H1B job termination without notice

[jk12]

Hello All

I am on H1 visa and was asked to take leave without pay until further notice in march first week this year. Last paycheck is from that period. As per my company policy & employment contract, I should have received 3 weeks notice regarding the termination of employment, which never happened.
On checking the status of my I 129 petition on USCIS, they have received a correspondence on 04/20/2015 likely from my employer.
Please advise as to what should I do now. Is my current stay out of status. Again I have not even received any termination notice.

I have filed for H4 now. Does H4 becomes effective as soon as it is filed.

 

Also the H4 filed is valid till July 31. Can I apply for another H4 with my spouse's H1b renewal? Will two H4 petion pose any problems?

Please help with your advice.
Thanks.

[wiweq]

On the day of filing COS to H4, if you are on legal status, you are good.

Talk to a labor lawyer.

File WH4 form to register complain again H1b employer.http://www.dol.gov/whd/forms/wh-4.pdf

[JoeF]

Leave without pay is NOT allowed on H1.

File a complaint with DOL on form WH4.

[rahul412]

There is nothing called 'leave without pay'. On H1 you need to get paid every month. File a complaint against that employer for not paying you.

 

COS to H4 is the best option.

[Suprano]

Your employer sounds Sady. On H1B they can't just send you on leave without pay. They can surely terminate but you are entitled to certain benefits such as return ticket and other things such as COBERA rights etc. Better you clerify these things with your HR in case if they were not clear.

 

Ideally you should have filed COS immediately after you stopped working but hope that you will get approval. Filing another COS along with spouse H1B extension should not be a problem.

You can apply 180 days in advance so you can file it now.