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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10895
Experience:  Write FOR JAMES to get my help!
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On a TN visa that doesn't expire for 1 year. Just got layed

Customer Question

On a TN visa that doesn't expire for 1 year. Just got layed off with sevenrance. What is the effective termination date. Layoff date or severance end date
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: Valid TN at the moment nothing else pending
JA: Have you talked to a lawyer yet?
Customer: They all go back and forth. My severance paper work does state effective term date but that's what immigration will look for
JA: Anything else you want the lawyer to know before I connect you?
Customer: No just answer that one question
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Expert James replied 1 month ago.

Hello! Thank you for using Just Answer. I am James, and I will be assisting you. Please give me some time to review your question. It might take a little while, but I WILL be back to continue this conversation.

Customer: replied 1 month ago.
How long?
Customer: replied 1 month ago.
Just want to make sure I don't stay beyond I'm legally suppose to. Do I have until the last day worked or severance end date. I still receive benefits through the severance end date.
Expert:  Expert James replied 1 month ago.

Thank you very much for your patience. Please note that Experts work with several customers at the same time, and in the order that questions and responses are posted. Each time you respond with something like "how long," or "hello?", or "are you there?", it puts your question to the bottom of the list as if it were the last response posted, causing you more delays. So it is often best to remain patient while we work through your questions.

Kindly remember that I do not get a salary here. Your positive rating is the only way I am rewarded for doing my job. So please do not forget to give me 3 or more stars, or any smiling faces, before leaving the site today. Thank you!

ANSWER: The effective date of layoff is technically the first date you are not employed. So that would be the day after your last day of actual employment, not just the last day you are paid.

Now I say technically because the USCIS usually looks at pay stubs to determine when a person is in lawful employment-based status; if the paystubs show you are still on the payroll and getting paid, the USCIS usually doesn't have any indication of the last date of actual employment. Of course, that assumes the employer doesn't provide a letter saying the contrary or the employer does not inform the USCIS.

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Thank you!

Expert:  Expert James replied 1 month ago.

Hi again,

I received a message that you reviewed my response and may require additional assistance. However, I cannot see your correspondence above.

Please post it again, so I can continue to assist you.

Thank you!

Expert:  Expert James replied 1 month ago.

Hi, I’m just checking in to see how things are going.

I see you have reviewed my answer but have not provided a rating. Do you need more help or need me to explain anything else? Please respond so that I know what to do next.

Thank you.

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