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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 5210
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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This question might be routed to Jen Marie, Esq. if possible as I've been getting help from that Attorney regularly.
This question is in continuation with my previous post on H1B but was not sure how to continue the old one, so started a new thread on it.My Question: As we discussed earlier, I was supposed to quit the company and avail 60-days grace period to find a suitable job within 60-days and get H1B Transfer. However, few days before my employer informed me that I've been on bench for a long time and they can either send me back to India or terminate me. And eventually I was terminated. They have informed me about this on one fine Wednesday and I wrote 2-emails for clarification. They never responded me and terminated me. Later when I was asking about the Experience Letters, Relieving letters, CORBA etc., there is no response. Also, since 1-month, they have not paid my salary too. Please advice what is the proper termination process. I feel that I've not given a final notice and post termination procedures. And how does this gap of my salary leads to consequeces for me for H1B transfer and for them. Please help with clarifications.
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 1 month ago.

Hello, my name is***** & I will be the immigration attorney helping you today. I'm reviewing your question and will be with you in a few minutes.

Expert:  Jen Marie, Esq. replied 1 month ago.

Unfortunately by law there is not a proper termination process. If they have chosen to do it via phone or email, that is enough. They do not have to issue you a final notice or follow a certain procedure. They do not have an obligation to response to your emails or calls after. It is not illegal. However, they are supposed to pay you any salary that they owe you for time you worked. You can sue them if they owe you salary but that is it.

From the last time they paid you, that is when your H1B status expired. From that time you now have a 60 days grace period. You must have another H1B filed for you (transfer) or leave the US before those 60 days are up.

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