H-1 termination status (Ginnu, Jaxen please comment)

[jcherian]

Hi Jaxen/Ginnu,


It has been around 16 months since I lost my job. My H-1 Visa expired on Sept 1, this year. I am in the last stages of getting a new job.

I am not sure if my old employer cancelled my H-1. How can I find out without calling my old employer?

Also, if they had not cancelled my H-1, is there anyway to get backpay from my old employer based on the lawsuit given below. They have refused to pay for some extensive TB testing that I underwent as part of county regulations due to an exposure at work. This is a leading software giant, with billions in assets. Being out of work for over a year I consider it very unfair. How should I proceed?

http://www.oalj.dol.gov/public/ina/decsn/03lca15a.htm

Thanks,

J.

 

[Jim Mills]

This type of issue is very fact sensitive. The case you cited was determined since the employer was holding the employee'e documents and did not provide a return air ticket despite repreatedly be requested to do so. As soon as the employer returned the documents and issed a return ticket, the employee immediately left the US.

Does this fit your situation or have you clearly been terminated and offered return airfare? The result may change.