Fired due to malice on H1B status


ravi786

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Posted

Hi Team,

I was asked to leave very recently by my employer which is purely due to malice towards me and as an act of retaliation against raising my concerns over the ill treatment given to me. I have numerous emails which can substantiate my stand and can show that my employer has deviated from the process to fire me like appraisal rating as "meet expectations" which is generally given to the vast majority of employees in my company whereas I was told that I am being fired due to performance reasons. My question to you that I heard in such defamation related firing cases, one can get EAD status as per the new rule. Is it possible? My H1B will expire in mid of May 2017 including days spent outside of the country and I have approved PERM. My I-140 was about to be filed also this week but before that I got the news of my termination without any prior notice (same day).

Please advise. Thanks.

Posted

Employment in the US is at will, which means that both employer and employee can end the relationship for pretty much any reason.

You would have to see a labor lawyer to see if a wrongful termination lawsuit would be viable. "Meet expectations" is known to mean is pretty bad. And you won't know if it is given to the vast majority of the company. These things are confidential.

There is NO EAD for such cases. I have no idea where people get such ideas from.

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