Got Laid-offf because no H1B extension

[girishrane]

Hi,

I got laid off today from one of the major major bank. They have been promising me for green card since 2006.I had left only 5 months on H1B. Major paperwork was done until advertising. But They could not file because of govt tarf. But the fact is company is still hiring the people who has same skills that i have. Hiring is happening in this country as well as other countries like Canada , UK , Asia Pacific etc. My question is do i have lawsuit options as I was laid off because of VISA situation?

[BigJoe5]

You have not provide enough detail for a serious response.

Was this your 1st H1-B? In your initial 3 yr period? Had they filed a labor cert? An I-140? Had you filed a I-485? Have you had extensions before? Are you dealing with AC21 portability issues?

Did they just find someone better qualified? What could be the basis of a lawsuit?

[girishrane]

Yes This was my First H1B and I completed 5.5 years with same bank. They were suppose to file for PERM but just could not do because of layoff situation. I have all emails about saying that I have enough time and they will definitely file. I have not had any extension before. I dont know what is AC21. In the sister organization they moved people with similar case to Canada. Unfortunately I was transferred to current organization(within same company but different entity) year back and HR here said they are not interested in doing all paperwork for canada and will find another option. My Current job with another perm employee (is US citizen also got laud off) is offloaded to consultants from India.

[txh1b]

H1b is temporary employment. No possibility of a lawsuit. All they owe you is a return fare.

They can hire any schmuck off the street and let you go. You don't even have a wrongful termination lawsuit here.

Even with 5 months left, I think you should have got the message long back as an extension is not possible and labor has to be filed 1 year before the H1b expires.

[girishrane]

Thanks txh1b for the clarification.