Company attorney vs own attorney

[asdfred]

For AC 21 cases..is it better to have our own attorney than the company attorney. Any luck in convincing companies that you can have your own attorney?

[MCQ]

When I used AC21 back in 2003, I found my own lawyer as I was unemployed for 4 months, and they took care of representing me for EAD and AP. However, when I did find a new job, my new company required me to use their lawyers for the rest of my AOS processing (which lasted another 18 months). I was reluctant to go with them - large multi national legal firm where you're just a number, over the more personal service of the attorney I had retained, however - my new employer offered to reimburse all the legal costs I had shelled out while I was unemployed - which at that time was a couple of thousand dollars.

In the end I was glad of the employer's attorney as they help steer me through a very complex RFE that had at its heart a problem originally caused by the INS in 2000 on the wrong dates put on an I-94 (they put on visa expiration date and not the expiration date of my new H1-B petition). That mistake - which I tried to get corrected at the time - but was told was 'ok' and that I was fine by my local INS office I visited afterwards, threatened not only to deny my AOS, but get me deported with the 10 year ban.

Lawyers got USCIS to recognize the legacy INS mistake - they issued a 'Nunc Pro Tunc' decision to correct their mistake - 3 weeks later - I got my Green Card.

So if you're going to a large firm, with a reputable legal firm representing them for immigration - then I'd say go with their lawyers - if only for the piece of mind that if an ugly RFE comes up, like mine, they have the dollars and resources to get it sorted out - whereas if I'd tried to do it myself with my own attorney - it would have cost me a fortune.

good luck in whatever you decide.

McQ

[theMan]

For AC 21 cases..is it better to have our own attorney than the company attorney. Any luck in convincing companies that you can have your own attorney?

It is company specific and is going to be hard to switch if the company attorney is already on your G28. That said, independent attorney is the better choice.

[asdfred]

I did not understand the part where you said..already on G28?
Can I not a different attorney in future and file another G28?

[asdfred]

Thanks for that detailed post MCQ
I am not sure if I will have a choice here..I prefer my own attorney as I can call him up anytime and ask him any questions I have..Its like having my own representation than that representation tied to my employment..its just a comfort level i guess and at AC 21 stage..its all my stuff anyway..the company has to provide me a letter in most cases.

[amitjoey]

For AC 21 cases..is it better to have our own attorney than the company attorney. Any luck in convincing companies that you can have your own attorney?

Yes! Highly recommend you hire your own lawyer. I am not sure why your company should object to it.

[asdfred]

okay..I will try that..I think so too. I think I should have my own representation of attorney

[glus]

From my experience, and experience working for a law firm in the past, I would say that WHENEVER possible, your own attorney is better than a company's attorney because:

- you usually have much better contact with your own attorney;
- each and every document that comes to your own attorney will be provided to you upon request (attorney-client relationship law);
-you can always ask your attorney directly for help / any requests you need;
-If there is a problem, your attorney is obligated to contact his/her client (you) when any issue/problem/question arises instead of talking to your employer first;
-you can "fire" your attorney at will when you are not happy with his/her service. This is done by retaining a new attorney who requests your file from old (your) attorney and notifies USCIS/DOL of your new representation and attaching a new form G-28;
-there may be more reasons,,...but I don't have time thinking of these.

Guys, pls remember that some companies have a policy that only their own attorneys should be used. While this may appear good or less expensive for you, it is not always really beneficial for you. I strongly advise to talk to your employer/future employer on hiring your own attorney and paying all needed legal fees as prescribed by the law by yourself.

Have a good day everyone. :-)