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New AC21 Memo / >180 days Layoff or Resign- Does it matter?
- Thread starter PKSVS
- Start date
krishna raj k
Registered Users (C)
jaxen :
How does anybody know if it is a layoff or a resignation. In both cases, the paystubs stop on a certain date !
How does anybody know if it is a layoff or a resignation. In both cases, the paystubs stop on a certain date !
waytoolong
Registered Users (C)
If the Employer layoff the employee < 180 days of filing I-485 than the 'intent' of employer to process the GC is Questionable.
After 180 days , the 'intent' of employer should not matter.
I think this is one of those few issues whose typical answer trickles down from the old rules before AC21 was introduced.
After the AC21 rule has been introduced, does anyone or know any other friends getting an RFE or clarifications on a Resignation ? Any cases denied by BCIS if someone resigned after 180 days ??
Forum Users / Experts- Please give your feedback. We need to resolve this issue to know if there is a heavy weight to the merits of taking a layoff. I am sure there are a lot of Consultants like me who gets this option of either getting a lay-off or resign and would like to 'Resign' for better prospects even otherwise .And certainly we don't want to fill the column of a previous layoff details in the 'Employment Form' of the next job.
After 180 days , the 'intent' of employer should not matter.
I think this is one of those few issues whose typical answer trickles down from the old rules before AC21 was introduced.
After the AC21 rule has been introduced, does anyone or know any other friends getting an RFE or clarifications on a Resignation ? Any cases denied by BCIS if someone resigned after 180 days ??
Forum Users / Experts- Please give your feedback. We need to resolve this issue to know if there is a heavy weight to the merits of taking a layoff. I am sure there are a lot of Consultants like me who gets this option of either getting a lay-off or resign and would like to 'Resign' for better prospects even otherwise .And certainly we don't want to fill the column of a previous layoff details in the 'Employment Form' of the next job.
waytoolong
Registered Users (C)
The "intent" has to exist during filing and approval of the I-140 - the memo clearly says so. This creates room to accomodate current fluidity of economic and employment conditions.
IMHO - INS does not use layoff/resignation to measure intent. Intent is measured by whether the employer revoked the I-140 or not. That is precisely what the memo addresses. If the applicant had already worked for the employer, then the applicant's intention is clear and the application is obviously non-fraudulent. I don't think INS will split hairs in these cases - they will obviously be appealed.
it is very difficult to prove intent in this case : If the petition was being made by a future employer while the applicant was working for another company, then the applicant invokes AC21. Lord knows what INS is going to do in this case.
IMHO - INS does not use layoff/resignation to measure intent. Intent is measured by whether the employer revoked the I-140 or not. That is precisely what the memo addresses. If the applicant had already worked for the employer, then the applicant's intention is clear and the application is obviously non-fraudulent. I don't think INS will split hairs in these cases - they will obviously be appealed.
it is very difficult to prove intent in this case : If the petition was being made by a future employer while the applicant was working for another company, then the applicant invokes AC21. Lord knows what INS is going to do in this case.