Resign or get a Lay off

[tinoo]

"Is there a difference between getting laid off or resigning from an
employee and legal standpoint after 180 days of I-485 filling ? I have
a EAD now and FP is also done with I-485 receipt date in last week of
Sept\'01".

 

[Desi__485]

There is no difference as long as ...

you are using AC21 with new job in same or similar occupation.

* Disclaimer - Use at your own risk. I am NOT a lawyer *

 

[tinoo]

Thanks Desi__485

 

[Baba Yaga]

There is one difference.

If you get laid off you are preserving INTENT as opposed to resigning.

 

[rbanda]

Hi Desi__485, what is AC21?? I am in the same situation. Do I have AC21??

I am leaving my present employer on my own. Is that bad?? I will appreciate your reply.
Thanks!
Ravi.

 

[sklm_2002]

No Title

make sure that you got the releiving letter from your employer.

 

[rbanda]

Hi sklm_2002, any format the relieving letter should be in?

Please reply!

 

[rbanda]

Hi sklm_2002, Please Reply!! I appreciate your reply.

 

 

[bajis]

Get laid off!

Yes if you get laid off, apart from preserving the "intent", you will also get (hopefully) some severence pay.

 

[rbanda]

How do you specifically get "LAID OFF". Do you get the Relieving letter and that will tell

How can you distinguish laid off from quitting?? Do you get a relieving letter from the employer and that distinguishes from quitting the company??
How does it work??

 

[Desi__485]

As AC21 regulations are not out yet ...

there is a small risk if one gets laid off within 180 days of I-485 RD. In laid off case as well as in resign case, one needs to get new job in same or similar occupation in order to maintain 485 active.

Termination letter is a proof for laid off.

 * Disclaimer: Use it at your own risk. I am NOT a lawyer. *

 

[rbanda]

Any format that the termination letter should be in??

Hi Desi__485, any specific format that the termination or relieving letter should be in?
Thanks!
I really appreciate it.

 

[Desi__485]

Termination Letter

Termination letter should have following things:
1. Date of Issue
2. Your Name, Job Title, Duties
3. Duration of Employment (also include Full Time/Part Time), Location of work performed
4. If Part Time job, indicate number of hours per week worked
5. Job is terminated by Company
6. Optional: Couple of lines about how good job is performed by the employee
7. Name, Signature and Title of the author of the letter

* Disclaimer: Use it at your own risk. I am NOT a lawyer. *