Extension of H1B status based on emp lawsuit

[ddatta8]

My employer dismissed me and terminated my visa immediately (They have already informed USCIS). I believe the dismissal was unfair.

My question is: If I file a lawsuit against my employer, does that automatically allow me to stay in US till the lawsuit is resolved?

[shervin143]

No. The employer can terminate you anytime for any reason. H1B is an employer's petition. You should either join a new employer immediately and file the transfer or you should leave the country. You cannot maintain the H1B status just beacuse a lawsuit is filed.

You can also consult a good immigration attorney.

[kabkaba]

To add to the above, the employer is responsible for your one-way ticket to home country.

[txh1b]

You have to maintain your own status unless the dismissal was in retaliation to a DOL complaint which is when DOL can reinstate your status if it rules in your favor.

However, file for a COS to B1/B2 to maintain authorized stay in case you want to fight them.