mandeva

Hi all,

*apologies for the long read*

I have been in the US for 8 years now, working for the same company. For the first 2 years I was on an L1 visa, which was then converted to an H1B and is due to expire in 2 weeks.
It took me several years to convince them to sponsor my green card, but the process was finally started 3 years ago, albeit it at a glacial pace, with both the coming and the lawyer representing me on their behalf insisting that I was “next in line” in our internal queue, etc.

Throughout all of this, the lawyer would regularly fail to respond to my emails for several weeks at a time (the record was 3 months), would not answer my calls, and then send me lengthy responses with requests for documentations I have already provided over and over again over the years. I was not happy with it, but felt that I’d been with the firm and this lawyer for such a long time that it was best for me to get through the application process with them.

About 2 months ago, in full panic, I emailed again to ask what my status was, if I needed to leave the country, where the green card application was, and so on. After 3 weeks, I finally got a response to my final email (my manager was cc’ed), once again asking me for A LOT of documentation and answering multiple questionnaires internal to the law firm - all of which I had already submitted before. The lawyer also made clear that any delay on my part would jeopardise my status here, and that her plan was to apply for the green card the following week.

i submitted everything within 24 hours, and managed to find a civil surgeon in Manhattan who could see me within the week. This was 3 weeks ago, and I am once again waiting for the lawyer to respond to my weekly emails.

Except that I am now exactly 2 weeks away from my visa expiring at its term limit, and I just don’t know what to do.

is it worth me hiring my own lawyer to take over the petition for me? Or is that too late / something that needs to be done by my employer as the petitioner?

Does anyone know if I can work remotely from another country (assuming my employer agrees) while the green card is being processed even if my visa expires?

Or if you have suggestions for other avenues still open to me at this stage?



(and thanks Roy for suggesting I post here)

scrubbedexpat099

The Lawyer is employed by and responsible to your Employer not you.

Wonder if there are things going on that you do not know about.

I would be making a merry stink internally, they are the ones who pay her fees.

tht

Have you seen any USCIS receipt numbers ? Have you had biometrics done by USCIS ?

mandeva

The internal paralegal has been equally unresponsive in recent years, although luckily my manager has been supportive.

Yes - since the lawyer is employed by the company, I was thinking there wasn’t much I could do, but friends have suggested I get my own lawyer and let them handle the company lawyer directly. I’m not sure how meaningful or even useful that would be though.

No biometrics or anything - all I have is the DoL receipt and approval. Our next stage was meant to be a formal filing for the green card, coupled with a work permit and a permit to travel. All of which I wouldn’t have a problem waiting for if my H1B wasn’t expiring in 2 weeks...

I’ll keep pushing internally and hope for the best

scrubbedexpat099

Why do they think an external lawyer would produce a response from the Company one other than go away?

I would focus on your Management, they pay her.

tht

I don’t recall if I had to sign the I-140, but I did sign the I-485, I-131, I-765, so if they were doing a concurrent filling you would have seen that. I assume you are referring to filling for an EAD and AP (combo card) which you could have used while you were waiting to work and travel. You mention “formal filing” which makes it sound like nothing has actually been submitted. Sorry they put you in this position.

retzie

I'm another vote for leaning on your manager. Do they want you to have to leave the country in 2 weeks?? Even if you can find somewhere to set up and work remotely on short notice, there is absolutely no way your work won't be disrupted. It is in their best interests to get this sorted out quick smart.

In my experience, employers don't always have good idea of how lawyers are handling individuals. It sounds like they have really dropped the ball in your case, and they need a swift kick from the one who pays the bills.

Also, I'm really sorry you find yourself in this position . My bad immigration lawyer experience just cost my employer and I money, not time. Sending you good vibes from Queens.

Pulaski

It seems to me that this thread should have been started at least two years ago.

With only two weeks to go I think we are watching an inevitable train wreck.

SanDiegogirl

Wonder why he had to change from L1 to H-1b? As an L-1 holder it would have been much easier to obtain and process a Green Card.

Must agree that waiting until you are just about to lose your status (and after 8 years) is extraordinary. Methinks his company has 'strung him along' ..... shame......

tht

A solid L1a case can be used to apply for an EB1c, but the process is different for an L1b. I have seen someone go from an L1 to an H1b to GC... in some cases employers drag out the process and do things as late as possible to “retain” employees... I have also seen cases where it seems like the lawyers take the less direct path to generate more fees.... I have also seen cases where things are submitted and approved but held and the employer does not give the employees details...

Jerseygirl

We had a member whose visa was about to expire...the delay in renewal was the fault of the USCIS. Made no difference...the had to pack up and leave.

tom169

This is a sad state of affairs.

Zoe Bell

I’m really really sorry tha5 you find yourself in this position

the passive aggressive in me would be approaching manager to request vacation time and when asked for a reason explain it is to pack up for the move back to uk
or refuse any meeting requests for the future with the explanation that you will no longer be legally employed at the company

sorry again