If I have GC, and I get fired or laid off before 6 months...

[JetJungle]

What happens if I have a I-551 stamp and my employer fires me before 6 months passes. Is this the same as if I resigned from him and thus create a potential suspicion of immigration fraud?

What would the situation be if I got laid off before 6 months?

 

[TheRealCanadian]

What happens if I have a I-551 stamp and my employer fires me before 6 months passes. Is this the same as if I resigned from him and thus create a potential suspicion of immigration fraud?

No. You didn't leave. The employer changed their mind. I know a guy who went for CP in Mumbai back in 2001, and got laid off 2 weeks after he got back. Lucky, lucky lucky.

We actually had the same PD; we filed our LCs on the same date but I ended up switching jobs, starting over and getting my GC 3 years later than him.

 

[curiousGeorge]

My friend got layed off the next day after getting the stamp. Some people are REALLY lucky.

 

[qwertyisback]

Its just myth

What happens if I have a I-551 stamp and my employer fires me before 6 months passes. Is this the same as if I resigned from him and thus create a potential suspicion of immigration fraud?

What would the situation be if I got laid off before 6 months?

Don't assume you are out of woods only because you are laid off. Its common myth on this forum (without evidence) that "leaving employer after GC" is not good but "getting Laid off ", NO problems. As per GC rules, intention has to be on both sides employee and employer. If CIS pursues GC holders who left soon after GC(which they haven't), they can very well chase laid off cases as well.
But for laid off, there is nothing you can do about it. So just chill out. No gain in worrying about things out of your control.

 

[kashish]

Are you suggesting that under the law, an employee could be punished for employer's change of intent? Or that USCIS would go after the employer to prove that their intent was fraudulent in the first place? At least from my perspective, I strongly doubt the merit of either of the arguments.

Kashish

Don't assume you are out of woods only because you are laid off. Its common myth on this forum (without evidence) that "leaving employer after GC" is not good but "getting Laid off ", NO problems. As per GC rules, intention has to be on both sides employee and employer. If CIS pursues GC holders who left soon after GC(which they haven't), they can very well chase laid off cases as well.
But for laid off, there is nothing you can do about it. So just chill out. No gain in worrying about things out of your control.

 

[TheRealCanadian]

Are you suggesting that under the law, an employee could be punished for employer's change of intent? Or that USCIS would go after the employer to prove that their intent was fraudulent in the first place? At least from my perspective, I strongly doubt the merit of either of the arguments.

If the employer's intent was clearly fraudulent, then yes, USCIS can and will go after them. However, if an employer engages in a layoff of numerous employees based on a change in business, then there's no problem. Stuff happens.

Depends a lot on the employer. If it's a large firm or one that doesn't sponsor the vast majority of its workers, then they typically don't bother.

 

[kashish]

For argument sake, let's say that USCIS may go after an employer depending upon individual circumstances, can an employee still be punished for the fraud? Won't it be difficult for USCIS prove the employee' knowledge of the fraudulent intent? Will the law penalize the employee especially if his/her intent is not under question?

Kashish

If the employer's intent was clearly fraudulent, then yes, USCIS can and will go after them. However, if an employer engages in a layoff of numerous employees based on a change in business, then there's no problem. Stuff happens.

Depends a lot on the employer. If it's a large firm or one that doesn't sponsor the vast majority of its workers, then they typically don't bother.

 

[qwertyisback]

Are you suggesting that under the law, an employee could be punished for employer's change of intent? Or that USCIS would go after the employer to prove that their intent was fraudulent in the first place? At least from my perspective, I strongly doubt the merit of either of the arguments.

Kashish

For argument sake, GC is awarded based on intent on behalf of employee and employer. If any one of them don't shows "intent", its problem. But reality is there is no known case if CIS bothers about anybody's intent after GC.