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H1B Cancellation After WH-4 Complaint -- Please Share your thoughts

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  • H1B Cancellation After WH-4 Complaint -- Please Share your thoughts

    Hello Experts,
    What type of action you could take against employer if employer files a H1B cancellation with out knowledge of employee's DOL WH-4 complaint already filed against them?

    Please share your knowledge on this.....

  • #2
    If the employer cancels it as retaliation, then employee could file another WH4 for firing as a retaliation to WH4 complaint. IF DOL rules in favor of employee, the company has to pay back wages and hire the person back too.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Originally posted by txh1b View Post
      If the employer cancels it as retaliation, then employee could file another WH4 for firing as a retaliation to WH4 complaint. IF DOL rules in favor of employee, the company has to pay back wages and hire the person back too.

      Hi,
      Thanks for your info.
      If the employer files H1 cancellation once they come to know that the employee filed a complaint then it is a DOL violation.
      If the employer doesn't know that the employee filed a complaint then how does DOL consider? In this case the employee not sent any email. But told them in phone conversation.

      Comment


      • #4
        Employer can terminate an employee anytime as employment is at will.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment

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