Does 180 day rule count severance period after lay-off?

W

wowo wo

Registered Users (C)
Normally, after being informed lay-off, you will get a severance package,
say 2 months of salary. Will the 180 day count this 2 months?

Thanks.
 
No Title

Some companies keep you on there payroll for one month. I was one of them, and this happened about 2 years ago. The company I was working was not kind of hanky-panky comapany like consultants, it was real big company, National semiconductor. due to this only I could keep my status.
 
No Title

Guys,

The law does not says that you are supposed to be employed by the company for 180 days. The law says that 180 days after you applied your application is not dependent on your initial I140.

So if you keep your I140 for 180 days and INS is not issuing an RFE you are safe. Basically the INS is \'punished\' for not having taken action and you get some benefits because of that.

Just my opinion, I am not a lawyer nor can I read the INS\'s mind.
 
No Title

As far as you are on payroll, you are an employee of the given company as far as INS is concerned. What this means is that the severance time should be included in the 180 days.

This is just my interpretation though.

Mishonio
 
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