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dngoyal
07-27-2007, 03:12 PM
I have a question, my attorney says that he has filed the application on 2nd July without my signature.
I have not given any authorization also.
I am worried if it is valid or not.

I don't know if they take authorization from my employer or it should be from me.
Please suggest.

rolrblade
07-27-2007, 03:22 PM
I have a question, my attorney says that he has filed the application on 2nd July without my signature.
I have not given any authorization also.
I am worried if it is valid or not.

I don't know if they take authorization from my employer or it should be from me.
Please suggest.

Did he put a G-28 - Attorney representation form with it. If yes, then you are fine.

dngoyal
07-27-2007, 03:32 PM
Yeah, he did, but no form is signed by me. Moreover I have not given any authorization form.
Is it OK.

Please confirm.
Thanks for the earlier reply.

dpp
07-27-2007, 04:02 PM
I-485, 765 and 131 forms are for the applicant who wants to adjust status/ work/travel. So, applicant signature is required. Even though you fill G28, that is for authorizing the attorney in preparing and submitting the forms.

I think no one otherthan the actual applicant can sign the forms. If attorney represent you, then he will sign in his part, thats it. But you need to sign your part anyway.

Please ask your attorney why he did like that.


Yeah, he did, but no form is signed by me. Moreover I have not given any authorization form.
Is it OK.

Please confirm.
Thanks for the earlier reply.

zCool
07-27-2007, 04:17 PM
Do you work for some desi consultant who is trying to hold you?
Even then Attoreny making willful mistake to help your employer hold you is rare..
I have never heard you not needing signature.
In fact not having signature is reason enough for denial.

ashkam
07-27-2007, 04:18 PM
I have a question, my attorney says that he has filed the application on 2nd July without my signature.
I have not given any authorization also.
I am worried if it is valid or not.

I don't know if they take authorization from my employer or it should be from me.
Please suggest.

Sorry to have to say this but they will probably reject your application. Signature is the most important thing they look for in any application.

WeShallOvercome
07-27-2007, 04:49 PM
Sorry to have to say this but they will probably reject your application. Signature is the most important thing they look for in any application.


Not entirely true..

Some employees of my client company who filed their AOS in june did so without signing a single piece of paper and already got their RNs and FP's done as well.

There are a few things to see if what your lawyer did was correct:

1) Did he ask you to write him/her an email/letter authorizing them to sign on your behalf

2) Your company has your facsimile signatures or signature stamps.

rolrblade
07-27-2007, 05:00 PM
Not entirely true..

Some employees of my client company who filed their AOS in june did so without signing a single piece of paper and already got their RNs and FP's done as well.

There are a few things to see if what your lawyer did was correct:

1) Did he ask you to write him/her an email/letter authorizing them to sign on your behalf

2) Your company has your facsimile signatures or signature stamps.

this is the correct information. Applicant signature is not necessary if you have an attorney representation form. I have verified this with two different attorneys and also my HR guy, who suprisingly is very knowledgeable in GC process.

In my own case I have sent an email to the attorney authorizing them to sign on my behalf. The firm has confirmed that it is sufficient. I just off the phone with them too. 3 attorney - SAME ANSWER.

dngoyal
07-27-2007, 05:31 PM
this is the correct information. Applicant signature is not necessary if you have an attorney representation form. I have verified this with two different attorneys and also my HR guy, who suprisingly is very knowledgeable in GC process.

In my own case I have sent an email to the attorney authorizing them to sign on my behalf. The firm has confirmed that it is sufficient. I just off the phone with them too. 3 attorney - SAME ANSWER.

do they have to attach copy of email with the application?
In my case my application was filed on 2nd July but my attorney asked me to send the email on 3rd July just for records.

rolrblade
07-27-2007, 05:44 PM
do they have to attach copy of email with the application?
In my case my application was filed on 2nd July but my attorney asked me to send the email on 3rd July just for records.

you are fine : read this from USCIS website:

Attorneys and accredited representatives filing any petition or immigration benefit application on behalf of petitioners and applicants must sign Form G-28, Notice of Appearance, and include the original with the filing. USCIS will continue accepting original Form G-28 bearing the facsimile signature of the attorney or accredited representative, e.g., a stamped signature, as allowed under the regulations governing the filing of applications and petitions and longstanding operational guidance.

Legal Requirements for the Signature on Petitions and Immigration Benefit Applications
Attorneys and Accredited Representatives: The signature of any attorney or accredited representative who has been granted legal authorization to sign on behalf of the petitioner or the applicant must be in the original.

this means as long as your attorney sent the original G-28 form with their signatures, you are okay. Also the email from you is "legal authorization" to sign.

All across these forums you will read numerous posts where people have not signed anything rather their attorneys have signed. This is very general practice.

dngoyal
07-27-2007, 06:10 PM
hello rolrblade
Thanks for all this,
in the last you have said,
"Also the email from you is "legal authorization" to sign"

But in my case email is not attached with the application.

as I sent mail after filing the application.

is it OK?/

yetanotherguyinline
07-27-2007, 07:50 PM
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9453d59ae8a8e010VgnVCM1000000ecd190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD

mambarg
07-27-2007, 08:04 PM
How did the attorney sign the form when you had not signed.
I had to visit my attorney's office and sign all the paperwork in his office before he filed my app.
I belileve if the attorney is remote, then he needs to send fedex package to sign the docs.

Attorney signs only as a rep if there is legal issues or court apperance is required.

Applicants signature is used to prepare the EAD card . USCIS scans the signature of applicant.

GCD
07-27-2007, 09:37 PM
My lawyer filed the I-485, EAD and AP package for me and my wife. She put a G-28 notice for each application (with our and her signatures). She missed signing the AP G-28 for my wife. I asked her about this. She said it should be fine. They would not consider her notice of representation for this particular case, and would mail the AP approval directly at our home address.
I hope we are fine and our application doesn't get rejected since we had one check for all the applications.
Please reply. Thanks a lot.

GCD
07-27-2007, 10:21 PM
Me, Wife and I signed for Daughter on all applications(485(3)/EAD(2)/AP(3))
We also sent signed G28 for everybody for every application( 8 total)
It doesn't hurt to be over cautious.

I hope we are fine.

cooldude
07-27-2007, 11:06 PM
My lawyer filed the I-485, EAD and AP package for me and my wife. She put a G-28 notice for each application (with our and her signatures). She missed signing the AP G-28 for my wife. I asked her about this. She said it should be fine. They would not consider her notice of representation for this particular case, and would mail the AP approval directly at our home address.
I hope we are fine and our application doesn't get rejected since we had one check for all the applications.
Please reply. Thanks a lot.


I am not sure.

GCD
07-27-2007, 11:07 PM
My lawyer filed the I-485, EAD and AP package for me and my wife. She put a G-28 notice for each application (with our and her signatures). She missed signing the AP G-28 for my wife. I asked her about this. She said it should be fine. They would not consider her notice of representation for this particular case, and would mail the AP approval directly at our home address.
I hope we are fine and our application doesn't get rejected since we had one check for all the applications.
Please reply. Thanks a lot.

Gurus. Please reply. Thanks a lot.

kumar1
07-28-2007, 02:18 AM
I have a question, my attorney says that he has filed the application on 2nd July without my signature.
I have not given any authorization also.
I am worried if it is valid or not.

I don't know if they take authorization from my employer or it should be from me.
Please suggest.

v

GCD
07-28-2007, 12:15 PM
Gurus. Please reply. Thanks a lot.
Gurus. Please reply. Thanks a lot.