Lay-Off Vs Resignation after 1yr of Green Card

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seetaramrao

Registered Users (C)
Hi Friends,

Thanks for eveybody who have been contributing to this forum. I have a one doubt, can you please help me in this?

My I-140 & I-1485 was filed in June 2006 under EB1 and I have got my GC in Oct 2007. It is more than year since I got my GC and I have been working for this major MNC consulting firm for last 8 years (4 years in India and 4 Years in US). Now my current assignment is over last week and they are trying to find some assigment. If they cann't find in next 3 weeks they will simply Lay-Off me. My questions is

1. Is it better to get Lay-off OR Resign for the Job proactivley, from immigration stand? I.e. If they lay-off me, can they request USCIS to revoke GC as they cann't emplye me any longer?
 
seetaramrao said:
My I-140 & I-1485 was filed in June 2006 under EB1
1. Is it better to get Lay-off OR Resign for the Job proactivley, from immigration stand? I.e. If they lay-off me, can they request USCIS to revoke GC as they cann't emplye me any longer?
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The answer given in the previous is correct..

Though, EB1 is not tied to employment. It is self petition as extra-ordinary ability person. And you're free to do whatever you want to.

Are you sure you're EB1?
 
m_img said:
Though, EB1 is not tied to employment. It is self petition as extra-ordinary ability person. And you're free to do whatever you want to.
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Not necessarily true - there are three categories of EB1 - extraordinary ability; outstanding researcher and; multinational executive or manager.

I got my greencard based on the last category, and it most certainly is tied to specific employment. Indeed, it is harder for someone in this category to justify a job change using AC21 before approval than it is in other categories.
 
Well, it's certainly better to get laid off than leaving by youself, because you can get a package.
And worry free for you for "leaving the sponsor too early"(People are too paranoid for this , IMO).

Win win situation for you, but your employer may not like it as they may have to pay a package if they are in some states.
 
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I obtained GC under EB1 - multinational executive or manager. Thanks friends. After reading your answers, now I feel comfortable with lay-off (rather than resiging) as I will get severance package of 8 weeks salary from employer (they will pay 1 week salary for each year I spent with them). But please suggest if you foresee any issues with lay-off, purely from immigration point of view..
 
seetaramrao said:
I obtained GC under EB1 - multinational executive or manager. Thanks friends. After reading your answers, now I feel comfortable with lay-off (rather than resiging) as I will get severance package of 8 weeks salary from employer (they will pay 1 week salary for each year I spent with them). But please suggest if you foresee any issues with lay-off, purely from immigration point of view..
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After obtaining GC by one day, you are free to work where ever you like or even do not work at all with no control of sponsoring employer, spouse, lottery or any other route you got your GC from.
 
mmed said:
After obtaining GC by one day, you are free to work where ever you like or even do not work at all with no control of sponsoring employer, spouse, lottery or any other route you got your GC from.
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Yes you are free to do that, but USCIS is also free to reject your citizenship or revoke your green card for doing so.
 
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