question pls

S

sam99

Registered Users (C)
Recently I received a termination letter from my company but this is just a formality for them to save from all legal aspects. Im still under their payroll but receiving pay check only when the clients pay them (once in 2 months). I am sick and tired of this company.

I am awaiting for my approval and expected very soon (RD 11/3/01) but not sure whether to change my job or not. ( my client is offering me a perm job).

Appreciate your comment on this.

Here is my details:
RD 11/3/01
ND 12/6/01
EB3/IND/MD
 
termination letter sounds scary!

My two cents only:

I would take the official fulltime job with your client and use the 180 day rule, but make sure that you fulfill the requirements (salary, job description, title). The termination letter and the way you get paid now would definitely not help your I-485 approval if the INS sends an RFE.

You have to act quick though to start the new job, because your approval could come any day now and it would not look good if you get your approval on Nov 1st and start the new job on Nov 1st as well.

Definitely, consult with a (good) lawyer immediately.
 
In my opinion

what are you waiting for ?
You will be in deep trouble if INS raises a RFE for paystubs.
If your client offers you permanent, go for it.
The way INS is processing cases, it will take at least another 2-3 months for you to be approved, unless you are among a lucky few who INS processes to show the world that they are progressing forward!!
Good Luck !!
 
sam99

I dont understand, if the company has given you a termination letter, how can they be giving you pay stubs. (even if only once in 2 months).

Secondly Hold on to the Termination letter, as 180 days have passed since filing for I 485, and a descision has not been made, then yes you can take advantage of the AC 21, and change Employers as long the Title, duties and pay are similar, but like dma_va mentioned on another thread, that law still is a little Fuzzy.

So yes inspite of the Law being in favour of you, but you should Consult a very Good Immigration Lawyer, befroe making a Descision.

Sorry Cant help much, Coz I am not really Educated about the AC 21 Rule. Consulting A Good Lawyer would be My best Advise to you.
 
Re: sam99

Originally posted by july16
I dont understand, if the company has given you a termination letter, how can they be giving you pay stubs. (even if only once in 2 months).

Secondly Hold on to the Termination letter, as 180 days have passed since filing for I 485, and a descision has not been made, then yes you can take advantage of the AC 21, and change Employers as long the Title, duties and pay are similar, but like dma_va mentioned on another thread, that law still is a little Fuzzy.

So yes inspite of the Law being in favour of you, but you should Consult a very Good Immigration Lawyer, befroe making a Descision.

Sorry Cant help much, Coz I am not really Educated about the AC 21 Rule. Consulting A Good Lawyer would be My best Advise to you.
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Thanks July16 and others.

Yeah, today evening I have a appointment with Sheela Murhty to discuss my issue (paid consulting). Will keep posted abt my decision. Thanks again.
 
Sam99:

If you are recieving pay stubs, you could not have been terminated. It's quite confusing the way your employer is dealing with you. Out of curiosity, are you from Allied info? (from your earlier postings you appear to be more concerned about this co.).
 
Waiting4GeeCee

Originally posted by Waiting4GeeCee
Sam99,

If you don't mind could you please let me know how much Sheela Murthy is charging for this discussion???

Thanks,
Click to expand...


Law office of Sheela Murthy charges $150 for 20 min consultations. If Murthy herself consults then it is $50 more.
 
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