Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > Immigration Voice Issues and Congressional updates > All other Green Card Issues
Click to log in with Facebook
All other Green Card Issues I-140/I-485, Family Based Green Card

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 01-18-2010, 11:31 AM
Senior Member
Priority Date
:
Sep-04
Category
:
EB2
I140 Mailed Date
:
05/31/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jul 2007
Posts: 125
kpchal2 has a spectacular aura about kpchal2 has a spectacular aura about kpchal2 has a spectacular aura about
Default Company Firing left and right - what to do

hi
my company is firing left and right - to avoid severance pay and just drop high salary employees - the company is just using recession as a means to just drop these people and get low paid employees. i recently got my green card and it is only 4.5 months sicne i got it and debating about leaving the company. i hate to be laid off for some red tape reason and would like to leave with dignity. the constant stress of thinking as to when the axe is going to fall on me vs meeting the requirements of the immigration (6 months in the same company post green card) is troubling me a lot. any thoughts on what i can do. i used ac21 to move to this company recently. so can any one suggest what i can do and what i cannot and should not do. on one end it is unbearable with this company and on the other hand it is troubling to put the green card at risk. any gurus with thoughts - please advice.
thanks
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 01-18-2010, 11:41 AM
Donor
Priority Date
:
May-04
Category
:
EB3
I140 Mailed Date
:
08/14/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/14/2007
Compare
Join Date: Jun 2007
Posts: 997
gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of
Default

If company lays you off, your GC is not at risk. You have to have some proof that they laid you off and you didn't leave them on your own.

To confirm, you can check with an attorney. I think you are fine.

NB: This is not a legal advise.
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 01-18-2010, 12:00 PM
Senior Member
Priority Date
:
Feb-06
Category
:
EB2
I140 Mailed Date
:
05/05/2006
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
06/30/2007
Compare
Join Date: May 2006
Posts: 1,300
Blog Entries: 3
anilsal has a reputation beyond repute anilsal has a reputation beyond repute anilsal has a reputation beyond repute anilsal has a reputation beyond repute anilsal has a reputation beyond repute anilsal has a reputation beyond repute anilsal has a reputation beyond repute anilsal has a reputation beyond repute anilsal has a reputation beyond repute anilsal has a reputation beyond repute anilsal has a reputation beyond repute
Default If you get laid off

then maybe you can apply for unemployment benefits while you look for another job. Since you have a GC, you should be ok.

Just keep the documents of layoff properly for future reference if needed.
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 01-18-2010, 01:01 PM
Senior Member
Priority Date
:
Sep-04
Category
:
EB2
I140 Mailed Date
:
05/31/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jul 2007
Posts: 125
kpchal2 has a spectacular aura about kpchal2 has a spectacular aura about kpchal2 has a spectacular aura about
Default

thanks for the responses.

the thing is the company does not lay off - they will fire people to avoid severance pays and all. i would hate to be fired. so to keep my dignity, i want to resign before being fired. so i was wondering if i need to wait for the 6 months to complete or is it ok for me to resign early and move on. not too sure - can some one advise.

thanks
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 01-18-2010, 01:06 PM
Senior Member
Priority Date
:
Feb-06
Category
:
EB2
I140 Mailed Date
:
05/05/2006
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
06/30/2007
Compare
Join Date: May 2006
Posts: 1,300
Blog Entries: 3
anilsal has a reputation beyond repute anilsal has a reputation beyond repute anilsal has a reputation beyond repute anilsal has a reputation beyond repute anilsal has a reputation beyond repute anilsal has a reputation beyond repute anilsal has a reputation beyond repute anilsal has a reputation beyond repute anilsal has a reputation beyond repute anilsal has a reputation beyond repute anilsal has a reputation beyond repute
Default If you voluntarily

leave the company - you will have no income during job search. If you involuntarily leave the company (either due to layoff or firing), you are eligible for unemployment benefits.

Since they are doing mass firing of employees, it kind of amounts to a layoff minus the severance.

