Legal Question in Immigration Law in California

If was on a deputation in US from my company in India. They had processed my GC and I have got the GC. Now as part of some fine tuning they want to do on the onsite-offshore ratio, they are asking me to go back to India in a 2 week notice. I had told that I would continue here and I will look for another job. I need some time for me to search and land in a new job.

Can I legally get some more time from the employer?

If I am not able to find another job in a week, I might be still in their payroll and if I do not quit, they might fire me. if they fire me does my Green Card get revoked .

Can they jeopardize my GC in anyway, if I request for 3 months to find another job?

I do not want to get into Any mess and I am since eerily trying to get a good job, but getting another job takes time.

Please advice me on the questions.


Asked on 9/02/13, 12:13 am

2 Answers from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

If you are currently a U.S. Legal Permanent Resident, then you won't get your greencard revoked if the company terminates your employment. However, retain all documentation regarding the termination for potential future naturalization.

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Answered on 9/02/13, 7:21 am
Rahul Manchanda, Esq. Manchanda Law Office PLLC

No - the company can't do anything to you once you have obtained your permanent residency. And don't fall into their trap of leaving the US with "2 weeks notice" for more than 6 months or you will jeopardize your length of stay requirements for citizenship in the future. Furthermore if they are treating you badly and if you have worked there loyally for a long time you might have Employment Litigation recourse against them with the Department of Labor.

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Answered on 9/02/13, 9:06 am


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