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  #1 (permalink)  
Old 08-25-2010, 04:26 PM
Junior Member
Priority Date
:
Nov-07
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:
EB3
I140 Mailed Date
:
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:
India
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I-140
I485 Mailed Date
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Posts: 20
abheja has much to be proud of abheja has much to be proud of abheja has much to be proud of abheja has much to be proud of abheja has much to be proud of abheja has much to be proud of abheja has much to be proud of abheja has much to be proud of abheja has much to be proud of
Default Straight Question: Can I hire an attorney to file GC?

I am trying to port from EB3-->EB2 but my company is reluctant to pay the attorney fees. I am willing to pay the attorney fees but the company insist they must pay the fee. I thought the company must pay only the filing fees?

This is a simple question but it is becoming a big deal for me. Thanks for your help.
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  #2 (permalink)  
Old 08-25-2010, 04:32 PM
Senior Member
Priority Date
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Mar-06
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EB2
I140 Mailed Date
:
07/01/2006
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India
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Default

Depends on what you mean by porting. Do you already have an approved 140 in EB2 or are you going to start from scratch by having the company file for a labor?

If it is the latter, the company as per the law must pay for the labor filing, advertising costs. Anything after that, there is no problem for you to be paying for the GC.
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  #3 (permalink)  
Old 08-25-2010, 04:40 PM
Junior Member
Priority Date
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Nov-07
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EB3
I140 Mailed Date
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India
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I-140
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Join Date: Jan 2007
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abheja has much to be proud of abheja has much to be proud of abheja has much to be proud of abheja has much to be proud of abheja has much to be proud of abheja has much to be proud of abheja has much to be proud of abheja has much to be proud of abheja has much to be proud of
Default

Thanks so much for your quick response. Yes, I am planning to start EB2 from scratch since there is no relief in EB3. So, I will have to convince the company to bear the cost
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  #4 (permalink)  
Old 08-25-2010, 05:59 PM
Junior Member
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Is a lawyer necessary to file PERM? What are the cons of not hiring a lawyer and doing it ourselves?
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  #5 (permalink)  
Old 08-25-2010, 07:15 PM
Donor
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N/A
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EB2
I140 Mailed Date
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09/10/2008
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India
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I-140
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snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute
Default

Quote:
Originally Posted by abheja View Post
Is a lawyer necessary to file PERM? What are the cons of not hiring a lawyer and doing it ourselves?
You are not even supposed to involve in any of the PERM process. Its plain illegal. only your employer should handle it.
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  #6 (permalink)  
Old 08-25-2010, 11:47 PM
Junior Member
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Nov-07
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abheja has much to be proud of abheja has much to be proud of abheja has much to be proud of abheja has much to be proud of abheja has much to be proud of abheja has much to be proud of abheja has much to be proud of abheja has much to be proud of abheja has much to be proud of
Default

Thank you for clarifying snathan. The company will definitely not do anything illegal, in fact it is the legality that is creating challenges. One other question came up today. If a qualified candidates applies for the job (PERM), does the company have to accept the candidate and let me go? All of these questions did not come up while filing EB3 but they are now concerned.
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  #7 (permalink)  
Old 08-25-2010, 11:54 PM
Donor
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:
N/A
Category
:
EB2
I140 Mailed Date
:
09/10/2008
Chargeability
:
India
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I-140
I485 Mailed Date
:
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Join Date: Mar 2008
Posts: 2,290
snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute
Default

Quote:
Originally Posted by abheja View Post
Thank you for clarifying snathan. The company will definitely not do anything illegal, in fact it is the legality that is creating challenges. One other question came up today. If a qualified candidates applies for the job (PERM), does the company have to accept the candidate and let me go? All of these questions did not come up while filing EB3 but they are now concerned.
Yes. thats the law.
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  #8 (permalink)  
Old 09-07-2010, 05:33 AM
Donor
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
08/11/2007
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:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/11/2007
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GCHope2011 has a reputation beyond repute GCHope2011 has a reputation beyond repute GCHope2011 has a reputation beyond repute GCHope2011 has a reputation beyond repute GCHope2011 has a reputation beyond repute GCHope2011 has a reputation beyond repute GCHope2011 has a reputation beyond repute GCHope2011 has a reputation beyond repute GCHope2011 has a reputation beyond repute GCHope2011 has a reputation beyond repute GCHope2011 has a reputation beyond repute
Default

Quote:
Originally Posted by abheja View Post
Thank you for clarifying snathan. The company will definitely not do anything illegal, in fact it is the legality that is creating challenges. One other question came up today. If a qualified candidates applies for the job (PERM), does the company have to accept the candidate and let me go? All of these questions did not come up while filing EB3 but they are now concerned.
I assume that since you are currently in EB3, your current job description is different from the job description for which your company (if they agree) will initiate the EB2 PERM process for. Also, the EB2 PERM process will be for "future employment" for the different job position than the one you currently hold (I am assuming this, in the absence of any other data), so they might not need to let you go, if they get any responses.

If they get any responses to the EB2 advertisement, they will have to consider those applicants and provide them the same opportunity and diligence that they would to anyone applying for that position. If they do not find any of the applicants suitable for the position, they must have very strong and valid reasons why they cannot hire any of the respondents. Only in case they are unable to hire anyone of the respondents, can they even continue with the labor certification filing.

Also, many employers are fairly certain that they will get many responses to job advertisements and hence they do not want to go through the process for hiring a lawyer etc. etc. etc. and initiating the labor certification process for GC, when they can directly hire someone from the market.
__________________
---------------------------
Donated $350 (Monthly donor) + $200 Post GC
Participated in 2011 Advocacy Day in DC
RFE: BC in 2009/ Proof of Employment Authorization on July 8th, 2011
Greened on 07/16/2011
Cards Received on 07/21/2011

Last edited by GCHope2011; 09-07-2010 at 05:36 AM. Reason: added the last para
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  #9 (permalink)  
Old 09-07-2010, 09:40 AM
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immig4me has a brilliant future immig4me has a brilliant future immig4me has a brilliant future immig4me has a brilliant future immig4me has a brilliant future immig4me has a brilliant future immig4me has a brilliant future immig4me has a brilliant future immig4me has a brilliant future immig4me has a brilliant future immig4me has a brilliant future
Default

Quote:
Originally Posted by GCHope2011 View Post
I assume that since you are currently in EB3, your current job description is different from the job description for which your company (if they agree) will initiate the EB2 PERM process for. Also, the EB2 PERM process will be for "future employment" for the different job position than the one you currently hold (I am assuming this, in the absence of any other data), so they might not need to let you go, if they get any responses.

If they get any responses to the EB2 advertisement, they will have to consider those applicants and provide them the same opportunity and diligence that they would to anyone applying for that position. If they do not find any of the applicants suitable for the position, they must have very strong and valid reasons why they cannot hire any of the respondents. Only in case they are unable to hire anyone of the respondents, can they even continue with the labor certification filing.

Also, many employers are fairly certain that they will get many responses to job advertisements and hence they do not want to go through the process for hiring a lawyer etc. etc. etc. and initiating the labor certification process for GC, when they can directly hire someone from the market.
Porting from EB3-EB2 seems to be riddled with obstacles.... not as easy as some suggest.... thank you for your response. A lot to think
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