Of course there is the question of dignity. If you want to change, I feel it should be ok to change. 6 months is just a suggestion. There is no hard and fast rule that you have to stick.

You invoked AC21 to indicate that you took up a job in the same field. You have to find another in the same field asap at least for a few more months. Just my opinion.
Bookmark and Share Compare Reply With Quote


  #6 (permalink)  
Old 01-18-2010, 01:07 PM
Senior Member
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
06/11/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
Compare
Join Date: May 2006
Posts: 4,194
Blog Entries: 1
chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute
Default

Quote:
Originally Posted by kpchal2 View Post
thanks for the responses.

the thing is the company does not lay off - they will fire people to avoid severance pays and all. i would hate to be fired. so to keep my dignity, i want to resign before being fired. so i was wondering if i need to wait for the 6 months to complete or is it ok for me to resign early and move on. not too sure - can some one advise.

thanks
Layoff or fired - what difference does it make? Keep respect and dignity aside - things are changing these days, n o more ethics.

Use judgement, if you wish to stay till u get fired, just stay and take it easy anyway they may fire. If you want to relax at home and look for another job by staying at home, it is your choice. Let your mind not get affected by the "firing thing".

Don't get stressed - stress is bad.
__________________
Greened on September 10th, 2010
Bookmark and Share Compare Reply With Quote


  #7 (permalink)  
Old 01-18-2010, 01:17 PM
Senior Member
Priority Date
:
Sep-04
Category
:
EB2
I140 Mailed Date
:
05/31/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jul 2007
Posts: 125
kpchal2 has a spectacular aura about kpchal2 has a spectacular aura about kpchal2 has a spectacular aura about
Default

thanks again guys. so is it ok for me to find another job inthe same field and move on - if i can find one quickly. so a move does not affect my future citizenship application ? is that a fair statement. or does it all boil down to luck at the end. some people say u can leave the company in less than 6 months and some say it is not ok. is there some kind of law governing this - can some one pointme to it. i have waited for 10 years to get my GC and would hate to put it in jeopardy. i guess dignity does not hold when it comes to the point of GC revocation. god - this sucks. do i have to please the company, my boss, my self or the uscis. it sucks to know that u put ur mind and soul into the job and at the end this is how they pay off loyalty. anyways no complaints,. wondering how i can get out of this situation without jeopardizing my green card. any sugegstions and pointers. i can really use some now.
thanks guys
Bookmark and Share Compare Reply With Quote


  #8 (permalink)  
Old 01-18-2010, 01:19 PM
Senior Member
Priority Date
:
Dec-07
Category
:
EB1B
I140 Mailed Date
:
11/30/2007
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
11/30/2007
Compare
Join Date: Dec 2006
Posts: 588
raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute
Default

Quote:
Originally Posted by kpchal2 View Post
thanks for the responses.

the thing is the company does not lay off - they will fire people to avoid severance pays and all. i would hate to be fired. so to keep my dignity, i want to resign before being fired. so i was wondering if i need to wait for the 6 months to complete or is it ok for me to resign early and move on. not too sure - can some one advise.

thanks
There is no "rule" or "law" that states that one needs to stay with their employer for 6 months after receiving green card. The essential point is that you had the intent of working with your employer when you got the green card. The problem is how you prove your intentions and/or how USCIS can determine what your intentions were. There is a legal precedence that has established the 30/60/90 days rule; if you change your mind before 30 days, then you had different intentions all the time; if you do that after 90 days, then no one will come after you. However, apparently the ruling is binding for DOS, not necessarily USCIS.

