Got GC, Lost Job...any impact

K

khsuzs

New Member
Hi
I got my I-485 approved in July and got the card in mid September. My project completed on sep 30th and my employer is not willing to pay any salary on bench. They are not making any good faith effort in searching for a job either. They told me they can no longer pay any salary and the health insurance is also terminated.

I asked them to give me a termination or lay off letter but they refuse to do that also. So, I registered and company and started looking for a job and just found one.

My question to you experts is

Will I be in any trouble since GC is for future employment and I do not have any proof of my company terminating my employment?

I heard if you leave a job withing 6 months from GC approval you can get into problem in future but if the company lay off or terminate the employment than you are ok.

What do you think? Please help. Shall I tell my employer to either pay the salary for the 6 weeks (oct 1st to nov 15) or give termination letter. What are my options.

Thanks
 
You have absolutely nothing to worrry with respect to your GC. But you do need to either look for another job or get your employer to pay up for bench time. Seek the advise of a competent attorney in this regard.
 
I do not think it will be a problem but when you send him a letter mention that since he is not paying the salary you do not have the choice other then resigning. If you have documents or E-mails keep them. Mention also he is not ready to layoff you in the resignation letter. Keep the proof for every thing.
 
Originally posted by khsuzs
Hi
I got my I-485 approved in July and got the card in mid September. My project completed on sep 30th and my employer is not willing to pay any salary on bench. They are not making any good faith effort in searching for a job either. They told me they can no longer pay any salary and the health insurance is also terminated.

I asked them to give me a termination or lay off letter but they refuse to do that also. So, I registered and company and started looking for a job and just found one.

My question to you experts is

Will I be in any trouble since GC is for future employment and I do not have any proof of my company terminating my employment?

I heard if you leave a job withing 6 months from GC approval you can get into problem in future but if the company lay off or terminate the employment than you are ok.

What do you think? Please help. Shall I tell my employer to either pay the salary for the 6 weeks (oct 1st to nov 15) or give termination letter. What are my options.

Thanks
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I think not paying salary is as good as laying off.
 
you are supposed to get a layoff package

AFAIK not paying salary is against law. If they can not pay you salary, they should lay you off and give you a layoff package.
I guess you can sue them them for layoff package, but the problem is that you already resigned, so your chanced are not very good.
You can try to threaten them to sue or complain to DOL, maybe they will give your package.
 
Keep your correspondence with this company. You can always explain to the BCIS at the time of your citizenship that the company forced the circumstances.

khsuzs - can you give us a hint of the name of this company? A lot of folks on this site have company problems and are getting a raw deal. We can expose the bad ones 'anytime' (with our experiences), so that others are aware before taking up jobs with them.
 
I have not resigned

The thing is that I have not resigned. The company said they cannot pay me due to tough times at the company. They did not even give me two weeks of pay as I would have given them two weeks notice if I had decided to resign.

I will definitely disclose their name very soon once I know things have advanced a little in either direction in the next few weeks. But what I can tell you is that the company is out of Northeast area.

khsuzs
 
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