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Misled by Employer. Want to know if I can take legal Action

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  • Misled by Employer. Want to know if I can take legal Action

    Dear Sir,
    Here is the case where I was misled by my employer. Please let me know if I can seek legal action against this company.
    Here is the situation I am describing situation that exactly happened to me.
    I graduated from University (in US) in May 2003. Applied for my OPT during Mar 2003 and got it approved in around July 2003. I kept applying for jobs and got opportunity from a company XYZ. This is a company involved in also defence contracts apart from civilian contracts. They hired me and provided me with a project for client ABC. They eventually promised me that they will file my H1B. We kept on sending repeated emails and company verbally mentioned and kept assuring me that H1B has been applied. At one point of time they mentioned that they have my H1B approved and will send me the papers. When we kept on pressurizing for these papers, the company person said kept delaying sending these papers to me.
    Today, with further pressing, we realised that the H1B has not been applied at all. The employer indicated because they somehow missed applying for H1B. My OPT Expired on March 15 2004. If my H1B has not been applied (employer still insists that H1B is applied and it was approved but documentation has been lost and is searching for it), I would be out of status from March 15 onwards.
    Since employer still asserts that H1B is applied, I am still in their payroll. The Company never mentioned that my H1B was not filed, under impression(following previous discussions that H1B is applied), I kept working for 3 more days. This project ended on 18th March 2005. There is recent salary hike letter sent to my home which mentions that my salary was increased and effective from Mar 27, 2004 Onwards.
    If the case is true that my H1B is not applied, I will not be able to work.
    I have so many loans to pay. I already got a job elsewhere and thinking till now that I could transfer my H1B visa.
    Please let me know if we can take a legal action against this company.
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