Learning that your employer’s immigration attorney has withdrawn from your Form I-485 Adjustment of Status case can be alarming. Many employment based green card applicants immediately wonder:

• Can my company’s lawyer withdraw from my I-485?
• Will USCIS deny my green card?
• Can I hire my own immigration attorney?
• Does my employer have to keep paying for my lawyer?
• Will my employer withdraw my I-140?

Fortunately, the attorney’s withdrawal does not automatically mean your employment based green card application will be denied. Understanding what the attorney’s withdrawal means and what it does not mean is critical to protecting your immigration case.

Can My Company’s Immigration Lawyer Withdraw From My I-485 Case?

Yes. The employer’s immigration attorney may withdraw from representing the employer, the employee, or both.

Common reasons include:

• RFE/NOID Issued due to INA 212(a)(6)(C)(i), 212(a)(3)(D), 212(a)(6)(E), 212(a)(9)(B) and etc.
• resignation from the company
• termination of employment
• employer decides to stop sponsorship
• conflicts of interest
• unpaid legal fees
• breakdown in the attorney client relationship
• company changes law firms
• the employee wishes to retain independent counsel

The attorney usually notifies US Citizenship and Immigration Services by withdrawing the Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative.

Does the Company’s Lawyer Represent Me or the Employer?

Many employees believe the company attorney is their personal attorney. In reality, the employer’s immigration attorney is often retained primarily to represent the employer’s interests in the employment based immigration process. Although the attorney may communicate directly with the employee and assist with immigration filings, conflicts can arise if:

• employment ends,
• the employer withdraws sponsorship,
• disagreements develop between the employer and employee.

In those situations, retaining your own independent immigration attorney may be appropriate.

Does My I-485 Automatically Get Denied?

No. The withdrawal of an attorney is not the same as the withdrawal of your green card application.

USCIS continues processing the I-485 unless:

• the application is denied,
• you withdraw it,
• the underlying immigrant petition is revoked or no longer supports adjustment,
• or another legal issue arises.

Can I Hire My Own Immigration Attorney?

Absolutely. If your employer’s attorney withdraws, you may retain your own immigration lawyer to:

• communicate directly with USCIS,
• respond to Requests for Evidence (RFEs),
• respond to Notices of Intent to Deny (NOIDs),
• prepare you for interviews,
• monitor your case,
• protect your individual interests.

Many applicants choose independent counsel when their interests no longer align with the employer’s.

What If My Employer Withdraws the I-140 Too?

This is a separate legal issue. Your employer’s attorney may withdraw from representation without the employer withdrawing the approved Form I-140.

Whether an employer’s withdrawal affects your green card depends on factors such as:

• whether the I-140 has already been approved,
• how long your I-485 has been pending,
• whether portability under INA §204(j) applies,
• whether another qualifying job offer exists.

Common USCIS Situations After a Company Lawyer Withdraws

Applicants often receive:

Requests for Evidence (RFEs)

USCIS may ask for:

• updated employment verification,
• Supplement J,
• evidence of continued eligibility,
• proof of job portability.

Interview Notices

If USCIS schedules an interview, having independent counsel can help applicants prepare for:

• employment questions,
• immigration history,
• admissibility issues,
• prior filings.

Notices of Intent to Deny (NOIDs)

Complex cases involving:

• employer withdrawal,
• job changes,
• portability,
• prior status issues,

often require strong legal responses.

Successful Case Examples

Case 1: Employer Changed Law Firms During Pending I-485

An engineer’s employer Microsoft replaced its immigration counsel after the I-140 had already been approved. The employee retained our firm to independently monitor the I-485, review all prior filings, and prepare for any future USCIS requests.

Result: The adjustment of status application was approved.

Case 2: Company Attorney Withdrew After Employment Ended

A software developer working for Amazon left the sponsoring employer after the I-485 had been pending for more than 180 days. The employer’s attorney withdrew from the case shortly afterward. We evaluated portability under INA §204(j), prepared the required employment documentation, and filed our representation.

Result: USCIS approved the green card.

Case 3: NOID Issued After Employer Attorney Withdrew

An applicant received a Notices of Intent to Deny after the employer’s attorney stopped representing the case. We reviewed the entire immigration history, organized supporting evidence, and submitted a detailed legal response.

Result: The NOID was overcome and the I-485 was approved.

Need Independent Representation for Your Employment-Based Green Card?

We focus exclusively on protecting the employee’s immigration interests. We regularly assist applicants with:

EB-1
EB-2
EB-3
PERM labor certification
I-140 petitions
I-485 adjustment of status
INA §204(j) portability

We have extensive experience responding to:

• Requests for Evidence
• Notices of Intent to Deny
• employment verification requests
• portability questions
• interview preparation

If your company’s immigration lawyer has withdrawn from your case or you simply want your own attorney protecting your interests we are here to help.

Whether your case involves:

• a pending I-485,
• an approved I-140,
• employer withdrawal,
• job portability,
• an RFE,
• a NOID,
• or a USCIS interview,

we can evaluate your case, explain your options, and develop a strategy tailored to your situation.

Contact Us Today

Call: 305-515-0613
Email: info@messersmithlaw.com

Same day consultations available.