My general suggestion is that keep as much record as you can of the "hostile" environment in your office. If you do resign soon, then after 5 years during citizenship application if someone questions that, you should be able to *prove* that at the time of getting the GC you had intention to work for the employer, but it is the employer that made the environment hostile and counter-productive to your career that forced you to leave.
__________________
I am not a lawyer. Use at your own risk any information given by me.
Bookmark and Share Compare Reply With Quote


  #9 (permalink)  
Old 01-18-2010, 01:27 PM
Donor
Priority Date
:
N/A
Category
:
EB2
I140 Mailed Date
:
09/10/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Mar 2008
Posts: 2,290
snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute
Default

Quote:
Originally Posted by kpchal2 View Post
thanks again guys. so is it ok for me to find another job inthe same field and move on - if i can find one quickly. so a move does not affect my future citizenship application ? is that a fair statement. or does it all boil down to luck at the end. some people say u can leave the company in less than 6 months and some say it is not ok. is there some kind of law governing this - can some one pointme to it. i have waited for 10 years to get my GC and would hate to put it in jeopardy. i guess dignity does not hold when it comes to the point of GC revocation. god - this sucks. do i have to please the company, my boss, my self or the uscis. it sucks to know that u put ur mind and soul into the job and at the end this is how they pay off loyalty. anyways no complaints,. wondering how i can get out of this situation without jeopardizing my green card. any sugegstions and pointers. i can really use some now.
thanks guys
I am really wondering which planet you are from...Pandora? Take it easy and make sure which is the best option for your future. If I were I would wait for them to fire me and get the papers, document it properly. Who cares if they are firing me or firing themselves...
Bookmark and Share Compare Reply With Quote


  #10 (permalink)  
Old 01-18-2010, 01:31 PM
Senior Member
Priority Date
:
Sep-04
Category
:
EB2
I140 Mailed Date
:
05/31/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jul 2007
Posts: 125
kpchal2 has a spectacular aura about kpchal2 has a spectacular aura about kpchal2 has a spectacular aura about
Default

so i invoked AC21 in early 2009 and moved from Company A to Company B. So who do i need to prove my intent of stay - for Company A or Company B. Company A seems to be moot and Company B just continued my GC pursuit and never really applied for it. So it seems strange that they want me to prove it. but knowing that this exists any thoughts on how I can convey my intent of goodwill to stay with the company

these qualitative processes are very hard and can be argued either way with we having to lose all our life and USCIS just policing and having nothing to lose. what a way of life :-(
Bookmark and Share Compare Reply With Quote


  #11 (permalink)  
Old 01-18-2010, 01:38 PM
Senior Member
Priority Date
:
Feb-06
Category
:
EB2
I140 Mailed Date
:
05/05/2006
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
06/30/2007
Compare
Join Date: May 2006
Posts: 1,300
Blog Entries: 3
anilsal has a reputation beyond repute anilsal has a reputation beyond repute anilsal has a reputation beyond repute anilsal has a reputation beyond repute anilsal has a reputation beyond repute anilsal has a reputation beyond repute anilsal has a reputation beyond repute anilsal has a reputation beyond repute anilsal has a reputation beyond repute anilsal has a reputation beyond repute anilsal has a reputation beyond repute
Default Since he invoked AC21

existing employer becomes the sponsor of the GC? He has already changed employment during the GC process. Now if he changes employment, I wonder why it is going to be an issue, as long as the field remains constant.
Bookmark and Share Compare Reply With Quote


  #12 (permalink)  
Old 01-18-2010, 01:47 PM
Senior Member
Priority Date
:
Dec-07
Category
:
EB1B
I140 Mailed Date
:
11/30/2007
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
11/30/2007
Compare
Join Date: Dec 2006
Posts: 588
raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute
Default

Quote:
Originally Posted by kpchal2 View Post
so i invoked AC21 in early 2009 and moved from Company A to Company B. So who do i need to prove my intent of stay - for Company A or Company B.
Company B. USCIS granted your green card petition based on the assumption that you have the intention to work for company B.
Quote:
Originally Posted by kpchal2 View Post
Company A seems to be moot and Company B just continued my GC pursuit and never really applied for it. So it seems strange that they want me to prove it. but knowing that this exists any thoughts on how I can convey my intent of goodwill to stay with the company

these qualitative processes are very hard and can be argued either way with we having to lose all our life and USCIS just policing and having nothing to lose. what a way of life :-(
All laws are "subjective" since the human language is often imprecise and usually there are too many cases to enumerate. This is why lawyers can make a living --- they argue for one interpretation or the other. When there are terms that are open to interpretation and there is a lawsuit over the interpretation, then the court chooses one interpretation that the judge believes to be consistent with the intention of the law (but, basically, it is an arbitration). Depending on how the ruling is made, the decision can be binding (setting precedence --- most supreme court ruling set precedence that the lower courts must follow), i.e., from that time forward the parties must use the decided interpretation, or the ruling can be non-binding (applying to only the case at hand), and then there will again be a lawsuit next time.

