I am on H1-B and was working till last week on a project. I was offered a job by local company who has filed my New H1-B.They have asked me to join on a particualar date. I have confirmed the date and resigned from the job and moved to the place to join the company. When I was about to report for the work, I got a call from HR saying that my joining date has been postponed due to business conditions. I smell something fishy. Since I resigned my earlier job because of promise made by the company and currenly out of job... can I take any leagal action against the company?
- Home
- Forums
- General Information
- Social, Political and Legal Matters
- Just Arrived in USA - Help Each Other
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Unfair treatment by employer
- Thread starter ucbus1
- Start date
probably not and you are out of status too.
Without consulting a labor attorney, it is difficult to know.
However, since you quit your H1B company, you are now out of status and subject to deportation.
Your former company does not owe you the normal return transportation home.
Your former company may have already taken the steps to inform INS that your status is gone.
If your former company had a blanket petition for several workers, they probably have already hired someone from your home country to replace you.
Best option here is to hire an attorney to represent you agains the new company for "breach of promise" or some such and return home for the duration, since you may not begin working for the new company until the I-129 or I-140 has been approved by the INS.
Without consulting a labor attorney, it is difficult to know.
However, since you quit your H1B company, you are now out of status and subject to deportation.
Your former company does not owe you the normal return transportation home.
Your former company may have already taken the steps to inform INS that your status is gone.
If your former company had a blanket petition for several workers, they probably have already hired someone from your home country to replace you.
Best option here is to hire an attorney to represent you agains the new company for "breach of promise" or some such and return home for the duration, since you may not begin working for the new company until the I-129 or I-140 has been approved by the INS.
Best Option
Best Option my friend is to go all out and find a new job and employer. Under current condition it will not be that bad an idea to go back to your previous company and tell them that you did not like the new job for whatever reasons(probably u can say that they had project in some other stream, etc.).
Or alternatively tell your new employer to take you on their rolls and start paying only after you get your first project. This way you will be assured a transfer of H1 to another employer later on. Because not joining can lead to Out of Status soon and that is something which is bad. Just find something and hang on to it till you donot get project/employer of your choice.
I hope my suggestions will help.
Take Care
Best Option my friend is to go all out and find a new job and employer. Under current condition it will not be that bad an idea to go back to your previous company and tell them that you did not like the new job for whatever reasons(probably u can say that they had project in some other stream, etc.).
Or alternatively tell your new employer to take you on their rolls and start paying only after you get your first project. This way you will be assured a transfer of H1 to another employer later on. Because not joining can lead to Out of Status soon and that is something which is bad. Just find something and hang on to it till you donot get project/employer of your choice.
I hope my suggestions will help.
Take Care