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Eligibility for compensation on termination after h1b expires

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  • Eligibility for compensation on termination after h1b expires

    My eb2 case history:

    1.GC application process started in may 2017.

    2. The job advertisement period started in jan 2018. But owing to several candidates applying (apparently an hr related glitch), they had to redo the advertisement in may 2018.

    3. Perm was filed in July 2018 and was audited/requesting for evidence in oct 2018.

    4. My h1b maxed out in dec 2018 and I have returned to india since then and The company put me on extended leave of absence upto may 2019 .

    As per dol, my audit should review should be current as of jan 2019. But I had a chat with hr and lawyer last week and they did not have any information to share. Further they said that given the current state of affairs, it would take a long time to get a new i140 and extension on h1b to the point that they can't keep me on leave forever. So they would have to terminate me and consider re-hiring when everything is done.

    This is a big financial services company and are not even considering to hire me in india or relocate to any other country. They have showed reluctance in sponsorship during the whole process (or incompetence, their choice of lawyers do not have a good reputation).

    My question is if they terminate me, am I eligible for compensation? What are my rights now that I'm no longer in usa?

    Appreciate the help.