Revoke/Rescind a GC

J

JMJ

Registered Users (C)
Hello Friends,

Here is a situation one of my friend is in with his desi employer : He has been working and getting paychecks from his employer from 2003 up until Dec 2007. He got his GC in June of 2007(mass GC approval time). In Feb 2008the relationship with his employer did not go well b'cos they couldn't find him a client. He stopped working for them and b'cos of that they got mad. Also he did not get any official termination letter or any insurance termination letter or cobra coverage info from them up until now. Please Keep in mind he was working and getting paychecks from his desi employer for 6 months after his GC ans he has been with them for 5 years. My questions for you guys is:

* Can his employer revoke/rescind his GC. Is he safe at this point ?

* How can he find out they have asked USCIS to revoke/rescind his GC or in other words how can he find out his GC is in status ?

* If in fact, they try to revoke/rescind his GC, how can he fight it and be successful ? Any such experiences and What were the results ?

He is very scared and paranoid abt this and he is very worried abt losing his GC.

Jackolantern, ginnu, TheRealCanadian, TripleCitizen and all others - Please chime in with yr views.... Your help is very much appreciated.

Thanks,
JMJ
 
JMJ said:
* Can his employer revoke/rescind his GC. Is he safe at this point ?
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As safe as somebody who looks both ways before crossing the road.

* How can he find out they have asked USCIS to revoke/rescind his GC or in other words how can he find out his GC is in status ?
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Most likely USCIS will ignore any employer request to revoke the GC, given his circumstances. If they decide to follow the request, they will notify him of the intention to revoke it, and if they get serious there will be a deportation hearing. It won't be silently revoked.

He is very scared and paranoid abt this and he is very worried abt losing his GC.
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He should stop worrying. The card is his to keep, and it's time to move on with his life.
 
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Too bad he didn't follow up about COBRA. He resigned, so the company doesn't have to give him a termination letter. He should have talked directly to the insurance company about coverage. Now it's too late, as there is a limit like 45 days post-termination within which you have to sign up for COBRA.
 
Thanks Guys!!

Thanks "Jackolantern" and "TheRealCanadian" for yr inputs. Showing him yr responses will hopefully convince him not to worry too much and that his GC is fine.

Jack - Actually his employer couldn't find a client for him they had his health insurance goin ie., paying for his health insurance. After 3 months without pay, he got an offer in Columbus,OH where he was living and a month or so after that they came up and said "if you can relocate we can find something for you". But by the time he is in his new job and so he requested them to find him a client where he lives. They don't want to do that, so they got pissed off and they did something that I haven't heared before ie., they cancelled his and his family's health insurance retroactively back from Jan 2008 sometime in April. Some of his helath care providers are now harrassing him for money and some who are already paid are being asked for a refund from the insurance companies and the hospitals/doctors in turn ask him for the money. What a vengeful monster. Goin thru this mess he is really scared(I wouldn't blame him) that having stooped so low, they might even resort to
rescinding his GC. Poor guy!!

JMJ
 
They retroactively canceled his insurance? I'm quite sure that is illegal. He should contact his state's department of labor and commissioner of insurance.
 
COBRA is employer obligation to disclose to parting employee

i think employer is liable to disclose COBRA. So your friend never signs or decline COBRA, it's the employer problem, sue them.-
 
JMJ said:
Hello Friends,

Here is a situation one of my friend is in with his desi employer : He has been working and getting paychecks from his employer from 2003 up until Dec 2007. He got his GC in June of 2007(mass GC approval time). In Feb 2008the relationship with his employer did not go well b'cos they couldn't find him a client. He stopped working for them and b'cos of that they got mad. Also he did not get any official termination letter or any insurance termination letter or cobra coverage info from them up until now.
Click to expand...

Remember that they generally have to offer COBRA if the company employs more than 20 people.

That said, if the company send COBRA notice late, your friend can still sign-up retroactively if the company is offering it. COBRA laws don't prevent employers from offering COBRA coverage after the mandatory time limit, it only sets the minimum requirements of the employer (eg, just because an employer with less than 20 employees is NOT REQRUIED to offer COBRA, they can still offer if they CHOOSE TO DO so, going beyond DOL requirements) Of course, going to court is an option, but if company is offering retroactive COBRA coverage and your friend can use it, I would sign up for it and not go the confrontational route.
 
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