H1-B Expires: Should Company pay for relocation ?

S

Sameer Dubey

New Member
My 6 years on H1-B shall expire on 10/30/2000. As a result, my employment with my current employer shall end on 10/30/2000. I did not apply for a Green Card. I have decided to leave for India on 10/20/2000.

Should my current employer pay for relocation to India ? Is there any law that can back my claim ?

Thanks

Sameer
 
No Title

According to H1-B laws available, the company is fully responsible to pay for the relocation charges of their workers. You are entitled to talk to your employers about this.
 
No Title

The company checked with their lawyer and says that it is not liable for relocation costs as my 6-year limit is coming to an end. If they had fired me then I would be eligible for relcoation assistance.

I quote an excerpt from 8 CFR § 214.2(h)(4)(vi)(iii)(E)

 Liability for transportation costs. The employer will be liable for the reasonable costs of return transportation of the alien abroad if the alien is dismissed from employment by the employer before the end of the period of authorized admission pursuant to section 214(c)(5) of the Act. If the beneficiary voluntarily terminates his or her employment prior to the expiration of the validity of the petition, the alien has not been dismissed. If the beneficiary believes that the employer has not complied with this provision, the beneficiary shall advise the Service Center which adjudicated the petition in writing. The complaint will be retained in the file relating to the petition. Within the context of this paragraph, the term "abroad" refers to the alien\'s last place of foreign residence. This provision applies to any employer whose offer of employment became the basis for an alien obtaining or continuing H-1B status.

I am mad.
SD
 
No Title

Yes, employer has to pay you return ticket, If he does not pay and you do not have time to fight over this please inform the DOL and INS, before leaving and give INS &Dol your India Address, it will be better for others who work for this company and the Employer will also learn a lesson.
 
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