resigning from job

[an3]

I'm facing a layoff which will prevent me from working for the same company again.

Can I resign before being laid off, to be eligible to come back to the same company?

My I-140 is approved. I'm on EAD for the last 3 years. Does resigning cause problems for my green card application or for EAD in future?

[H1BExtensionAspirant]

I dont think so. I dont think resigning would make it any better from a immigration perspective either. Since you are in EAD, you are allowed to be unemployed for as long as you wish. so there should be no impact to your immigration as long as you do not cliam enmployment or govt benefits. You can do this only in the next (GReen card and above) status.

If you apply for immigration benefits, you will be considered a liability for the US and hence your GC petetion could possibly be deined on those grounds.

[pontevecchio]

How does resigning the job help you as opposed to getting laid off. If you get laid off you may be able to collect benefits and also use AC21 to get a new employer in the same field. PLEASE talk to your Lawyer.