G28 form while filing AC21

[ParitB]

Hi,

I am planning to switch to new employer while on EAD (Green card EAD). (EAD pending for more than 180 days). I am planning to do the AC21 process and G28 form for attorney change as well. However I have a question regarding G28. One attorney told me that two G28 forms are required, one signed by me, and the other signed by my new employer. Both the forms will be sent to the USCIS. However, the new employer told me that, they cant sign it, and it should be only me who should be signing on the G28 form.

Can somebody throw some light on this, as to what exactly is required for G28 form?

 

Regards.

ParitB

[Belle]

G28 is filed on a petition that is pending, but the petitioner. If you are talking about I-485 petition, then you are the petitioner. Your employer is the petitioner on I-140, however, it is very much recommended to use AC21 after I-140 is approved, so it is not pending any more.

[Attorney_6]

We obtain the G-28 from the employee, only, in AC21 cases. In AC21 cases involving a change of employer, the new attorney takes over representation in the I-485 case. The I-485 is an application filed by the foreign national applicant. The G-28 is entered for the applicant in this situation.

[ashuneel]

If you are a noncitizen submitting an immigration-related application and you do not have an attorney, you do not need to submit a Form G-28.