AC-21 : Layoff or Resignation -which is better

P

PKSVS

Registered Users (C)
I work for Company A on H1 (original sponsoror) and have an approved I-140 and EAD/AP. Company A is not doign well and I have an offer from Company B . Company A would still like me to work for them on part-time even after i join company A.

1. Should I officially resign or take the layoff letter from Company A and then rejoin them again on EAD as part time after joining Company B on a fulltime position thru the EAD .
Is a resignation letter better or a layoff letter?

It is quite possible that Company A would like me to join them back fulltime after I-485 approval(this will be a back-up),if not I will have Company B Offer at the time of I-485 abjudication.

In case of a RFE in future, I want to ensure that I have all Documents from Company A .

Any Suggestions are highly appreciated.

Thank you all.
 
Layoff is better. If possible put clause ‘temporary layoff’. If you resign it is your fault. If company lays you off it is their fault. It is just a thought.
 
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