wondering U could give...

F

Firsttime

Registered Users (C)
Your suggestions are really appreciated.

I filed my 485 with one Coy in May'02 (worked more than 5 years) and quit to join another Coy in April'03. Prv Coy asking me to pay money, otherwise they would send a letter to BCIS. (I owe nothing). Lawyer (Coy's) also not cooperating with me...and not talking about my at all.
Then I hired another lawyer. He requested prv lawyer all copies of my papers. He sent me a mail...saying if I won't pay the money by this friday he would send a letter to BCIS.

questions are...
* what if we don't receive papers from my prv lawyer? who should I report? what kind of action can we take?
* what if they send a letter to BCIS before we file AC21? Because new lawyer saying he should need laber cert papers before filing AC21. I don't have those.
* Can sue my prv Coy? I've saved all my e-mails about our conversation. If so, could you suggest very good lawyer?

Could you tell me what are my probable difficulties? and how to overcome?

Thanks ... an always your feedback is really appreciated.
 
Hi there,

Sorry to hear about your situation. If there is a written commitment with your previous company to pay money, then I don't think you have much of a choice. You haven't mentioned if they are asking for GC expenses or any other money.

Most of the companies who sponsor for H1/GC put this condition to pay H1/GC expenses if the employee leaves by certain date.

It is likely that BCIS may invoke your I-140 based on previous companies request.

So, it is upto you.

Good Luck.
 
You don't really need any papers

You don't really need any papers from your old lawyer.
And the old employer or his lawyer will never be able to screw up your case since you crossed 180 days line.
 
Firsttime:

To my knowledge, what PrinceOfDarknes is saying is correct.

To answer your questions:

* what if we don't receive papers from my prv lawyer? who should I report? what kind of action can we take?

Ans: Like PrinceOfDarknes said, you might not really need any documents from your previous lawyer since you could do your passport stamping based on your courtesy copy of the 485 approval notice which you should receive from BCIS upon approval of your case.

* what if they send a letter to BCIS before we file AC21? Because new lawyer saying he should need laber cert papers before filing AC21. I don't have those.

Ans: Your previous company might send a request to revoke your 140 to BCIS but since you've crossed the 180 day period after filing your 485 you should be safe, i.e., your 485 will be approved irrespective of that request for cancellation. AC21 is a law and not a form. I guess you might have copies of your labor application, you could provide those to your new lawyer. Your new lawyer is asking for that so that he/she can prepare supporting documentation in case of an RFE.

* Can sue my prv Coy? I've saved all my e-mails about our conversation. If so, could you suggest very good lawyer?

Ans: Yes, you can sue your previous company, but that could lead to more complications and might end up being a waste of time, energy and money.

Hope that helps.
 
He is just playing with you. Send the attorney a copy August 11 memo. Tell him to shut up and send your details new attorney.

Just for curiosity how much ransom your Ex-Coy is asking?
 
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Can we get rid of all the lawyers altogether?

Can we get rid of all the lawyers altogether?
I mean, can't I just file a form (G28 AFAIR) saying that I want to handle my case myself?
Why should I pay money to all those greedy lawyers?
Replying to RFE is not a rocket science, right?
 
You have to choice to get all the required documents:
1. Threaten old attorney with Ethics complaint then he'll give you all the documents.
2. You can get your copy of I-140 approval and the underlying labor certificate using FOIA from USCIS.
 
You have right to get all paper work. On ethics basis you can sue your old company.

If you signed any thing with your company paying GC expenditure while leaving company then I would say you have to abide by that.

In one of the mail from them telling you to pay money with out proper reason means they are black mailing you.

If you think you have strong case, lot of lawyers in US work on commission basis. That means you don't have to pay any thing.

Run all these things with a attorney, he will tell you case is strong or not.

Best of luck.
 
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