/she will not give the applicant any information regarding the application and the attorney in record is the one who must call and get the information. Some applicants change their jobs or violate their category in certain way that could jeoperdize their applications by certain way or another and one way for the USCIS to track this is to send RFE to the attorney in record and that applicant can not higher another attorney under certain circumstances.
You have to call the old attorney to get the RFE and respond to it in time fashion because highering new attorney with new G28 is time consuming and the USCIS may take more than one month to change the records. At the same time this RFE is issued before highering new one and suppose to go to the old attorney.
 
mmed said:
If the applicant signed G28 and the customer service representative is experienced enough, he/she will not give the applicant any information regarding the application
Click to expand...

That is not right. Although you have singed the G-28 does not mean you are not the owner of your application. They will(should) give the information.
 
Dude, 485 application is owned by applicant not by company or attorney. There is nothing wrong legally if they send a copy of RFE at home address since applicant himself asks for it.


mmed said:
If the applicant signed G28 and the customer service representative is experienced enough, he/she will not give the applicant any information regarding the application and the attorney in record is the one who must call and get the information. Some applicants change their jobs or violate their category in certain way that could jeoperdize their applications by certain way or another and one way for the USCIS to track this is to send RFE to the attorney in record and that applicant can not higher another attorney under certain circumstances.
You have to call the old attorney to get the RFE and respond to it in time fashion because highering new attorney with new G28 is time consuming and the USCIS may take more than one month to change the records. At the same time this RFE is issued before highering new one and suppose to go to the old attorney.
Click to expand...
 
I admire the mistaken confidence with which you say all this !

mmed said:
This is not allowed, if you highered attorney in the begining you stuck with a lawyer and if you do not like that attorney you can higher another one with new G28 form. You can not simply say Oh now I am going to present myself. This is simply because there is a financial relation between the applicant and the attorney on record related to the pending application
Click to expand...
 
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