Thank you for your follow-up, Raji. To ensure I do not miss anything, I will respond to each point you make line by line.
Here, I am going out of status because of employer delayed my GC processing.
I am genuinely sorry to hear that and sympathize. But unless there was a contract stating that the employer was contractually bound to complete such a petition for you, it is not something for which you can sue the employer. A promise to apply, which was performed, tends to insulate them from further suit.
if they did not process my GC, i am out of the country and I am loosing my carrier. i can't come back.
An option may be to see if they are willing to allow you to telecommute until the application is decided.
I joined with this company because of GC process, other wise I would have choose other company which is going to maintain my H1 status.
If you can prove that in writing, and prove tha they issued this as a 'perk', then you could arguably have a breach of contract suit. Otherwise a promise to file for you, which was done, is enough to hold them harmless, meaning if you sue, there will be no injury to claim in this instance.
now I don't have sufficient time to move and start my GC process to maintain my status.
See if they are willing to extend the H1B until the GC is completed.