When should I change my lawyer. Can I keep quiet till I get any RFE?

485case

Registered Users (C)
I got laid off 3 months after applying for I 485. My RD is Feb 22. My lawyer is my own personal lawyer and not the company lawyer but she is not very supportive of resuming AOS when somebody gets laid off before 180 days. So, I have not told my lawyer about my lay off. I have got my EAD/AP and FP is done.
What is the potential harm with my this lawyer? Should I stay quiet and not tell this to my lawyer or should I change my lawyer now..the other lawyers will be very expensive and already I have paid the whole amount to this lawyer.
What happens if she gets to know about my lay off indirectly or something? What should I do please guide!!!!
 
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Write your lawyer a letter that you donot need any assistance or representation from her in future. definitely she will get the copy of RFE if generated. Write her that, you donot want her to do any action if RFE generated. you will take care by yourself. Get her signature on of acceptance of the letter.

Now, if RFE generate, it will be specific and you can easily answere yourself for that RFE. I-485 can be filed by applicant.
 
Answers to 485case

First of all your GC will be issued by INS and not your attorney. So donot think on what she does and thinks, etc.
The other thing is that her or for that matter any attorney\'s job is to just prepare your file do the word-proccessing of application, etc. and file them on your behalf. And the other thing is that she is not your gaurdian or something to whom you have to inform and one more very important thing: I-485 is your application and not your employers so it is for you to decide what to do and what not to do.

Now your query about future. Find a nice job with similar work profile; take God\'s name and start working. If ever any RFE comes which I doubt then based on what that RFE is for tackle it at that time.

You donot need an attorney while your application is pending. At this point of time I donot think you should inform her or take any action. If you get an RFE and she gets a copy of it too at that time you can call her and tell her that you will take care of it yourself. Why to put something in Black and White when it is not required. Wait and See how things shape-up and there is a high degree of probablity that everything goes on well as desired and you face no problem.

All the Best
 
I was in similar situation before...

After 3 months into I-485 stage, I got laid off. Then in March I got a RFE for employment letter - it asks me to provide an employment letter from the employer who filed my I-140. My lawyer answered RFE twice, because she did not answer it well for the first time. A month later, my case is transfered to local INS.

A lot of people are in my situation. Some got lucky, and they received no RFE. Two people I know notified INS on their own and got their case approved smoothly. I think I just had a very bad luck. You may want to notify INS once you have a new employer, citing AC-21.

Just for your reference. I really do not know whether the local transfer could have been avoided had I notified INS before it issued RFE...

Good luck. And you have no control over RFE. Count on your luck.
 
485Case ...

Only your EMPLOYER can revoke your I-140, which is what the I-485 rests on. The only person who can revoke your 485 is YOU. If you have a good relationship with your employer, you should be fine - also bear in mind that the sponsorship is for a FUTURE job offer, therefor you are not required to be working for your sponsoring employer until such time as the GCcomes through. If you use your EAD to work for a new company, and your I-485 is not adjudicated within 180 days (and the job is the same or similar) you will be totally fine.
   Basically, your attorney will be overstepping (legally and ethically) her bounds by trying to stop your process - believe me, AILA (American Immigration Lawyers Association) would not be impressed by her conduct. Also, as you retained her to represent you, she is required to do just that, to the best of her ability.
 
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