Tust326 Posted January 23, 2013 Report Share Posted January 23, 2013 Hello all, My employer is willing to pay for the USCIS fee but not the attorney fee to file my GC. I am ok to pay my attorney. But as per the rules the attorney fee for the PERM should be paid by the Employer and not the employee. But my company COO argues that, he spoke to USCIS and they say one does not need to hire a lawyer and can file on their own. My H1b expires 30 September 2013, not a lot of days left. 1. Can anyone tell me, if it is easy or risky to file on our own? Is it tough to handle if we get RFE? 2. If we file on our own, is their a source where I can find the procedure? What do you guys advice me to do Thank you all for your time. Link to comment
catx Posted January 24, 2013 Report Share Posted January 24, 2013 You cannot pursue permanent residency (green card) "on your own". The employer is sponsoring the employee. To start, the PERM labor certification application is completely the employer's process, not the employee's, and must be prepared and filed by them. This includes prevailing wage determination (PWD), recruitment activities and reviews, etc. The employer incurs all the associated expenses. Of course, an employer does not have to use a lawyer for the preparation and filing, but not using a lawyer increases the chances of mistakes and possibly denial. You are free to retain your own lawyer, but they can have no part in preparing and filing the PERM labor certification application, and you cannot incur any of the expenses associated with the PERM labor certification application. This is just to start ... Link to comment
JoeF Posted January 24, 2013 Report Share Posted January 24, 2013 Unless the company has experience in these things, it would fail if they don't hire a lawyer. Being penny wise and pound foolish is not a good thing. If the company doesn't want to get a lawyer for the process, I suggest you find another employer. Link to comment
catx Posted January 24, 2013 Report Share Posted January 24, 2013 Its ok to pay the fees all by yourself...i did it by myself..mine was a desi employer who wasn't ready to put money even on the PERM. That is not correct. It is illegal for an employee to pay for any portion of a PERM labor certification application. This includes preparation costs, lawyer's fees, filing fees, etc. A PERM labor certification application can be denied or revoked if it is found out that the employee incurred or was charged any of the costs. Link to comment
rahul412 Posted January 24, 2013 Report Share Posted January 24, 2013 its ok to pay the fees all by yourself...i did it by myself..mine was a desi employer who wasnt ready to put money even on the PERM. So you paid for your green card?? Link to comment
JoeF Posted January 24, 2013 Report Share Posted January 24, 2013 its ok to pay the fees all by yourself...i did it by myself..mine was a desi employer who wasnt ready to put money even on the PERM. Actually, the employer absolutely has to pay for PERM, including the lawyer fees for it. It is ILLEGAL for the employee to pay any of these fees. The employer can not be reimbursed for these fees, either. That's the law! Link to comment
t75 Posted January 24, 2013 Report Share Posted January 24, 2013 If your employer is not willing to sponsor you, it is likely that your job is such that there are many available USCs and LPRs willing and qualified for it and PERM would not go through. An employer with an employee possessing valuable and scarce skills would want to keep him/her and, thus, would file. Link to comment
rahul412 Posted January 24, 2013 Report Share Posted January 24, 2013 its ok to pay the fees all by yourself...i did it by myself..mine was a desi employer who wasnt ready to put money even on the PERM. So you did illegal things to get your GC and now after getting the GC you starting preaching. Link to comment
rahul412 Posted January 25, 2013 Report Share Posted January 25, 2013 well desi employers are known to break the law. Then why you were still working for that fraud employer??? Link to comment
rahul412 Posted January 25, 2013 Report Share Posted January 25, 2013 yah i paid everything...not that i knew that it was illegal...i wouldnt have done anything like that if i was aware of the same back then...sometimes ignorance can be a bliss. enough, just stop it. You have agreed that you did illegal things to get your GC and now started claiming that I am innocent. Now that you know that's illegal are you ready file a complaint against that employer?? Now don't come up with some excuses. Link to comment
catx Posted January 25, 2013 Report Share Posted January 25, 2013 yah i paid everything...not that i knew that it was illegal...i wouldnt have done anything like that if i was aware of the same back then ... sometimes ignorance can be a bliss. Ignorance may be bliss, but it does not make it any less fraudulent. Willfully / knowingly breaking of the law, ignoring the law, and ignorance of the law are treated the same. There is also the concept of "fruit from the poison tree" and benefiting from an illegal act. Since there was an illegal act in obtaining the PERM labor certification application approval, it could be revoked for fraud. It then could not be used to for the subsequent I-140 petition, and then the I-140 petition could not be used for the I-485 adjustment of status. In other words, the USCIS could revoke your permanent residency (green card) for fraud, and there are no statue of limitations on immigration fraud. Link to comment
rahul412 Posted January 25, 2013 Report Share Posted January 25, 2013 In other words, the USCIS could revoke your permanent residency (green card) for fraud, and there are no statue of limitations on immigration fraud. After reading your post, I guess he is really pissed off now. Link to comment
JoeF Posted January 25, 2013 Report Share Posted January 25, 2013 sometimes ignorance can be a bliss. No, it isn't. One of the fundamental rules is that ignorance is not an excuse. Essentially, your GC is in danger to be revoked at any time, because you illegally paid for the LC. Link to comment
rahul412 Posted January 26, 2013 Report Share Posted January 26, 2013 No, it isn't. One of the fundamental rules is that ignorance is not an excuse. Essentially, your GC is in danger to be revoked at any time, because you illegally paid for the LC. How can this be possible??There is no proof that employee paid for the LC. Link to comment
JoeF Posted January 27, 2013 Report Share Posted January 27, 2013 How can this be possible??There is no proof that employee paid for the LC. There is always a paper trail. All that is needed is somebody complaining to USCIS, and if they investigate, they can easily find out who paid for what. Link to comment
chakrakr Posted January 28, 2013 Report Share Posted January 28, 2013 Stop it guys!!! You are freaking me out!!! And you are still advising others on what are the consequences of lying to CIS !! Link to comment
JoeF Posted January 28, 2013 Report Share Posted January 28, 2013 What should have "freaked you out" is any suggestion or demand from the employer to pay for PERM. It is now a bit late to be "freaked out." Actions have consequences. Law-breaking has consequences. You need to see a really good immigration lawyer! Link to comment
mitsu3000gt Posted February 22, 2013 Report Share Posted February 22, 2013 yah i paid everything...not that i knew that it was illegal...i wouldnt have done anything like that if i was aware of the same back then...sometimes ignorance can be a bliss. Omshiv: This guy is funny. You know when does this guy bs around? everytime he types on this forum.. All he know is to scare people and hate people and get some attention..seriously, he is funny. Link to comment
mitsu3000gt Posted February 27, 2013 Report Share Posted February 27, 2013 Thanks mitsu3000gt. you are following my suggestions the way I ordered you to...you are very loyal. well said. follow the time stamps on the messages and say again..you just prove again that you DONT know anything that you type here. Link to comment
rahul412 Posted February 27, 2013 Report Share Posted February 27, 2013 well said. follow the time stamps on the messages and say again..you just prove again that you DONT know anything that you type here. Dude why do you want to mess up with illegal immigrants. Anyways he is under the radar of USCIS. Just stay calm. Link to comment
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