EAD RFE - Do we get it or the lawyer

[smuggymba]

Quick question forum members:

I quit my nice job with a US employer and joined another big US company on EAD (just for a better role). The new company is saying they don't provide Employment letter with job description and are urging me to use the Offer Letter and the Job Description posting separately.

They are also saying that they only provide such employment letter only if there is an RFE.

Given this I'm thinking not to apply for AC21 at the moment.

1.) My lawyer in USCIS database is still from my old company. Can I file G-28 through a new lawyer without filing AC21?

2.) Who gets the RFE - the lawyers or the petitioners (us)?

Thanks.

[Kanmani]

Quick question forum members:

I quit my nice job with a US employer and joined another big US company on EAD (just for a better role). The new company is saying they don't provide Employment letter with job description and are urging me to use the Offer Letter and the Job Description posting separately.

They are also saying that they only provide such employment letter only if there is an RFE.

Given this I'm thinking not to apply for AC21 at the moment.

1.) My lawyer in USCIS database is still from my old company. Can I file G-28 through a new lawyer without filing AC21?

2.) Who gets the RFE - the lawyers or the petitioners (us)?

Thanks.

1. Yes.
2. Attorneys receive the RFE copies and the petitioners may or may not receive the courtesy copy.

[qesehmk]

I think ...
1. You don't need anybody to represent you. You can "CHOOSE" to have a lawyer represent you if you wish so. But that's optional.
2. You can let USCIS know about #1 without worrying about AC21.
3. Whoever is representing you will receive all communication. Regardless of who is representing you - you will always receive teh final 485 approval. In my case although a lawyer was representing me - he never received any official 485 approval communication. He asked for it but by that time he had given me such a hard time over 7 years - I didn't even bother to respond to the lawyer.

Quick question forum members:

I quit my nice job with a US employer and joined another big US company on EAD (just for a better role). The new company is saying they don't provide Employment letter with job description and are urging me to use the Offer Letter and the Job Description posting separately.

They are also saying that they only provide such employment letter only if there is an RFE.

Given this I'm thinking not to apply for AC21 at the moment.

1.) My lawyer in USCIS database is still from my old company. Can I file G-28 through a new lawyer without filing AC21?

2.) Who gets the RFE - the lawyers or the petitioners (us)?

Thanks.

[smuggymba]

I think ...
1. You don't need anybody to represent you. You can "CHOOSE" to have a lawyer represent you if you wish so. But that's optional.
2. You can let USCIS know about #1 without worrying about AC21.
3. Whoever is representing you will receive all communication. Regardless of who is representing you - you will always receive teh final 485 approval. In my case although a lawyer was representing me - he never received any official 485 approval communication. He asked for it but by that time he had given me such a hard time over 7 years - I didn't even bother to respond to the lawyer.

Thanks Kanmani and qesehmk.

So looks like I need to file G-28 and leave the AC21 for now. Will that raise any alarm bells?

Or should I reach out to the previous company attorney (Foster Quan law firm) and ask them to continue the representation; two things can happen here:

1.) They will ok and continue representation
2.) Will reach out to the employer to revoke I-140 since now they will know that I have left. Not sure if my employer has told them or not. Can we know if an I-140 is revoked.

Totally confused

[Kanmani]

Why don't you approach the new company's counsel to take up on your behalf. If they agree, even if your employer is not willing to pay, you can pay. Problem solved.

It is not a must to inform change of counsel to USCIS, but the con part is that potential RFE will be sent to the old law firm, you may or may not be supported by them.

[Kanmani]

Sportsfan, Mid sized companies do not always stick to one law firm, they change their legal counsels. I have already discussed this during our I-485 filing.

[smuggymba]

Why don't you approach the new company's counsel to take up on your behalf. If they agree, even if your employer is not willing to pay, you can pay. Problem solved.

It is not a must to inform change of counsel to USCIS, but the con part is that potential RFE will be sent to the old law firm, you may or may not be supported by them.

New company uses Fragomen and they have made it clear that they will give me an employment letter only in case of RFE. My boss escalated etc but the legal department is stuck to its stand.

I left on really good terms and there were hardly a few ppl whose GC was filed by the previous company; not sure if contacting Foster Quan would make them cancel I-140 or maybe they would do nothing and support me. I posted this question on Avvo.com and 2 lawyers said we receive the RFE and 2 said both we and lawyer receive RFE so looks like there is no standard practice; so even the lawyers don't agree.lol.

[smuggymba]

When I left, I was told by my lawyer that very few companies really go the length to revoke I140. It seems like a trait of desi employers. I would be very surprised if your I140 was revoked.

That's what I would think; revoking I-140 seems to be the "punishment by RFE" that desi employers give ppl who leave them. On the other hand, lawyers also coax employers to revoke I-140 stating it has to be done for compliance - again scare tactic to grab $2000.00 as revocation fees.

I have the following options:

1.) Setup my USCIS account with online email/phone alert if any update happens. (Done)

2.) Reach out to Foster Quan and request them to continue with my I-485 hoping they won't cancel I-140 etc triggering RFE. All lawyers want money in the end and money comes from "troubles"; simple case means no money. I might offer to pay a fee to Foster Quan. (Still Thinking on how to proceed on this; they'll know in Sep anyway when my H1 is up for renewal that I have left)

My PD is Mar 2010 EB2, so I'm guessing I shouldn't even bother till Sept of 2015 about RFE.

[qesehmk]

smuggymba -

First forget AC21. It is not a requirement at all. I am fairly confident about that and looks like everybody else is too.

Your first worry is - "Do I have the right representation?". Because otherwise the communication goes to a person who is not really representing you.
So first get that straight. If your current employer doesn't want to provide you a lawyer -- just represent yourself and stop the old lawyer from representing you. G28 or whatever the form is .... use it. It is very straightforward.


Second - your worry is whether old employer will revoke 140. Well .... they may not since it costs to revoke. The lawyer won't do it pro bono. So what's the point.
It is futile furthermore if your 485 is pending since 180 days and 140 is approved then revoking such 140 doesn't mean anything for you. Your 485 is safe.

In short - although 140 is a worry .... there is literally nothing you can do there. Ok? So why worry about something you can't influence.

BTW what is your situation? 180 days passed and 140 approved?

[smuggymba]

I-140 approved in 2010, I-485 filed in 2012...so it's been almost 2 years since I submitted I-485.

My job with previous employer was all cool and nice, great salary; I just moved for a better role - from analyst to a design architect....sometimes I think I should have stayed, all this hassle is not worth it. Hopefully everything works out since my wife works on EAD, we bought a house etc...

[qesehmk]

Looks great. So 140 is no worry at all. Now that you have taken the step of leaving the employer don't worry about it.

I guess the G28 filing would be a good idea. Good luck smuggymba.

I-140 approved in 2010, I-485 filed in 2012...so it's been almost 2 years since I submitted I-485.

My job with previous employer was all cool and nice, great salary; I just moved for a better role - from analyst to a design architect....sometimes I think I should have stayed, all this hassle is not worth it. Hopefully everything works out since my wife works on EAD, we bought a house etc...

[venki080]

I dont thnk you need to be worried about anything. I am telling you from first hand experience that you dont have to file AC21 or G 28 to uscis at this point of time.Just wait it out. I Changed multiple jobs on EAD and never sent any G28 or AC 21 documentation.

U already invoked AC 21 when u changed employers.

[smuggymba]

I haven't filed AC21 yet and looks like from the replies that I don't need to.

What do you mean by "U already invoked AC 21 when u changed employers."