shresthaal Posted December 9, 2011 Report Share Posted December 9, 2011 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? Link to comment
JoeF Posted December 10, 2011 Report Share Posted December 10, 2011 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. Link to comment
Recommended Posts
Archived
This topic is now archived and is closed to further replies.