sudden lay off - help, please!

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penumbra

Registered Users (C)
OK, this could be the enigma of my entire future life for me. i'm an AC21 case (switched employers after 183 days), got RFE in April (employer letter), replied to it with a letter from them about permanence of job.

A few weeks after CIS received my RFE, my employer gave me notice of termination of employment - this was truly not in their plans, or mine, but due to a shuffle of management and reassignment of duties. Nothing I told them made any difference. My last day of work was assigned as 30th June.

Utterly confused and dejected, and not knowing what to do, I nevertheless waited for a miracle approval. Me and my spouse's cases were approved on 19th June, barely in time before my lay-off - I got the approval letter in my hand on 23rd June, went and successfully stamped our passports on 28th June.

I had called in sick from work on 24th and 25th June, and when I went back to work on Monday the 28th June (after our green card stamping), to my utter horror and disbelief, I was told that I had actually been already laid off on 25th June (last Friday). I am not sure how this confusion arose but I was too depressed to ask.

Now I'm not sure if I'm even in status. My EVL was based on (I guess) the best of intentions. My approval was before my lay-off, although my stamp on the passport was after. Should I just be honest and write or call up CIS and turn myself in (oops, feels like a convict of some kind). Or should I just lay low and try to find jobs, which won't be easy and might take a couple of months at least, especially if it has to be in the similar fields. Most importantly, I have to think about supporting a family, so can I apply for unemployment, or will it be deemed fraud? Seems like I'm in such a deep hole!
 
penumbra,
sorry to hear about ur layoff...i have been through layoff and as have beena few of my friends. I can only tell u that it all works for the better.
As regards to the approval date and ur layoff date, please do not sweat like this. You are just stressing urself too much.
First of all u have not done anything illegal. U had ac-21 that gives applicants portability and freedom to a large extent. also even if they decided to lay u off on 25 june, since u were sick that day, they cannot lay u off and u were technically an employee that day. so u were technically an employee till they handed the letter to u. an employer cannot lay off an employee when the employee is on sick leave or on vacation. the decision can be taken, but the employee is an employee till the day he / she comes back to office.
Also, ur approval date is what matters and it is much before the day of lay-off. Further, since ur employer laid u off, and since u did not have any intention to leave USCIS cannot state that u did not pursue the GC with the employer sponsoring the GC in good faith.
Just concentrate in finding a good job. Congrats on the GC and All the best for ur job.
 
registrationid

Thanks much for providing such detailed info on this - this helps a lot. apparently, the 25th was decided in an internal memo, which I should've been aware of but wasn't, although my letter stated 30th. As you say, it's probably little issue to fight for. I think by all reasonable accounts of the matter, since I did wish to work for the employer and didn't voluntarily quit, I'll move on to try to find new jobs. In the worst scenario, I guess they'll just deny me the PR, or more likely, deny a citizenship. But at this point it feels like each of us is a battle-hardened soldier - ready to fight till death.

Once again, thanks for your wishes and the kind words.
 
Go.......

Look for a job and take care of your family. If the US deny Citizenship you can still be citizen of your birth country.
 
we hear/talk a lot about continuing employment with the sponsoring employer after GC approval to avoid potential pitfalls five years down the line when we apply for citizenship. but have you ever heard of anyone getting their citizenship app denied for leaving the sponsoring employer? elsewhere in this subforum, somebody has posted an account of somebody being approved for citizenship who willfully (and spitefully, it seems) handed in their resignation on the day their GC was approved... not that i would put much stock into this, but in your case, whatever happened was neither intentional on your part, nor voluntary. and, if this blighted EB immigration process has taught us anything, it is that intent counts for a heckuva lot.

don't worry about it. don't even THINK about "turning yourself in" or any thing drastic. just look for a new job, and move on with your life. what you might want to do, if possible, to collect and preserve any paperwork that was associated with your layoff. for instance, the pink slips, if any, that set off your original and actual layoff dates, any other communication (paper and/or electronic) that you may have received from the company etc. that could bolster a claim on your part to establish intent, should it ever come to that.

congratulations on your approval, and enjoy quality time with your family.
 
penumbra,

First of all let me restate what all others have said, that is that you are worrying over a 'non-issue'. As you know GC is a future job offer and both parties (employee and employer) should have the intention to continue the job after GC. In your cse it is your employer who have layed you off, and more than you it is they that could be questioned (although practically this will never happen, USCIS does not care).

So my friend, retain the lay off letter and other proofs that your company layed you off, which you may need during citenzenship interview to show it was the employer that terminated the job and not you. In any case I do not forsee this being an issue at all even during citenzenship interview. Other than that relax, and find a new job. You are not out f status or anything. Now you are a PR, so forget worrying about status and all. In fact till the time you get a new job, go and register yiourself with the Social Security office and collect unemployment benefit.

All the best.
 
penumbra,
You are worrying unnecessarly. Try looking for the job, mean while collect unemployment, because you payed for that all these years, when you were working and unable to collect becasue you were not a PR.

good luck in your search for new job.
 
You are getting overjoyed and oversmart

Penumbra ,

You are the person who can switch over job just after 183 days of I 485 filing.

Your happiness knew no bound since your case is approved. So I think you are reacting differently. You got your approval letter on 23rd (so technically u were approved before) . You just got it stamped later.

Only one question could be worth regarding getting Unemployment benefits.
Rest are just showing your inner voice .
You were smart enough not to post this question immediately after getting notice of termination of employment.
So dude u r all set ....
Just pray for other who are wasting their time giving you advice.
Good Luck.
 
A friend of mine got approval 5 months after his layoff. He was unemployed for the entire time period. There is nothing to worry about your case, on the contrary you are a free man to seek employment anywhere since you did not leave on your own. Keep you termination papers as proof.
 
I'm also simular situation

My Labor Certification cleared on Dec-19-2003 (CSC)
I filed my I140 and 485 concurrent on Jan-28-2004 (CSC)
Recd. my EAD on March-20-2004
Recd. my AP on April - 10-2004
Fingerprint done on - April-19-2004

Currently I'm in 7th year extension.
My current H1 is expires on Sep-22-2004

On June-30 I got layed off from my company
My attorney and HR dept. assure me that they don't withdraw my I140.
(Big Financial Instution 4500 Employees)

Now what are my options ?
Can I use my EAD for next jobs ?
I got three jobs in my hand.
 
140seekerJune said:
What if we leave on our own?
Click to expand...
If you left on your own, it might be interpreted as fraud since you never
intentended to work for your sponsor. There are plenty of posts on
this topics.
 
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