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  1. #1
    Join Date
    Jun 2005
    Posts
    8

    Question Filing for I-140/1485 Concurrent Processing with Disorderly Conduct Conviction

    Hi All,

    I got a misdemeanor initial charge reduced to Disorderly Conduct in NY state with 16 hours of Com. Service. My case is partially expunged (this means only law officials could see the information).

    My question is following. My company is in the process of applying for the PERM. EB2, ROW (Rest of the world)

    I am kind of worried about mentioning this situation to the company provided lawyer. Because I feel if I mention this they will pull out my application.

    Therefore should I file the I-140 and 485 separately?

    So I have the I-140 in approval in my hand when I have to discuss about the I-485 application and its questions. What I am losing by taking that path (by filing separately)?

    I would really appreciate if someone could answer?

    Thanks in advance.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Filing for I-140/1485 Concurrent Processing with Disorderly Conduct Conviction

    Technically speaking, the I-485 is a document that you submit (not one submitted by your lawyer), although it's not unusual for your company's immigration lawyer to assist you in completing and filing the I-485. By the same token it is your employer, not you, who files the I-140. This creates a potential conflict of interest in a situation like yours, where you would have to include information in your I-485 that you don't want your employer to know but that the employer's lawyer will learn through the representation.

    It's possible that you signed a document (or will be asked to sign a document) with the lawyer, waiving any conflict of interest. If not, technically speaking, your lawyer should respect your attorney-client confidences whether or not he's also representing your employer. But I can't promise you what your company's lawyer will do. If you do sign a waiver permitting disclosure to your employer, you can expect that the lawyer will inform your employer of everything you tell him.

    I don't know how your employer or its lawyer would react to the idea of your filing the I-485 on your own without providing them with a copy.

  3. #3
    Join Date
    Jun 2005
    Posts
    8

    Default Re: Filing for I-140/1485 Concurrent Processing with Disorderly Conduct Conviction

    Thanks Mr. Knowitall,

    You does know it all for sure.

    Could you please let me know how I could communicate this with my attorney? Normally does the police report needed to be included in cases like this for I-485 application? I am not sure whether I filled any kind of documentation like that maybe I did. I am not sure.....How could I ask that information from the attorney without she getting suspicious. Any ideas would be helpful.

    I am asking this because police report does not look good as always. I made a stupid mistake and I have done my utter most best not to do these kind of stupid mistakes.

    I just want to have the minimal effect on my job and my future in US. After this conviction I have applied for H1B renewal and traveled many times and also applied even for UK visa with the truthful answers. I never had an issue and they never questioned.

    I want in the future be like that too and I will never get into these stupid issues again.

    Thanks.

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