Posted by: pyaradeshbasiharu October 25, 2009
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"Even after H1B holding company issues legitimate termination letter, can we seek help of DOL for the pay stubs for the bench period after the termination date? "
No you can't!! Provided that Your company has given you termination letter and you have received it and If Your former Employer had sent H1b termination to the USCIS..They played safe..However you can claim reasonable Fare to go back to your home country when your H1B was terminated..That's the Obligation of the Employer...
Yes, there was not even a Bench Period with Your previous Employer..By the Look of things i am pretty sure that they have sent H1B termination request to USCIS , and that may be cause You Don't have I94 Attached to Your H1B Petition..
You can't File WH4 with DOL because you were not an employee of that Company after the Termination letter..
For Everyone,
A piece of Advice, To maintain Status on US if u r on H1B, switch to Different Status(B1/F1) as soon as as u feel that you are Loosing Your Current Project /Job.
If the Employer is not paying the amount mentioned in LCA, File WH4 with DOL immediately, that will maintain Your status.After u file WH4 and employer knew it and tries to terminate u after u filed WH4 , you are Protected by WHistle Blower protection ACT and it will again Substantiate your Claim with DOL.
Hope it helps