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Life After The Green Card How soon can you leave your employer. All other issues after the green card.

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Old 19th November 2003, 11:29 AM
Nov01 Nov01 is offline
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Join Date: May 2003
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Question Please Help

Dear Friends,

Please read my situation and help me in finding the answers.

I was employed with a consulting company for about 5 years now with their local branch in the city where I reside. When I joined there was no contractual obligations that I must be willing to travel or relocate to other places.

I got my green card in May 03 and got the plastic recently. I was the primary applicant. The company did the paper work. I paid for it.

My last project with them ended in Feb 03. (before I got the 485 approval but way after I got the work permit). I was put on unpaid leave since then and the company could not find a project. As I was pregnant and very tired did not want to venture out on my own.

Now soon after my 6 weeks short-term disabaility (for the baby's birth) and another 6 weeks of FMLA the company said they cannot keep me as full time employee any longer since they don't have any projects locally. If I want to continue I should move to another city. So their decision was to terminate my employment. They concluded that they can't pay any bench pay since they no longer do paid marketing (Gave lot of excuses to keep that money). Anyway after few days, they said they do not issue any letter of termination. Looks like they are trying to avoid some issues.

From my side, I was willing to join back. So I am not going to resign. So as an employer,

1. They should either pay the salary and try to market me locally
2. Or if they do not want to do that, they must issue a letter of termination.

Also about filing for unemployment, looks like I don't need proof of layoff or termination letter. However I want a proof that the employment was ended by the employer.

Now what should I do ? There is no proof that the employment was ended by the employer. Should I just fight for a letter of termination ?
From what I read from this site taking unemployment is not going to affect my citizenship application. Can someone confirm that ?

Thanks a lot for your help.
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RD: 11/09/2001
ND: 12/06/2001
FP: 06/14/2002
AD: 05/12/2003
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  #2  
Old 19th November 2003, 01:10 PM
Nov01 Nov01 is offline
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Join Date: May 2003
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****,

Thank you for a prompt reply.

When I told them I have not received anything they have issued a letter like this.

"Per your request, here is the information regarding your employment with ...company name. Your employment commenced with us on date and ended on date..."

It does not say how it ended or why it ended etc. Do I still have the option of taking some legal steps or is this it ? Are they done with their obligation ?

Thanks,
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RD: 11/09/2001
ND: 12/06/2001
FP: 06/14/2002
AD: 05/12/2003
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