Help!! H-1B1 Layoff; No notice given; Violation of Bona Fide Termination


MLEE84

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Hello, I'm currently within the 60 Day period after I was laid off a month ago. My ex employer did NOT give me any notice of termination, did not notify USCIS/DOL of termination, did not offer fee of transport home to Singapore. I have been on H-1B1 Singapore visa status. My LCA's duration is 3 years. They called me into the meeting room one day after lunch and said I was being let go. I asked why wasn't there any notice and they said there is NO need for a notice of termination.

I am filing for COS to F-2 as my wife is in her F-1 status for a couple more years. I've read previous threads on this and understood the process. 

My main question lie in the Violation of Bona Fide Termination by my ex-employer. I have contacted DoL about this and they are awaiting my submission of the complaint. 

Will there be any adverse action (legal status wise) against me when I submit the complaint?

I have logs of communication between myself and the VP who laid me off summarizing the conversation that took place during the termination meeting which clearly state their violation of the Bona Fide Termination law.

Also, the VP checked "Retirement" on my termination sheet that I was told to sign. I noticed this and immediately crossed it out and checked "lay off". They also did not allow me to make a copy of the termination sheet for my own records, citing confidentiality. 

I reside in Wichita, Kansas where there is little to no worker's protections. 

Any constructive responses would be helpful. 

Thank you very much for your time. 

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On 8/12/2018 at 3:04 AM, JoeF said:

Filing a WH4 is the right thing to do. It has no negative impact on you.

When you crossed out the box, did you initialize it? That's the best way to indicate that the change made was legitimate.

Hello! No i did not initialize it. I was in a mess when this happened and did not think to initialize my correction. The moment my pen left the sheet of paper after signing it, they just snatched the sheet away n told me to go. Nothing else was explained like unemployment (which i know i will not be getting), COBRA, PTO, etc.... They were a racist bunch in the first place - when i was hired, there would be racist jokes n comments made on a daily basis; getting thrown under the bus for nothing, etc.. In fact, they did not even explain exactly why I was laid off.   

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