Pending H1B Termination - HEEELP!!

[abeisty]

I am a UK resident who has been working in North Carolina for the past 6 years for my current employer. The company I work for relocated me and sponsored my H1B visa which expires on 3rd January 2006. They told me initially that they would get me a Greencard. They started the application about three years ago but then put it on hold and applied for a visa extension instead. They are now terminating my contract on 3rd January because "it will not be legal for you to work in the US after this date". Do they still have to pay for my return airfare home? I was not offered this or any severance. Also, I am currently at home in the UK for Christmas and plan to return to North Carolina on 2nd January 2006 as I need to sell/rent my house (I would never had bought this if they hadn't told me they would get me a Greencard) and move my belongings back home. After reading some of the articles on this forum, I am worried that I won't be allowed back in the USA. Should I be? Would it be better for me to travel to the US after my visa expires perhaps so that I could enter as a visitor?

 

[GotPR?]

They have obligation to pay your transportation if they terminated your job before expiration.
However, in this case, they terminate employment on H1 expiration.. There is not clear statement for this case in law.

Here is the law. (8 CFR 214.2(h) (4) (iii) (E) )
Please search "Liability for transportation costs".
http://uscis.gov/lpBin/lpext.dll/in...plates&fn=document-frame.htm#slb-8cfrsec2142h

As for reentry, I really can not say for sure since it's up to POE officer, but i think it's extremely risky as you enter the US a day before H1 expiration.
If you could enter the US with H1, you have only 10 more days to legally stay after H1 expiration, but if you enter the US with visa waiver, you have more time to take care of your stuffs.