My employer (Fortune 500) messed up my LC. (That's a long story..)
My 6 years of H1 is expiring in a month. So i was notified that i would be terminated when my visa expires.
My employer has a published severance policy for employees who are fired.
But, HR is saying that it's not applicable to me.
My view is that i'm being terminated so i should be eligible for severance.
Do i have any chance legally? Anyone has had similar experience??
Another question: The employer promises to hire me again. Their attorney says after PERM becomes law around oct '04, i can come back by Dec 2004, if my new LC under PERM is cleared. Is this possible?
Or will i be forced to stay out for a year?
Do i come under H1 quota, if i try to come back in June 2005, sponsored by any employer. ( I was told that anyone who had a H1 visa in the past do not come under quota ?? )
Can i apply in Nov 2004 for a H1 visa and go for stamping in June 2005. Or is that i can only apply for new H1 after being out of the country for 365 days??
Thanks in Advance