Employment termination after H1B expiration+Sevarance pay

[shresthaal]

My H1B expires on Jan 2 2012. My company was not able to file for my green card due to layoffs and also because they started the labor certification only in Mar 2011.

I will be joining a university for my masters. I am filing for my change of status next week. My employer wants me to submit a resignation letter to terminate my employment before Jan 2 2012. Because it was not due to my mistake can I sue my employer for failing to file for my green card. Also, can i request for a severance package?

[JoeF]

You can not sue the employer for anything. There is no requirement for an employer to file a GC.

As for a severance package, that depends on the position and on the company rules about severance. For large companies doing mass-layoffs, there is generally a law requirement to provide severance (see, e.g., the Yahoo layoffs in recent years.)

You are certainly not eligible for severance pay if you resign from the job.