Posted by: pyaradeshbasiharu October 25, 2009
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Unicorn,
You r not getting the Big Picture..This guy's contract was terminated couple of months ago and Pretty much sure that his comapny had informed USCIS about the Termination..Once the Employer-Employee Relationship doesn't exist he is "Out of Status" ..Transfer with ppl not being in status doesn't come with I-94 attached with it..Plain and simple..His lawyer did the right thing by not asking for COS(Which i think he did)..
"as any employer would give a minimum of 14 days notification before terminating any employee....If they still haven't done this...as said go to DOL, and you have a chance to get your pending wage......."
Not necessarily, employer doesn't have to give any notification days for terminating employer..there is nothing about this in H1B rules..There is no question abt pending wages..He was given termination letter on a given day and after that date he is not an employee of that comapny, plain and simple..What he can get is the Airfare to fly back to Nepal..That's the employer responsibility and he can Knock the DOL for that..
Last edited: 25-Oct-09 09:11 PM