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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109635
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Hello lawyer, for an H1B holder, if the employer cancels the

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Hello lawyer, for an H1B holder, if the employer cancels the H1 with out the intimating the employee and in the employment agreement the terms mentions that 2 weeks of notice required for termination or quit, as an agreement between the employer and the employee, then in that case can the employee sue the employer for no notice period given for cancellation.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.

What are the damages suffered by the employee that resulted in termination without prior notice?
Customer: replied 4 years ago.

1. going out of status and have to make arrangemnents of filing for non protong and getting back to a legal status may be H4.

That's not going to help your status, but you can sue your employer for the cost of your return home if you are not able to file a change of status in time before termination. You can tack on any additional damages that you suffer because of the lack of notice. However, keep in mind that none of that will make any difference to USCIS as far as legal status goes. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.

Customer: replied 4 years ago.

Once the legal status is adjusted by some way and the non immigrant is able to continue to stay in US,


then can the employee sue the employer for breaking of the contract which has the terms mentioned as 2 weeks of written notice by both employee and employer to end the employment.?

Yes, for whatever damages can be quantified into money damages. Please do not forget to rate me positively. As I do not receive a salary, it is the only way that I get credit for my service to you. You are not charged again and I will not abandon you after you rate me positively if you have additional questions. Thank you.
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