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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28482
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Thanks alot for your response. If I write my resignation

Customer Question

Thanks alot for your response. If I write my resignation effective 31st August, 2016, would it create any GC problems in future?. They might want to hold my owed amount saying that you were on unpaid leave while actually working for another company if I put resignation date as 12/01/2015.Please advise.My original Question wasI was working with Company A on H-B visa 25th May, 2015 to 01st Dec, 2015. I took unpaid leave for personal reasons from Company A without actually resigning and joined Company B on Dec 01st, 2015 and have been in company B since then. Now Company A wants to revoke my H1-B and they also owe me somemoney, so they asked me for a resignation letter to get it revoked before paying me what they owe me.I want to write a resignation letter to Company A but what should be the end date of that. Should it be 01st Dec, 2015 or 31st August, 2016.Please advise as I don't want these dates to create any issue during my GC processing.
Submitted: 6 months ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 6 months ago.

If you write your resignation date sooner that 01 Dec then it puts you out of status because you have no pay stubs for the period of your personal leave.

The exception to this would be if you were on maternity leave. But just having taken personal leave and not returned to the job for even one day makes it appear as though you were on the bench and not on some extraordinary medical leave for that long period of time.

If the leave amounted to more than 180 days then 245k could not be used to qualify your for adjustment and yes, it could effect your green card.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Expert:  Judith Ludwic replied 6 months ago.

May I answer anything additional for you to earn your satisfaction. I strive to give good customer service and comprehensive answers. I feel I have failed you. Please tell me what additional information would be helpful.
Judith

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