The Company's Law Firm Is Slow: Can You Hire Your Own Lawyer for the I-485?

The company's law firm is slow, and October's filing window is open. Can you hire your own lawyer to file the I-485? Yes, an applicant can hire a lawyer to file their own I-485. But in an employer-sponsored case one form needs the employer's own signature, and that step can't be skipped. Below we split the two situations. Rules follow USCIS's own documents; for your case, ask your immigration lawyer.

First: which kind of case is yours?

• Employer-sponsored (EB-2 or EB-3 after PERM): the I-140 petitioner is the company; the I-485 is your own application.
• Self-petitioned (NIW, EB-1A): not tied to one employer's job offer.

The difference shows up mostly in Supplement J.

Who signs the G-28?

A G-28 is how an attorney or accredited representative tells USCIS "I represent this person." USCIS's G-28 page says: "You and your legal representative must sign." USCIS's I-485 page also says your representative must submit the G-28 with your I-485. ¹²

On your I-485, the client is you, so you and the lawyer you hire sign. A G-28 the company's firm filed on the I-140 has the company as client. Whether it also names you depends on that form. We found no USCIS statement that the company's G-28 automatically covers your I-485, so confirm with the firm and with your own lawyer.

Does Supplement J need the employer's signature?

In an employer-sponsored case, yes. USCIS's Supplement J instructions are direct: the supplement must be signed by both the applicant and the individual employer or authorized signatory of the business-entity employer, and USCIS will reject it if it is unsigned or the signature is invalid. On the form, you complete Parts 1 to 3 (plus Parts 4 and 5 if an interpreter or preparer helped); Parts 6 to 8 are the employer's: company details, job details, and the authorized signatory's certification and signature. ³

When is it due? Unless you file the I-485 together with the I-140 or while the I-140 is still pending, you must file Supplement J when you file the I-485, to confirm the I-140's job offer is still valid. USCIS may also ask for it again before final processing. ³

NIW and EB-1A applicants don't need it. The instructions say these categories are not tied to a specific job offer, so no Supplement J when filing the I-485. ³

So, "can I file without relying on the company?"

• NIW, EB-1A: you can file with your own lawyer, with no company signature on this form.
• Employer-sponsored: you can file the I-485 with your own lawyer, but you must ask the employer to sign Supplement J. Without it you can't file that supplement. What to do if the company won't cooperate is a case-specific question for a lawyer.

The firm is slow. Is October still doable?

USCIS's page on adjustment filing charts (updated 2026-09-28) says that for October 2026, "for all employment-based preference categories, you must use the Dates for Filing chart" in the October Visa Bulletin. ⁴ Whether you can file depends on whether your priority date is current on that chart. USCIS announces the chart each month, so next month may differ; we don't predict it and there is no fixed "last day." What you can do now is ask the firm three things: when your documents will be ready, what you and the company each need to provide, and when they can file.

If the firm can't give a date, hiring another lawyer is an option, but build in time for the employer to sign Supplement J and supply company information.

Can I hire my own lawyer without disturbing the company's side?

No official document says that hiring your own lawyer affects the I-140 or the company's PERM. But we also found no official guidance on how such an arrangement works in practice, for example how two firms hand over files. Put that question to the new lawyer, and ask about fees, who signs the G-28, and who contacts the employer.

Reorganization or a new manager

What the official documents do say: the employer parts of Supplement J are completed and signed by the individual employer or an authorized signatory of the business entity. ³ The USCIS Policy Manual says the job offer must be valid and the employer must have intended, when the petition was approved, to employ you after adjustment. ⁵

We found no USCIS rule that a change of direct manager invalidates the job offer. Changes in title, duties and pay show up in official guidance mainly in the "same or similar occupational classification" test for job portability (AC21), not as a manager change. ⁵ Mergers, acquisitions or reorganizations raise issues such as successor-in-interest that these documents do not answer in a sentence. Take your facts to a lawyer.

Bring this to the lawyer

1. Your I-140 approval notice (I-797) and priority date;
2. Whether your I-485 is already filed; if not, whether you plan to use EB-2 or EB-3;
3. Whether the company will sign Supplement J, and who the authorized signatory is;
4. The timeline your current firm gave you;
5. Your status and the expiry dates of your EAD and H-1B.

This article gives general rules, not legal advice; always check the official version in force. To compare EB-2 and EB-3 use the EB-2 vs EB-3 tool; for switching categories after filing, see switching between EB-2 and EB-3 after you file.

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