CP done and Layoff announced by Company

[needhelp]

Hi,
I got my green card thru Consular processing in Sept 1st Week(My I-551 stamped). I am back and my compnay announced layoffs and will be effective from October 1st. I might get laid off. So is there any risk to my GC. Will I get my plastic cards. How does that layoff will effect my GC??

Please clarify??
txs

[vfpeter]

My personal opinion :

I am not sure about plastic card. But if you company declares bankruptcy or lays off, you can legally go and work for another company. Here you have valid reasons and it is not your fault that your company is laying off people.
So the "intent" required by INS is not lost.

Otherwise you will have to continue with the same company for 6 months to a year.

This would had been ideal condition had your plastic card come in your hand. I am not sure what are the repurcussions to this.

VFP

[rockstar123]

needhelp,

i think you'd be OK. Don't need to worry. The plastic card will come in the mail and nobody is going to question you on your present employment. In the even if you do not receive the card and you have to go back to the INS office to get the stamp re-validated and you are asked at that time about your present employer [which i doubt], just tell the truth. Explain them that the lay-off was not in your hand and you had every intention to stay with the company.

[dj113]

Re: Rockstar/VFP

Does that mean we shouldn't change the job until
we the the plastic card. That might take more than
6 months.
Assuming we didn't get the card in a yr and change
the job in between then what will happen if we go
to the INS office to have it re-validated?
Thanks

[rockstar123]

Re: Rockstar/VFP

One shoule be able to change the job anytime they want. The basic rule for that is you should be in good terms with your present company. I am planning to stay for 3 months at most with the present company. At the port of entry in Detroit, the INS officer told me that it would take 6 to 8 months to get the card in the mail. I am not worried.

[dj113]

Thanks Rockstar

but I'm still bit concerned.
The reason I'm skeptic is that I/we have lost our EAD/AP
couple of times in the mail. Of course they are not so important docs as one can always reapply.
But what if it happens in the case on GC (plastic card)
and I were to go to INS to have the stamp (I-551)
revalidated being with a different employer.
Any idea what would they say/do?

DJ

[rockstar123]

Re: Thanks Rockstar

Can't help you Bro. You do what you got to do....

good luck...

[Sky Clipper]

For Rockstar/dj113/vfpeter

Folks

I think dj113's concern here is valid. The GC process, I believe is based on the continuity of the job and nothing much more is said. Therefore, if the job loses its continuity at this early a stage, legally, some eagle-eyes watching can cause this case to be in jeopardy of adhering to the continuity clause!

:rollin

The more I think of it, the more it seems important that the job maintains it's continuity. It is, infact a littel worse off than leaving at will after a few weeks(!!) as the continuity of the job with the employer has been dis-proved.

Please consult a lawyer.

This c/s is close to the issue of a green card candidate having obtained his/her green card (or entry into the US after the CP interview) and then being FIRED by the Employer. However, here, in this latter case, I think the job continuity is there, only the Employer now has declined to offer you the job any more -- and has not fired you for your competency (so your lawyer may have some leeway to talk here).

Again, Please consult a lawyer. Though, in the bottom of my soles of my feet, I think your case should be OK, as there are no eagle-eyes, nor your Employer is rushing out to pursue you legally after closing his/her shop.

[hello2000]

good news

You will be a free man if it happens. You do not worry about 6 months or 2 years. Good Luck