Question:
I have a terrible lawyer, hired by my company, who doesn't want to explain
the GC application process and any indicators that I may be able to receive
on its' progress.
Does anybody know anything about this or any good websites that I can visit
that give me a good overview of what I need to know - i.e. what is going on
with my application and when should I expect to receive any news...
Answer:
With the answers to some questions we can tell you more. What kind of
work do you do? What's your highest degree? In which city is your
employer located?
What category did the lawyer decide to use for your immigration (see
http://travel.state.gov/visa;employ-based.html,
http://www.ilw.com/hammond/perm-em.htm,
http://www.americanlaw.com/iv.html)? Will you need labor certification,
or do you qualify in a labor-cert-exempt category?
Here are the questions you can ask your lawyer about your basic
progress:
Has your labor cert been filed (if applicable)?
Has your I-140 been filed?
Has your I-485 been filed?
Here are websites about processing times:
http://www.visalaw.com/processing.html
http://www.shusterman.com/toc-sc.html
First off, you should speak to your company's HR dept about this lawyer. He may
not listen to you but should listen to your company since they are the ones
paying his fees.
One tip that a friend of mine used and worked like a charm - if you communicate
via email, cc all your emails to HR. If your company uses this lawyer for all
of their immigration-related issues, most likely he's not gonna want to pissed
them off and lose their business. By doing this you are telling him that your
company is aware of your dissatisfaction.
There are alot of good information available online - most are websites hosted
by immigration attorneys. Two that I visit frequently are www.immigration.com
and www.usvisanews.com. You should be able to find all the information you need
there.
As far as I know, I am currently waiting for labor certification. I checked
the sites, and none seemed to have the waiting times for LC.
So is the progress:-
Get H1 - Get LC - Get i-140 - Get i 485 - Get Green Card?
Or do I already have to have LC to get the H1???
Try http://www.immigration-lawyer.com/times/times.htm. Add together the
SESA and the DOL for the type of application which was filed on your
behalf.
More or less. The terminology is actually: employer files labor
certification application with SESA, SESA processes application and
transmits it to DOL, DOL approves application, employer files I-140
petition with INS, INS approves petition, you file I-485 application
with INS, INS approves application, you get your passport stamped and
submit signature, fingerprint and photo at district INS, INS produces
Permanent Resident Card and mails it to you.
No. H-1B allows dual intent, so the LC application may be filed as soon
as the employer wishes, even if the person does not yet have H-1B
status.
