Tendering Resignation Letter

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imaginative

New Member
Hi Everyone
I Need Some Advice . Please Help If You Can....i Have Been With My Employer Since 2001. Icame On An H1b Visa Eb3. I Have Worked With My Employer Since Then. I Recieved My Gc In July 2007. I Have Continued With The Same Employer. Unfortunately A Situation Has Cropped Up Where I Have To Go Back To My Country For 2-3months.im Sure My Employer Will Be Unwilling To Give Me A Leave Of Absence For Such A Length Of Time.i Will Be Leaving In January End. The Timing Stinks As It Is Will Be Almost 6 Months Since I Got My Gc.it Could Be Misconstrued As Leaving The Job As Soon As I Have Gotten My Gc.the Real Problem Is The Employer Is Related To Me And Pretty Much The Vindictive Kind.i Have Decided To Resign As The Problem Is Pressing And I Need To Go. My Question Is

A)do I Give Him My Resignation ?
B)is Two Weeks Notice Sufficient?
C) Can He Take My Resignation And Try To Have My Gc Revoked If I Do Not Come Back To Him ...?
I Took A Margin Of 6 Month Even Though It Was Imperative That I Leave At Once.

Do You Think Its A Potential Problem..? Please Advice
 
Look in your HR policy guide for extended leave policy and unpaid leave policy.
Both of them usually take effect after you have used up all your vacation and sick time.
If your company does not have either of those policies, as TheRealCanadian says, tell him you have to go to your country for 3 months. If he fires you, then you would be off the hook from the 6 months rule of thumb. But if he demands that you resign (I do not think he can force you to), even then you should be OK from the 6 months rule of thumb since you are not leaving him to join another company.

Another option:
If your situation allows you to work while you are in your home country, tell your company that you are willing to work remotely on a part time basis to provide critical support (or full time if your situation allows) during the next 3 months.

If you have to go, you got to go. Sometimes there are things more important in life than a greencard.
Wish you the best.
 
I agree, ask for the unpaid leave of absence, go away whether they like it or not, and let them fire you.

Since you are in EB3 and got approved in July, I presume your I-485 was pending for several months before that, so you now have much more than 6 months with the employer since filing the I-485.
 
Resignation

Thank You I Really Appreciate The Input You All Have Given. My I-485 Had Been Pending Since 2 Yrs Awaiting Pd.. Of Course I Havent Posted The Entire Course Of Events...but Suffice To Say That My Legal Matters Are Being Taken Care By My Elderly Parents In My Country. I Could Ask No More Of Them. Previously I Had No Choice But I Do So Now.also I Had Wanted To Do Ac21 A Year Back But I Was Adviced Against At That Point Of Time ...the Question Again Is If I Choose To Resign Does It Pose A Problem...?can That Piece Of Paper Be Used Against Me ?
Either Which Way My Leaving In 6 Months Can Still Be Construed As As Leaving After Getting Green Card . So I Ask Isnt An Honorable Resignation Better Than Being Fired ...i Have Never Been Fired From Any Place . I Always Left On A Good Note However Difficult The Circumstance May Have Been.
 
In America being fired doesn't have the stigma like it has in other countries. And the next employer won't know you were fired until they interview you, and you'll be able to explain the circumstances.

The point is not really to get fired; it is to do what you need to do anyway and hope that the employer might not fire you. Ask for the leave of absence, then if they refuse just let them know you simply have to go away for 2-3 months, and that you would like to resume working for them after those months, but you still have to go anyway and you are ready to accept the consequences. Then go. It might so happen that they think about it while you're gone and decide not to fire you.

However, if they owe you a significant amount of money (unpaid vacation etc.), you might want to resign and get that settled first.
 
Being fired in the US is like getting an unplanned, unpaid vacation. If you can maintain that attitude and if you are good in your work abilities, you will find another job quickly.

Why are you worried about the 6 months thing? Since you already worked for them for several months after GC approval, and several years prior to that, for sure your employer can't ask USCIS to revoke your GC. They have the AC21 clause mainly to protect the employee from such situations.

Are you worried about what will happen come citizenship time? Even then I think they mainly look at your moral background and your financial stability more than your employment duration with the GC sponsor.

Also, wanting to leave on a good note should be a 2 way street. Does not matter how good your intentions are, if your employer is an a$$ and does not want to part on good terms, then you will not part on good terms. The fact that you left your previous employers on good terms should help you get a job with them if they need your skills.
 
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