Jan Interview - Layoff....

AAAK_2001

Registered Users (C)
A friend of mine has a January CP interview @ Mumbai...

Unfortunately he has just got laid off this week...

What happens next?

Please post any advice. He is anxious to find out what his options are...

Thanks in advance...
 
Consult a Legal Counsel immediately

I think the consulate will need the recent paystubs. So your friend wont have it for the entire January, which would put his application in jeopardy. Next comes the employment verification letter. I think it has to be current(dont know how recent). This also is now a problem for your friend.

However,as green card is for future employment, i am just thinking if a letter from the employer that they will employ him after your friend gets the GC would work?

Well ask your friend to go to a good immigration attorney to find alternatives. Good Luck !
 
I too would suggest consulting a good immigration attorney

Technically speaking, GC is for future employment, so if the company is not willing to employ him later (which I assume is the case since the person was laid off), the current petition would no longer be valid. You could still try, but it would be misrepresentation and therefore obviously risky. The only way out on this is if your friend can convince the company to atleast keep the job offer open, even if it is just for a day.

Employment letter is valid for 6 months although anything more than a month could raise eyebrows. Paystubs are subjective and are used for different purposes, to verify salary/ability to support, verify current employment, etc based on what the consulate feels is the need. Some consulates don\'t ask for it.

Another option would be to find another job and have the application transfered. I am not sure about what are the conditions for this, but at a minimum it has to be the same job description.

All the best
 
No Title

If he can get employment verification letter for future employment, that is, when he becomes PR he most likely be fine (or if he already has one).
Chennai likes to see paystubs as much as I remember.

If no employment now or in the future, unfortunately, he is ineligible. With good employment letter, good chance of getting GC anyway (but that will be fraud).

Another options, is to get (any) job back with sponsor. Make it look like its not a limited time position though.
 
It is horrible to hear this!

CrouchingTiger is right. He needs to consult an attorney right away!

It is true that GC is for a future job, however, his layoff just a few weeks before his interview is not giving much credibility to his future job! That is why he needs a skillful attorney.

Could not his company keep him for a few more weeks???

Good luck to him!
 
Thanks for your inputs....

Thanks Crouching Tiger, Rajesh Paul, Abu_lafya, Marta for your inputs... I shall forward your responses to him...

Thanks & Good Luck.
 
No Title

You cannot transfer application to other sponsor without reapplying for at least I140. AC21 applies only to AOS.
 
Employment Letter.... Comments please...

My friend has got a notorized letter from his employer. The text of the letter is:

"Date: (Recent)

US Consulate

Re: Name of applicant

To whom it may concern:

We are pleased to confirm that the above-named
individual is employed with us as indicated below:

Title: (Title of applicant)
Salary: $xx,xxx
Hours/week: 40
Start Date: (start date)

The position he holds is full time in nature.

Thanking you,

Sincerely,

Authorized signatory

NOTARIZED"

Please comment...

Thanks in advance...
 
Visa Fraud is serious

It is unfortunate that he has to go through this. The visa application when he is laid off is a fraud and even if he gets his GC he will be required to sign a doc at the embassey saying that he will inform the consulate if there is any chnage in his employment before leaving the home country. He might get stuck in his home country as all his visas will be cancelled.

Definately talk to a Good attorney who might find a way to tarnsfer his pettition etc.
I would strongly suggest not to travel and not to appear for the fraudulent interview.
He should also try to talk to his employer about the situation and suggest that he is ready to go on without pay leave but would like to be employed for another month. He can even arrange some financial deal like he will not take his severance package etc etc if employer is ready to keep him on paper
 
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