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Can employer FORCE delay in I-140 filing? Can I use a different lawyer?

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  • dragonlady
    replied
    Sugar puff is right - you should have smiled sweetly and said nothing - and then just have found another job when the timing was right.

    At this point - bite the bullet - say nothing - keep your mouth shut - and when the time is right - leave. And remember that you work about 8 hours a day to support what you really want to do. Get a great outside of work life and things will be more bearable. Smile at your boss while you are thanking the Universe that you are not him - or anyone else you work with.

    Good Luck.

    Leave a comment:


  • Sugarpuff
    replied
    The I-140 is the employers petition and it is filed on BEHALF of the employee. The employee has no rights whatsoever with regard to when or if it is filed.

    You should have kept your mouth shut. I mean do you think your employer would have told you if they had an intent to fire you??

    Leave a comment:


  • dc4opera
    replied
    I need some advice from the people on this board.

    My labor certification was recently approved via PERM. My employer will soon be signing the
    paperwork to file the I-140 with INS. My contract with him expires in February 2007, and he wants me to continue working for him beyond that. I, however, have expressed my desire NOT to stay with him any longer than I need to. Obviously, I will need to stay until 6 months have passed from the filing of my I-485 for portability to kick in.

    Because of this, he wants me to WAIT until January 2007 to file my I-485. This way he is assured that I will be working for him until June 2007. My question is, does he have any right to coerce me to wait until January 2007 to file the I-485?

    I initially agreed to this delay in filing because I was under the impression that BOTH the I-140 and I-485 were to be filed by the employer, and that I-485 processing took about 6 months. Now that I have learned that the I-485 is to be filed by me and that I-485 processing can take more than a year, are there any downsides to me filing the I-485 earlier than January 2007 WITHOUT MY EMPLOYER KNOWING?

    I realize that "honesty is the best policy" but the situation is truly untenable for me and I feel that he is purposely delaying the processing of my INS papers to keep me at his mercy. Another factor to consider is that the lawyer we will be using for the I-140 will be the same one who will file my I-485. Can I invoke attorney-client privilege with regards to the I-485 so that they cannot tell my employer that I filed it earlier than he wanted? For that matter, can I use a different lawyer to file the I-485 that the one who filed the I-140?

    Alternatively, can I file my I-485 with a DIFFERENT ATTORNEY than the one who filed the I-140 for my employer. Bear in mind that the I-140 will STILL BE PENDING when the I-485 is filed. If I opt to wait until the I-140 has been approved, would there be any problem if I choose to file the I-485 using a different attorney? This way, my employer would have no way of knowing that I filed the I-485. I will have him sign the work letter beforehand, of course.

    Any opinions and suggestions regarding this matter will be greatly appreciated. Thank you very much and good luck to all!

    Leave a comment:


  • Can employer FORCE delay in I-140 filing? Can I use a different lawyer?

    I need some advice from the people on this board.

    My labor certification was recently approved via PERM. My employer will soon be signing the
    paperwork to file the I-140 with INS. My contract with him expires in February 2007, and he wants me to continue working for him beyond that. I, however, have expressed my desire NOT to stay with him any longer than I need to. Obviously, I will need to stay until 6 months have passed from the filing of my I-485 for portability to kick in.

    Because of this, he wants me to WAIT until January 2007 to file my I-485. This way he is assured that I will be working for him until June 2007. My question is, does he have any right to coerce me to wait until January 2007 to file the I-485?

    I initially agreed to this delay in filing because I was under the impression that BOTH the I-140 and I-485 were to be filed by the employer, and that I-485 processing took about 6 months. Now that I have learned that the I-485 is to be filed by me and that I-485 processing can take more than a year, are there any downsides to me filing the I-485 earlier than January 2007 WITHOUT MY EMPLOYER KNOWING?

    I realize that "honesty is the best policy" but the situation is truly untenable for me and I feel that he is purposely delaying the processing of my INS papers to keep me at his mercy. Another factor to consider is that the lawyer we will be using for the I-140 will be the same one who will file my I-485. Can I invoke attorney-client privilege with regards to the I-485 so that they cannot tell my employer that I filed it earlier than he wanted? For that matter, can I use a different lawyer to file the I-485 that the one who filed the I-140?

    Alternatively, can I file my I-485 with a DIFFERENT ATTORNEY than the one who filed the I-140 for my employer. Bear in mind that the I-140 will STILL BE PENDING when the I-485 is filed. If I opt to wait until the I-140 has been approved, would there be any problem if I choose to file the I-485 using a different attorney? This way, my employer would have no way of knowing that I filed the I-485. I will have him sign the work letter beforehand, of course.

    Any opinions and suggestions regarding this matter will be greatly appreciated. Thank you very much and good luck to all!
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