In a tough Situation

[Justdazed 1]

So a couple of weeks ago my husband was let go from his job. His layoff was completely unexpected and we're still scratching our heads trying to think of why (in WA they have an “at will” law which means employees may be terminated for any reason and they don't have to disclose the reason). To complicate things more he was scheduled for SURGERY the following day and has been on bed rest ever since he was let go.

The main reason I had immigrated to the US was because of his job, it was easier for him to support me then vice versa. Unfortunately now that we don't have the stability of his job my husband and I are thinking of going to Canada. I've been researching the immigration process (I would sponsor him, as long as I provide the required information I can apply for his PR while still in the US) on the goverment website but I'm unsure of a- what this will do to my pending AOS application and b- what this will mean for future visits etc.

I'm just looking for some input/thoughts on this one as I'm kinda stuck right now.

thank you

Edited October 24, 2006 by Megz

[Jersey Girl 2]

Whoa. You've been thrown a couple of curve balls but don't do anything rash just yet. His job prospects may still be better in the States than Canada. And if he was let go, there's a law that lets him continue his company health insurance for 18 months. I thinks it's COBRA.

Why not deal with one thing at a time? Let him get well, and then get a new job. Sounds simpler than uprooting yourselves and doing a 180 at this point. (Just one opinion among many.)

[Justdazed 1]

Whoa. You've been thrown a couple of curve balls but don't do anything rash just yet. His job prospects may still be better in the States than Canada. And if he was let go, there's a law that lets him continue his company health insurance for 18 months. I thinks it's COBRA.

Why not deal with one thing at a time? Let him get well, and then get a new job. Sounds simpler than uprooting yourselves and doing a 180 at this point. (Just one opinion among many.)

He's on unemployment and we've applied for COBRA, but it's quite expense. I'm not talking about moving right this minute obviously immigrating is a timely matter but like I said earlier the only reason I came to the US was because of his job, otherwise he would immigrated to Canada. Even if we both get jobs they wont equal the job he used to have so why not just go where we wanted to be in the first place if we have to start over again (hypothetically).

I'm just trying to get an idea of what this would do to my AOS or hopefully soon my greencard

[kitkat1 5]

There are rules regarding maintaining your legal status in the US once you have adjusted. You can lose your LPR status if you remain outside the US for too long. Might be a good idea to do a consultation with a qualified immigration attorney to make sure you understand those rules.

[Justdazed 1]

There are rules regarding maintaining your legal status in the US once you have adjusted. You can lose your LPR status if you remain outside the US for too long. Might be a good idea to do a consultation with a qualified immigration attorney to make sure you understand those rules.

I know that moving would pretty much void everything I've done to this point - I'm more concerned about visiting etc

When we can afford to, I would like to see a lawyer.

[kitkat1 5]

I can't imagine why you wouldn't continue to be able to visit, especially since you would not need a visa.

BTW, there are plenty of qualified attorneys who will do a half hour phone consultation for a reasonable price. For example, www.visacentralnet - $75 and highly recommended attorney.

[meauxna 15]

There are rules regarding maintaining your legal status in the US once you have adjusted. You can lose your LPR status if you remain outside the US for too long. Might be a good idea to do a consultation with a qualified immigration attorney to make sure you understand those rules.

I know that moving would pretty much void everything I've done to this point - I'm more concerned about visiting etc

When we can afford to, I would like to see a lawyer.

It's not that it voids what you've done, exactly. You've had a lovely time in the US since this summer, right?

But as for your PR status, there is likely no way for you to keep it if you move permanently. If that winds up being the case, look into how you formally withdraw your application(s). That keeps your visiting options open.

There may be lots of low/no cost legal clinics available. Consultation are not that expensive. And, one of the self-described specialists in abandonment posts to another group. I wouldn't address him directly, but a discussion of your options could be very instructional.

http://britishexpats.com/forum/forumdispla...prune=&f=35

You don't have to be British to join; the group is actually a Usenet group called alt.visa.us.marriage-based and you can get it through your newsreader, google groups or other websites.

[Justdazed 1]

There are rules regarding maintaining your legal status in the US once you have adjusted. You can lose your LPR status if you remain outside the US for too long. Might be a good idea to do a consultation with a qualified immigration attorney to make sure you understand those rules.

