Change of Job - Employer refuse to give Termination letter

S

sara_noname

Registered Users (C)
Hi All
My project with the current client just ended, and while I was looking for next assignment I got couple of full time offer but my company (consulting Inc) couldn't find any assignment for me. I asked them to provide a termination letter so that I could use it for Citizenship time if needed but they are saying that they can't give any such letter. What should I do? Can I just accept the full time position not worrying about termination letter.

Note : I am taking this fulltime position exactly 6 months after GC, and I have worked for the GC sponsoring employer total of 5 years, and 3.5 years after 485 filing.

I really appreciate your comments on this.

-Sara
 
If they terminated you (did they? Or did you leave first?) they may be required by state law to give you a termination letter. If they are required to give the letter, don't ask for it "so you can use it at citizenship time", just ask for the letter stating that they terminated you (with the reason, if the reason is also required by the laws of your state).

But until and unless there is a court ruling or law passed to the contrary, having done the "obligatory" 6 months you should now be OK with or without the letter as far as citizenship is concerned.
 
Thanks for your comments.

Jackolantern, They havent terminated me but they dont pay if I am out of project. Last couple of projects ( last 5 years ) I found the assignments on my own. This time I couldnt find any contract jobs yet and if I wait to find a contract position to stick to my consulting company, I may loose few weeks pay and also the fulltime jobs are better than or closer to contract jobs I may get.

Appreciate your feedback!

Thanks
Sara
 
If they're just temporarily having you go without pay until the next project, that's not a termination (unless the no-pay period lasts unreasonably long).

But then that raises the question of what was happening before the green card. They're not allowed to have you unpaid while on the bench in H1B status. If that is the status you had prior to the green card, they'll owe you back wages for the blocks of time when they weren't paying you. But you'll probably have to go to court to get it.
 
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