Can i file case on my previous employer

[Justicek]

Can I file a case on my employer
I worked with a company 5 years ago on H1B2011-2014 in Bloomington,IL.While working with them, Due to the wrong information given by the company's immigration team on H1B rules, my H1B work permit got denied. Even after the repeated attempts from my end to get the correct information, I was given wrong information. I had to leave the county at short notice, I lost my job and the family was under lot of stress during this time. Company did not offer any help from their end during this time. I want to file a case/sue my previous employer for giving the wrong information. Is it possible to file a case for this?

 

[Just Blue]

Can I file a case on my employer
I worked with a company 5 years ago on H1B2011-2014.While working with them, Due to the wrong information given by the company's immigration team on H1B rules, my H1B work permit got denied. Even after the repeated attempts from my end to get the correct information, I was given wrong information. I had to leave the county at short notice, I lost my job and the family was under lot of stress during this time. Company did not offer any help from their end during this time. I want to file a case/sue my previous employer for giving the wrong information. Is it possible to file a case for this?

What state?

 

[Justicek]

What state?

This was in IL

 

[justalayman]

What sort of wrong info was provided and to whom was this wrong info provided?

 

[not2cleverRed]

The company did not have to even try to sponsor you for an H1B visa in the first place.

Unless there was a contract that was violated, I do not see that you have anything remotely approaching a cause of action. Clearly your skills were not so highly valued that your employer could not do without them.

 

[Justicek]

What sort of wrong info was provided and to whom was this wrong info provided?

It was on the duration of H1B and my eligibility to continue to work in US beyond the 6 years term. I wasn't sure if it's wrong interpretation of the rules or intentional.

 

[justalayman]

It sounds like you failed to understand the rules of the program prior to accepting it. I cannot imagine you weren’t informed of the 6 year limit during your application process.

As to the duration of the H1B: are you saying the employer stated it would be for a longer period than you were allowed to stay? An employer can terminate the relationship prior to the end of the agreed upon period as long as they pay the costs for your return trip to your home country.

 

[Justicek]

It sounds like you failed to understand the rules of the program prior to accepting it. I cannot imagine you weren’t informed of the 6 year limit during your application process.

As to the duration of the H1B: are you saying the employer stated it would be for a longer period than you were allowed to stay? An employer can terminate the relationship prior to the end of the agreed upon period as long as they pay the costs for your return trip to your home country.

Yes, employer stated that I can stay longer than 6 years. I have asked them multiple times on this. I have copy of the email conversation with them.

 

[justalayman]

Well, if you had read all of the rules of your visa as you applied you would know that isn’t true.

But there is a possibility of reapplying for a new view after you have returned to your country for 1 year although due to president trumps thoughts on the subject, I wouldn’t depend on it happening


So, based on your further discussion I don’t see any basis for a suit. The employer stating what he has, even if an absolute lie, is easily discoverable by you. In fact it is something you should have already known. It is possible the employer is not fully aware of the rules of your visa and was speaking of what he would like to happen not knowing it can’t. I don’t see such ignorance as actionable

 

[not2cleverRed]

It was on the duration of H1B and my eligibility to continue to work in US beyond the 6 years term. I wasn't sure if it's wrong interpretation of the rules or intentional.

So, you got your initial H1B visa (3 years) and something went wrong extending it. It is still unclear to me what was the "incorrect information", but if your employer intended on continuing your employment, and had an "immigration team" on the payroll, then that's pretty much all the help that's to be expected of them.

Yes, employer stated that I can stay longer than 6 years. I have asked them multiple times on this. I have copy of the email conversation with them.

Yes, if you get the H1B visa extended, you can stay longer.

However, H1B visas are not intended to be extended indefinitely. A wise immigrant (which most legitimate H1B visa holders are) knows that there are other visas that can be applied for, so that they can continue their time in the US, and files accordingly.

It's been 5 years.

Your former employer owes you nothing.

Pull yourself together and move forward with a new plan.

 

[cbg]

It is far more likely that the employer misunderstood than that they deliberately lied to you. However, even if I am wrong and they knowingly and deliberately lied in their teeth about the length of time your visa can be extended, you still cannot sue them for not providing something they are legally prohibited from granting.