I-485 self followup or use attorneys

[mirchiseth]

Hello all

I have tried searching for an answer to this question but didn't find one.

I used to work for company A that filed my 485, 140 etc. After the 140 was approved and 180 days I switched my employer from company A to company B in a similar job role. I joined company B on H1B and they filed for it.

My question is that my new employer didn't agree to follow my I-485 process. So far I have been following the progress or lack thereof from USCIS case tracker. Do you guys think that I should have a attorney follow my I-485 process rather than me. Please advise.

Your help is very much appreciated.

Thanks

[cinqsit]

I dont know what you mean by the new company is not "following the process"

All you need to do now is wait for the PD to get the current, answer any RFE's ( I assume you invoked AC 21) that may come up.

Other than that there is no following up to do...make sure you have a Employer Verification Letter or you can produce one from the new employer if there is an RFE
and your address is up to date with USCIS

cinqsit

[antihero]

I don't see any need of hiring an attorney at this point. In a best case scenario you will get your GC without any further queries from CIS when your PD becomes current. If at all you get an rfe you can you can hire an attorney at that point and work through them. You can even approach your old company's attorney to respond to any queries from CIS. After all they are business ppl and they will work for anybody who pays them their fee.

In fact for most of the simple rfes you don't even need a lawyer. You can do it yourself.

[mirchiseth]

Thanks for the replies. What I meant by "not following process" is that new company declined to represent me for my pending I485 process or the attorney's didn't file a G28 on my behalf. They are only doing H1B which is great.

Yes I did change employers thinking AC21 but I haven't sent the AC21 papers to USCIS.

- mirchiseth

[hopelessGC]

I would assume that you may have issues if you receive an RFE on your 485 with regards to your employment. You current employer will have to provide information and AC21 related documents.

If you don't get an RFE or the RFE is not related to any employment related questions, then you should be fine.

Again, I am not an attorney and therefore cannot be 100% certain. But that is my understanding from dealing with my attorney. You are better off having a short conversation with your attorney about this. I do that all the time.

[morchu]

Whether you need an attorney or not is a personal choice.

Many educated persons can represent themselves for a simple case, and they chose to.
Simple RFE's also can be handles personally without an attorney.
If you have some complications is your case, an attorney might be of help.

Leaving that to your choice, if you chose to NOT use an attorney. Make sure to let USCIS know of your new address, and formally request the old attorney to forward all USCIS correspondence on your case to you, and get all your old related paperwork from the attorney.

-Morchu

[pd_recapturing]

I was also in similar situation. After going through a lot of thinking process, I decided to go through an attorney. These days, if you hire attorney just for 485, they do not charge much. You should be able to get any reputed attorney for this stuff by paying anywhere between 500 to 750 bucks. Also note that this fee includes responding to any rfe or opening up MTR (legal fee of MTR excluded). I think, 500 bucks is not too much for peace of mind.
But the bottom line is you can always hire attorney when you receive RFE so you can save money if you get the GC approved without rfe.

[hopelessGC]

Originally Posted by mirchiseth

Thanks for the replies. What I meant by "not following process" is that new company declined to represent me for my pending I485 process or the attorney's didn't file a G28 on my behalf. They are only doing H1B which is great.

Yes I did change employers thinking AC21 but I haven't sent the AC21 papers to USCIS.

- mirchiseth

What about your current attorney? Since (s)he has been representing you, you can just stick with him/her, if possible. You don't have to send any communication to the USCIS at this point anyways, just in case of an RFE.

[dealsnet]

My GC is approved (last year old story) and my wife and my daughter got RFE. This RFE information I found in checking the status.(every day 3 times)

I did call my lawyer and she told me to wait for 2 weeks. Finally she told me the RFE regarding marriage, birth certificate of my wife and birth certificate of my daughter. I did send all info to the lawyer in June 2007 and she may missed to send or USCIS missed it.
Any way she want $500 each to reply the RFE, a total $1000. What the lawyer will do?, just send my papers and may send with a cover letter.

I did call the lawyer office and told them to send the original RFE to me. The legal assistant says no. Then I told her to fax the copy to me so that I can arrange the documents. She send me the fax. I did collect all the documents and made a cover letter by myself and made a neat arrangement of all papers with tags and send to Nebraska (included the RFE copy on top).

I saw LUD after 3 days and GC aproved within 10 days. After 1 month lawyer asked me money and papers. I told her we already got GC.

So moral of the story is not too much depend on lawyers. You may need if there is an interview. Otherwise a waste. If your case is straight forward, don't worry. You can change the lawyer and make representation by yourself. When the PD is current GC will come automatic. Lawyers have no role in that. They didn't check your case every day. You need to look.

[mirchiseth]

You can change the lawyer and make representation by yourself.

I haven't done anything to change representation after I switched my employers. Is changing the representation recommended in this case. Even if I haven't sent any documents for AC21. So far I have been following the case status online.

Cheers
MS

[indianabacklog]

Originally Posted by mirchiseth

Hello all

I have tried searching for an answer to this question but didn't find one.

I used to work for company A that filed my 485, 140 etc. After the 140 was approved and 180 days I switched my employer from company A to company B in a similar job role. I joined company B on H1B and they filed for it.

My question is that my new employer didn't agree to follow my I-485 process. So far I have been following the progress or lack thereof from USCIS case tracker. Do you guys think that I should have a attorney follow my I-485 process rather than me. Please advise.

Your help is very much appreciated.

Thanks

As an individual who filed their own I 485 application and did not get any requests for evidence I honestly feel you have to be pro active for yourself in this matter. The green card application officially belongs to you and of course some people choose to pay someone else to do this for them.

If you do not feel comfortable acting on your own behalf then use a lawyer, if you are happy to act for yourself then do not. This can only be answered by you. Do what is right for you!