rajeshefali
New Member
Background:
I am on H1B visa, switched job from A to B. I was informed all the necessary steps from INS standpoint have been completed and I can start. After 16 days into the employment I was informed that the necessary steps were not complete and I have worked illegaly for 16 days. I started working for company B in good faith that they have taken the requisite steps. Comp B with immigration attorneys is taking steps to make sure things are amicably resolved. I will be happy to get the issue resolved and move on with my life. But what if something goes wrong and company B back tracks on hiring me.
Question 1: My pregnant wife and I am undergoing lot of stress for no fault of ours. In legal terms I worked unlawfully for 16 days for no fault of mine. What recourse do I have if any under immigration law. Again I don't want to take undue benefit of the situation but make sure everything is resolved amicably and just fully.
Question 2: Can I sue company B for breach of contract and negligence and recover any damages I have actually incurred as well as for pain and suffering and loss of consortium (loss of affection, association and interaction) with my wife. They already have hired me and I relied upon that to transfer my visa from company A, then can I have a claim against company B for detrimental reliance based upon the fact that none of these things would have happened had they not enticed me to leave Company A. .
Question 3 :
I will be required to leave US to get my legal status reinstated. The visa officer may give a visa or even deny. If at all that happens. I will be outside US and it will be difficult to file a law suite from India. Should I hire an attorney- immigration law?? or employment law?? and make sure they have everything required to file a case before I leave and all this contingent upon my ability to get back into legal status. What will be the cost effective way to take this measure? With this situation I will be financially constrained as well.
I am on H1B visa, switched job from A to B. I was informed all the necessary steps from INS standpoint have been completed and I can start. After 16 days into the employment I was informed that the necessary steps were not complete and I have worked illegaly for 16 days. I started working for company B in good faith that they have taken the requisite steps. Comp B with immigration attorneys is taking steps to make sure things are amicably resolved. I will be happy to get the issue resolved and move on with my life. But what if something goes wrong and company B back tracks on hiring me.
Question 1: My pregnant wife and I am undergoing lot of stress for no fault of ours. In legal terms I worked unlawfully for 16 days for no fault of mine. What recourse do I have if any under immigration law. Again I don't want to take undue benefit of the situation but make sure everything is resolved amicably and just fully.
Question 2: Can I sue company B for breach of contract and negligence and recover any damages I have actually incurred as well as for pain and suffering and loss of consortium (loss of affection, association and interaction) with my wife. They already have hired me and I relied upon that to transfer my visa from company A, then can I have a claim against company B for detrimental reliance based upon the fact that none of these things would have happened had they not enticed me to leave Company A. .
Question 3 :
I will be required to leave US to get my legal status reinstated. The visa officer may give a visa or even deny. If at all that happens. I will be outside US and it will be difficult to file a law suite from India. Should I hire an attorney- immigration law?? or employment law?? and make sure they have everything required to file a case before I leave and all this contingent upon my ability to get back into legal status. What will be the cost effective way to take this measure? With this situation I will be financially constrained as well.