Need help for AC21 Case.

N

Nams

Registered Users (C)
Hello Everyone,

Your help wold be really appreciated regarding this matter.

My husband's company who sponsered him for the greencard, was used to place him on differenf project. Now he doesn't have any project and the company is giving him two options:
1. They terminate him and pay him two weeks salary as notice period. They will inform INS that they laid him off.
2. He give them the resignation letter, he wont get two weeks salary and they wont inform INS about his resignation.

He has his I140 approved in Dec'03, and we have filed I485 in Jan'03.

My question is, is his company playing around for saving the 2 weeks salary, Does it really matter if they do inform the INS about layoff???
May it will take him some time to find the new job.
Thanks,
Hardika.:confused:
 
Hardika

Sorry to hear about the situation you are in. These blood suckers, they just care about money and nothing else.

Yes, if they want they can inform INS about your situation but whether they are going to do it or not is a different matter because they might be put in a watch list by INS who sponsors GC and then backs out. Which might or might not affect their future applications.

If you and your husband are like me who get tensed very easily, then try to strike a deal with this company and do not even give resignation just may be go on a unpaid vacation for training or something and then find a job, once you get another job then let these people know.

Make sure that the new job is same/similar. Do not inform INS about the new employer until they ask for employment status.

This is what I am going to do if I am in your shoes, please consult with your lawyer and friends before making any move.

GOOD LUCK
 
1. Informing BCIS about termination should not have any impact on GC.
2. But if they revoke or attempt to revoke - that is different issue.
If they attempt to revoke then BCIS issues RFE. At that time you need a suitable similar job. You normally have about 90 days to respond to RFE. Meaning you have 90 days to find job.

3. If you can respond to RFE with job- the revocation attempt fails - as 140 approved and 485 pending more than 180 days.

HTH
 
Originally posted by Hardika
Hello Everyone,

Your help wold be really appreciated regarding this matter.

My husband's company who sponsered him for the greencard, was used to place him on differenf project. Now he doesn't have any project and the company is giving him two options:
1. They terminate him and pay him two weeks salary as notice period. They will inform INS that they laid him off.
2. He give them the resignation letter, he wont get two weeks salary and they wont inform INS about his resignation.

He has his I140 approved in Dec'03, and we have filed I485 in Jan'03.

My question is, is his company playing around for saving the 2 weeks salary, Does it really matter if they do inform the INS about layoff???
May it will take him some time to find the new job.
Thanks,
Hardika.:confused:
Click to expand...

Sorry to Hear that.

I will reccomond the first option , Termination. If he resign the job then he may go into trouble at later stage . If company terminate him ask them to provide termination letter with reason .Once he join in next position , he can defend with INS that it is his resignation.

If company terminate I guess INS can approve the GC.But resignation is nothing but candidate breaching the sponsored company. Termination may put the Sponsered company in trouble, because they agreedwith INS that they need his services in feature and they wasted their resources.

So opt for termination and request for letter.

Good luck
 
Find a new job and go for terminations and then FILE AC21 letter with INS ASAP for chage of job. Since you are 180 days over your 485 you should be ok even if employer revokes your 140 only you have to have new job with similar duties lined up ASAP.
 
Originally posted by Hardika
Hello Everyone,

Your help wold be really appreciated regarding this matter.

My husband's company who sponsered him for the greencard, was used to place him on differenf project. Now he doesn't have any project and the company is giving him two options:
1. They terminate him and pay him two weeks salary as notice period. They will inform INS that they laid him off.
2. He give them the resignation letter, he wont get two weeks salary and they wont inform INS about his resignation.

He has his I140 approved in Dec'03, and we have filed I485 in Jan'03.

My question is, is his company playing around for saving the 2 weeks salary, Does it really matter if they do inform the INS about layoff???
May it will take him some time to find the new job.
Thanks,
Hardika.:confused:
Click to expand...


If I were you, I will take 2 weeks salary and let his company inform INS abt laying off, that will not make any difference as ur husband has crossed over 180 days. His employer cannot revoke I-140 at any cost. I assume this is a desi company and all such consulting companies try to scare consultants and they very much fall on their words. I know it is better said than done, but this is fact and this is how all desi companies survive if they cannot milk any money from their consultants.

I personally feel not to inform abt new job change and if he gets RFE then you can provide latest job information and most of them succeeds.

Good luck on job hunting.
 
Bottom line is having a job in about 90-100 days if the company attempts to revoke 140. So you need to figure out- what is the possiblity of finding suitable job in the time frame and weigh it out against 2 weeks take home salary.
HTH
 
Yes, all suggestions provided by fellow members are valid. Best would be to ask company to pay 2-weeks salary and terminate and inform USCIS (if they wish, this will not impact GC). Start looking for a new job ASAP. By the time your case comes up for review in about 6+ months, hopefully your husband would have found another job. Best of Luck. I'm sure things will work out.
 
correct me if i am wrong

I assume 485 &140 filled concurrently - 01/03
140 approved - 12/03
IF this is the case employer can revoke your 140 with in 180 days of approval.
If your 140 is >180 days old no problem.

My Best suggestion, cooperate with F**k employer and stay smiling with him till you get new job and filing AC21, then F**K him and his family in person...
 
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