Anyway, you can only do your best to keep record. Note that there is no guarantee on the other side as well --- i.e., USCIS may be free to question even if you left the company, say after 1 year. There is just no magic duration (other than the 30/60/90 rule). However I am yet to learn about a case where USCIS did not approve a citizenship application because the person left his/her company after receiving a bona fide green card.
__________________
I am not a lawyer. Use at your own risk any information given by me.

Last edited by raysaikat; 01-18-2010 at 01:54 PM.
Bookmark and Share Compare Reply With Quote


  #13 (permalink)  
Old 01-18-2010, 01:52 PM
Senior Member
Priority Date
:
Dec-07
Category
:
EB1B
I140 Mailed Date
:
11/30/2007
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
11/30/2007
Compare
Join Date: Dec 2006
Posts: 588
raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute
Default

Quote:
Originally Posted by anilsal View Post
existing employer becomes the sponsor of the GC? He has already changed employment during the GC process. Now if he changes employment, I wonder why it is going to be an issue, as long as the field remains constant.
AC21 is not applicable after receiving green card. The essential point is still the intention.

One might argue that AC21 makes the "specific" employer irrelevant and therefore by maintaining a similar position, the beneficiary is showing that s/he had the intention for working "in a same or similar position".

However, this would be an interpretation of the law; it is not what the B/W letter of the law states. And this theory is not tested, AFAIK.
__________________
I am not a lawyer. Use at your own risk any information given by me.
Bookmark and Share Compare Reply With Quote


  #14 (permalink)  
Old 01-18-2010, 01:58 PM
Senior Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
01/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/01/2007
Compare
Join Date: Aug 2008
Posts: 111
MYGC2008 has much to be proud of MYGC2008 has much to be proud of MYGC2008 has much to be proud of MYGC2008 has much to be proud of MYGC2008 has much to be proud of MYGC2008 has much to be proud of MYGC2008 has much to be proud of MYGC2008 has much to be proud of MYGC2008 has much to be proud of
Default No Issue

I think you you should not have any issues. Since you have already used AC21 to move to company B.

This is just my opinion.
Bookmark and Share Compare Reply With Quote


  #15 (permalink)  
Old 01-18-2010, 02:27 PM
Donor
Priority Date
:
May-04
Category
:
EB3
I140 Mailed Date
:
08/14/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/14/2007
Compare
Join Date: Jun 2007
Posts: 997
gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of
Default

OP,

The point is if you leave by yourself, USCIS can always say that you had no intention of working for them.

If they fire you/lay you off, USCIS cannot find fault with you. So you will be covering yourself well.

Please keep emotions and pride out of this situation. Think logically. During such situations we are likely to harbor negative thoughts. Who knows you may not get fired at all.

Whatever happens let it be because company initiated the action, not you.
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
Firing at Delhi Airport? mita Interesting Topics 22 05-11-2009 01:51 PM
I left my employer (A) who sponsored my GC and started working for different company krithi AC21 Portability after 180 days of 485 filing 6 03-04-2008 09:16 AM
Only 3 days left... loudobbs Receipt tracker of 485, EAD and AP applications 14 09-26-2007 02:18 PM
I-485 Case left assigned to an officer who left USCIS. remained unassigned long time bluez25 All other Green Card Issues 7 08-23-2007 04:48 PM
H-1B status due to firing ss1026 Non-Immigrant Visas 24 04-20-2007 02:15 PM



All times are GMT -4. The time now is 04:05 AM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org