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Termination on H1B without prior notice

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  • Termination on H1B without prior notice

    I attended a H1B visa interview at Chennai consulate an year back and I received my passport with the visa stamped recently. I was informed by my manager that he will keep the position open untill I reach US with the visa. The position is still vacant and they have not hired anyone.But there is problem with the HR manager.Due to hassles with H1B extension and PERM the HR manager does not want to offer me this position now.I have pleaded to the employer, but my manager is still willing to take me but because of the HR policies he is helpless.
    I never received any termination letter from my employer so far. I have continued to send emails on the status updates on a weekly basis to my manager about the administrative processing in the last one year. Now when I sent an email to my HR manager, he is terminating me today. Can I file a lawsuit or a complaint with Department of Labor for racial discrimination or unfair treatment.

    Precisely speaking, I should have been intimated well in advance that I do not have a position.HR manager is against indians and was very reluctant to offer a position on the first hand. What are my legal options ? Can I send a form WH4 form to Wage and Hour division?

    Please help.

  • #2
    You will need to consult a lawyer who is experienced in immigration and labor matters. They will tell you if you have reasonable grounds for suing.
    You cannot complain to DOL since you don't have unpaid wages. Also, in the US employment is at will. So neither you nor the employer is required to give any notice before termination. Employers are also not required to hire foreigners either, in fact they need to make a good faith effort to hire US Citizens and LPR's.
    This is my opinion and not legal advice.