My employer filed for my H1B extension and got an RFE. they decided to not to answer my RFE and I repeatedly asked them about my RFE document, LCA, H1b extension petition. Now they just given me the H1b extension receipt and verbally terminate me from the job? how can I get my all other documents? D I have any egel rights?
You can file FOIA request to get the documents that were filed on your behalf. Also, I suggest you see an attorney to consult as to the legal recourse against the company under the State laws.
Verbal termination is not sufficient to escape liability for continued wages payment by an employer. The employer must also notify USCIS of the termination, and give you transportation costs back to the home country. On your other questions, you cannot force an employer to continue H-1B sponsorship if it does not wish to continue. Even if you were to obtain a copy of the H-1B filing and RFE, you have no right to act on behalf of the H-1B petitioning organization to respond to USCIS. You lack legal standing. I suggest that you attempt to work it out with your employer if you wish a copy of the H-1B filing. Many employers do not wish to release such papers because they many times contain confidential company information. Perhaps your employer could redact the parts which are of the most concern to the company. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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