H1B Transfer Issue: Company terminated employment due to RFE


erakesh1988

Recommended Posts

Hello,

 

I am posting on behalf of my Fiance.

 

Company A hired her in April 2015 and filed for H1B, H1B was picked, approved and she had got it stamped for 3 years until October 2018.

 

My Fiance has been networking with Company B for opportunites in that company since the past year, and fortunately Company B decided to employ her and offer her a position in late july with a start date of August 1st. Company B also knew that my fiance was on H1B with Company A and in the offer letter clearly mentioned that they will handle the H1B transfer.

 

The H1B transfer had been applied for in late july and we recieved the recipt of H1B in late july, application was done in premium and we received the offer letter with a start date of August 1st. My fiance since then has been working promptly with Company B and has been due diligent with every task given to her. Company B also wanted her to work and attend a conference in Austin in the second week of her job (which she did, performing at the job with full attention).

 

While she was in Austin, USCIS sent an RFE with few questions to which Company B said will review after getting back from the conference. After getting back from the Conference, Company B has been reviewing the case with the lawyer. A week has passed since getting back from Austin, unfortunately she was abruptly let go from her position this past Monday. This obviously came to us as a surprise and was very shocking as Company B had taken many steps before hiring her. Company B, when letting her go mentioned that responding to the RFE is complicated and its not working out, in addition to that, her boss mentioned that she doesn't make a good fit for the team. This in addition was a surprise as many colleagues who had set up meetings with her this week found it shocking that she was let go (she has email commmunication as proof)

 

With all this mess, we have a few questions and are very confused on what steps to take.

 

1. We really feel that this is a case of discrimination and just because of the fact that Company B doesn't want to handle the immigration process, my fiance was let go. So, do we have a case against Company B, can we legally proceed with action against them?

 

2. How much time does she have to legally stay in the US? She quit her stable job with Company A to pursue the opportunity at Company B and now we are not sure how long she has and how her legal status currently is?

 

Note: I am currently on a H1B as well and have an I-140 approved, I am from India and my Fiance is from Colombia, We are aware of the cross chargeability and were planning to get married next year and apply for I485/EAD/GC for both of us simultaneously. However, with all this coming to us suddenly, we are now very confused on how we manage our plans. We were planning to travel to India and Colombia to see our families.

 

All of the help is appreciated guys, thank you very much.

 

Sincerely,

Rakesh & Lida.

 

Link to comment

A company can decide not to go through with an H1. There is nothing you can do.

That's why it is always best to only start working with a new company when the H1 is approved.

Starting to work with just the H1 receipt is risky, as you found out.

People on this forum have generally advised against working with the new employer with just the receipt.

Link to comment

Archived

This topic is now archived and is closed to further replies.