I know that moving would pretty much void everything I've done to this point - I'm more concerned about visiting etc

When we can afford to, I would like to see a lawyer.

It's not that it voids what you've done, exactly. You've had a lovely time in the US since this summer, right?

But as for your PR status, there is likely no way for you to keep it if you move permanently. If that winds up being the case, look into how you formally withdraw your application(s). That keeps your visiting options open.

There may be lots of low/no cost legal clinics available. Consultation are not that expensive. And, one of the self-described specialists in abandonment posts to another group. I wouldn't address him directly, but a discussion of your options could be very instructional.

http://britishexpats.com/forum/forumdispla...prune=&f=35

You don't have to be British to join; the group is actually a Usenet group called alt.visa.us.marriage-based and you can get it through your newsreader, google groups or other websites.

thank you, I knew I had to do something with my applications and I'll def look into formally withdrawing my application.

& thank you for you for the links

[Flames9_RN 358]

And if you do move to Canada, and your Husband becomes a Permanent resident, you can then go the DCF route if you wish to return to the USA, which is much faster. Best of luck

[zyggy 9]

Did your employer tell you about the "at-will" thing... what a bunch of #######...

Hmmm.. I don't know about you, but being let go on the eve of your surgery which would have required lots of bedrest sounds pretty fishy to me... let you go for economic reasons, yes.. for performance reasons.. yes... because you're going to have an expensive surgery and it'll cost the employer.. maybe not...

Even with at-will employment, an employer cannot just let someone go for any reason... there are laws to protect you from being terminated due to things such as illness. I would talk with an employment attorney if I were you to see if this was not a case of an illegal termination...

It's definitely something to look into... I would not let them get away with it...

[raymaga 25]

I live and work in Washington State, and the "At Will" law does exist. I just started a job a few weeks ago, and my "Employment Agreement" clearly states that:

"An employee may voluntarily leave employment and may be terminated at any time, for any reason, with or without notice".

[CutienPurg 0]

I think that's a good call on Zyggy's part. Just because you're an "at will" employee,one would think you should still be allowed the benefit of knowing why you were terminated. An employer may have the right to dismiss you for any reason but it seems as though the employee should have the right to know why , no matter how ridiculous the reason. The clause stating " with or without notice", in my opinion, doesn't mean without explanation.

[Reba 2]

zackly. I'd look into that, they should give you a reason. Don't they have to put a reason on the termination papers?

[CutienPurg 0]

zackly. I'd look into that, they should give you a reason. Don't they have to put a reason on the termination papers?

Do you put " gee I dunno " on the line where it asks " reason for leaving " on your next job application or when you apply for unemployment benefits. In Michigan anyway, you cant collect unemployment if you have been terminated for a reason of your doing and you can't collect if you quit for no good reason either.........so not having a reason would be difficult.

[Justdazed 1]

I live and work in Washington State, and the "At Will" law does exist. I just started a job a few weeks ago, and my "Employment Agreement" clearly states that:

"An employee may voluntarily leave employment and may be terminated at any time, for any reason, with or without notice".

my husband and I are about 90% sure it was because of how much he was making - but yeah he came into work and they told him he no longer worked there and escorted him out.

I think that's a good call on Zyggy's part. Just because you're an "at will" employee,one would think you should still be allowed the benefit of knowing why you were terminated. An employer may have the right to dismiss you for any reason but it seems as though the employee should have the right to know why , no matter how ridiculous the reason. The clause stating " with or without notice", in my opinion, doesn't mean without explanation.

like I said in my above post, he came into work on Monday, had a brief meeting and was escorted out. No reasons, infact his boss was more surprised then he was (the "letting-go" I guess was a choice made by people higher up). We were even suppose to have a party THAT friday with his work to celebrate our wedding.

zackly. I'd look into that, they should give you a reason. Don't they have to put a reason on the termination papers?

Do you put " gee I dunno " on the line where it asks " reason for leaving " on your next job application or when you apply for unemployment benefits. In Michigan anyway, you cant collect unemployment if you have been terminated for a reason of your doing and you can't collect if you quit for no good reason either.........so not having a reason would be difficult.

they told him to put "at-will" on his unemployment papers and they were approved.