Wrongfully Terminated Job (H1B)


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Hello,

I am working in my company for 6.5 years as an engineer. I transferred another position in US 4.5 years ago with L1B then switched to H1B.

Company was planing to apply for a green card for me for a while now, in December 2018 they posted the job. On April 2019 I got the information that a qualified US citizen applied (from the other side of the country which happens to be living in the same state with my manager).

They told me that they had to hire him and replace me because of the nature of this process. I quickly found another job and now we are submitting transfer.

New company’s attorney told me that I can not get a green card thru sponsorship before I spent 6 years in US. They would need to apply 365 days before that, it is not possible to apply earlier.

I am still in the first company until the submission is complete. I am getting a little suspicious that there is something else is going on. My director repeatedly states that they were very happy with my performance and this has nothing to do with it.

1. I am Confused in between 2 company’s statement, if it was not possible to apply for green Card was and there was no performance or ethics issue is it just to post the job?

2. If it is not just, can it be considered as a wrongful termination? A US citizen is replacing a H1B holder, I believe that is what law should promote companies to do.

thank you for your time.

Edited by Rivendare
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