Bad situation - want to quit

[ziv711]

I am posting for a friend:

Case details: I-485 pending since May 06. I-140 approved November 06, EB2 world, (i.e. no retrogression), stuck in name check, just renewed EAD and AP.

His work situation is really bad, the boss constantly talks down to him, threatens to fire him and to report to immigration that he's no linger an employee. (He has done this before). He's also threatening to cut down his pay by 30%, unless my friend starts coming in on the weekends. My friend is aware of AC 21, and is looking, but his field is very specialized, and there is not too much out there. Question is, can he resign, and leave with some dignity. He has sufficient savings to support himself for a year. He wants to spend some time traveling, and keep looking for work without having to suffer daily humiliations. Obviously, once he finds work there is no problem, but if he quits, can he still travel around? He was concerned that if he quits he would become illegal, I told him that's not the case. What happens if his employer notifies USCIS that he's not there anymore (and it is pretty obvious that he will...)?

Also, if he wants to re-enter the US on his AP, what does he say if they ask him who is his GC sponsor?

Any input would be greatly appreciated. Thanks

 

[techbuyer77]

as far as i know he wont be illegal if he quits, but better quit when find new job, becuase if his job is hard to find, is better to be sure that he has equal offer.
If he gets approved he must have a job offer with equal job, he cannot be looking for job when approved

 

[TheRealCanadian]

He was concerned that if he quits he would become illegal, I told him that's not the case. What happens if his employer notifies USCIS that he's not there anymore (and it is pretty obvious that he will...)?

You are correct that he would not be out of status if he quits, but if the employer withdraws the I-140 then USCIS will issue a Notice of Intent to Deny, and he will have 30 days to provide evidence of a new job offer or have the I-485 denied.

His best bet is to find a similar job ASAP.

 

[ziv711]

You are correct that he would not be out of status if he quits, but if the employer withdraws the I-140 then USCIS will issue a Notice of Intent to Deny, and he will have 30 days to provide evidence of a new job offer or have the I-485 denied.

His best bet is to find a similar job ASAP.

Thanks for your responses. If my friend is not fired, he will probably quit very soon. His situation is just so unbearable, he said if he doesn't find another job, he doesn't mind going back to his home country, even after 7 years of waiting for GC, and at this late stage of the process. Yes it is that bad.

A couple of Follow-up questions: Say my friend quits, then what's the time frame until he gets the NOID? Are they waiting until the name check is over before they pick up his file?, or will they pick up the file as soon as they get the letter from the employer that the job is terminated? In other words, how much time will he have before he gets the NOID?

Say he gets NOID, can he still travel on his AP while it's pending? I think as long as the 485 is pending and not outright denied, he may still travel and enter the country on his AP. In that case what should he say if he's asked who is sponsor is?

Also, if there is a denial of i485, how long does he have before he has to leave the country? i.e. is there a grace period?

Again, any input would be greatly appreciated. Thanks.

 

[TheRealCanadian]

Say my friend quits, then what's the time frame until he gets the NOID? Are they waiting until the name check is over before they pick up his file?, or will they pick up the file as soon as they get the letter from the employer that the job is terminated? In other words, how much time will he have before he gets the NOID?

The time frame is unpredictable. But I would assume the worst-case scenario; employer informs USCIS right away, and then issue the NOID right away. So a week or two.

Say he gets NOID, can he still travel on his AP while it's pending?

Sure, but since an NOID requires a response within 30 days, I wouldn't travel until it's been received and responded to.

In that case what should he say if he's asked who is sponsor is?

His sponsor is his sponsoring employer; he's just not working for them. CBP cannot deny him entry on that basis, nor can they do anything to the I-485.

Also, if there is a denial of i485, how long does he have before he has to leave the country? i.e. is there a grace period?

He needs to leave immediately. Really, I would start searching for a same or similar job.

 

[meg_z]

Thanks for your responses. If my friend is not fired, he will probably quit very soon. His situation is just so unbearable, he said if he doesn't find another job, he doesn't mind going back to his home country, even after 7 years of waiting for GC, and at this late stage of the process. Yes it is that bad.

A couple of Follow-up questions: Say my friend quits, then what's the time frame until he gets the NOID? Are they waiting until the name check is over before they pick up his file?, or will they pick up the file as soon as they get the letter from the employer that the job is terminated? In other words, how much time will he have before he gets the NOID?

Say he gets NOID, can he still travel on his AP while it's pending? I think as long as the 485 is pending and not outright denied, he may still travel and enter the country on his AP. In that case what should he say if he's asked who is sponsor is?

Also, if there is a denial of i485, how long does he have before he has to leave the country? i.e. is there a grace period?

Again, any input would be greatly appreciated. Thanks.

If your friend is determined to leave for homecountry after many years of waiting, why doesn't he make some noise before quiting.

Is there an HR dept in the company? Report this harassment to HR. Talk to a labor law attorney. Report this abusive employer to DOL and USCIS. He need to show documents or proof etc.

 

[techbuyer77]

I wouldn't quit. I would stay and fight until the end, no matter what.
7 years is a long time to loose it because a mean employer. Tell him to get new job and move on with his life.

 

[ziv711]

Sure, but since an NOID requires a response within 30 days, I wouldn't travel until it's been received and responded to.

.

What about short term travel, say for a couple of weeks immediately post resignation? He would be back in the country surely before the 30 day NOID deadline.

 

[TheRealCanadian]

What about short term travel, say for a couple of weeks immediately post resignation? He would be back in the country surely before the 30 day NOID deadline.

It's up to his tolerance for risk, but I certainly wouldn't do it. Besides, why is he going on vacation instead of finding a new job? Getting back before the 30 days are up means nothing if he doesn't have a new job offer.