Wrongful termination on h1b: Out of status

[newuser21]

hi, 

 

I have been posting few question on this forum for my full time h1b job termination situation. 

There is one piece of information I didn't mention before is important, I believe my termination of h1b was wrongful by retaliatory nature. And now I am out of status for 4 weeks. My I-94 has few months left. 

 

What can I do with this? Can I file a complain to USCIS? 

 

 

 

[omshiv]

can you pls explain in detail? what do you mean by H1B terminated wrongfuly by retaliatory nature?

[newuser21]

can you pls explain in detail? what do you mean by H1B terminated wrongfuly by retaliatory nature?

 

According to company's policies for work environment, I had a complain filed with the company to address my concern. I was mistreated at my work place for my nationality and race by another citizen employee. So I was the on who complained as a victim, but the company terminated my full time h1b employment. Few more other employees from my racial/nationality back ground also faced the problem but only I got terminated.

 

Right after termination I spoke to a civil rights lawyer, he suggested that I can file a civil lawsuit. But for me finding a new job and liabilities are most important so I kept the civil lawsuit for rest until I find a new job. Now since I am out of status for 4 weeks, I have to consider this again.  Based on this what are my options regarding my immigration status? 

 

Thanks

[JoeF]

Filing a wrongful termination lawsuit does not put you back in status.

That's a civil matter.

[omshiv]

Sorry for the situation...I would suggest to put in all your efforts to find a new job...make sure you dont stay past I-94 date.

[cap-gap]

you ar just out of status....if you find a new H1 by PP, and you have the unexpired H1 stamp, you can just reenter at the nearest border to get back on status..otherwise u have to get a new H1 stamp..

[t75]

If others of your ethnic background do not have similar problems, it is unlikely that discrimination was the reason for your termination. i would guess that you were advised that your performance was not up to that required by an individual of another nationality and you took that as discrimination. Companies are very careful to dismiss people if discrimination is suspected. They would have other proof. 

 

Of course, employment in the US is "at will" and they can dismiss you for no reason at all.

[livliv]

Wrongful termination lawsuits are tricky at best. In your case it also has immigration law concerns. It is best to consult an experienced immigration lawyer in addition to the labor/civil rights lawyer, before you proceed with any action.

 

You are not allowed to stay in the US since you are out of status. The company is required by law to pay for your airfare to home country. If you find another job and the new employer files a petition (transfer) for you, the wrongful termination complaint/lawsuit may be considered by USCIS to forgive your lapse in status.

[newuser21]

Wrongful termination lawsuits are tricky at best. In your case it also has immigration law concerns. It is best to consult an experienced immigration lawyer in addition to the labor/civil rights lawyer, before you proceed with any action.

 

You are not allowed to stay in the US since you are out of status. The company is required by law to pay for your airfare to home country. If you find another job and the new employer files a petition (transfer) for you, the wrongful termination complaint/lawsuit may be considered by USCIS to forgive your lapse in status.

 

Thanks for the response. 

I wish to seek civil rights help in future for my termination, other employees who were related to the matter got their position changed within the company but I got the worst from termination.

For my immigration status, a LCA is being filed today for me by a good consulting company. I hope LCA will take up to a week for approval. And then H1b will be filed as soon as LCA is approved. 

Till today I am in the 5th week of out of status. And even if I have to go back to home country, my obligation here are not completely closed after the sudden shock. 

Basically I put my all energy in getting a new job in a good company, I hope to get back in status within a next month. 

Considering this, am I still in a horrible situation? I never get into situation of breaking a law, but this situation is difficult that I do not have complete control over. 

[wiweq]

Wrongful termination lawsuits are tricky at best. In your case it also has immigration law concerns.

 

What kind of immigration law is concerned here?

[t75]

Employment is "at will"; you can be terminated for no reason at all and it not be discrimination.

[newuser21]

Thanks for the response. 

I wish to seek civil rights help in future for my termination, other employees who were related to the matter got their position changed within the company but I got the worst from termination.

For my immigration status, a LCA is being filed today for me by a good consulting company. I hope LCA will take up to a week for approval. And then H1b will be filed as soon as LCA is approved. 

Till today I am in the 5th week of out of status. And even if I have to go back to home country, my obligation here are not completely closed after the sudden shock. 

Basically I put my all energy in getting a new job in a good company, I hope to get back in status within a next month. 

Considering this, am I still in a horrible situation? I never get into situation of breaking a law, but this situation is difficult that I do not have complete control over. 

 

 

Shall I still file for B2 COS? 

[omshiv]

To OP, I pray for you and wish you get a good job soon and not get into any kind of trouble with immigration. Please keep us posted.

I also wish you teach your employer a big lesson. Don't tell me they are desis