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H1b and how to deal with termination?

Saint Louis, MO |

I am working in USA on H1b. My employer sent me to client place and I worked there. I gave 2 weeks of notice and resignation to my employer and updated the client on the same. My employer terminated me on the same day. and now is not picking up the cal nor replying to any of my messages. Lastly I was told that I should not update the client on my resignation. But that was no were written and they are saying that I will not get paid in my last paycheck as I have timesheet approved from client. Please advice

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Attorney answers 2


Technically you are out of status since your date of layoff. I am not sure why you would resign, without putting up another H-1B application in place first. Anyways, whatever the motivation, you are entitled to the salary for the work you have already performed. As to the notice requirement, there is non specified under immigration law. Your contract of employment and local rules are controlling in that matter. Proceed through an attorney, to ensure your status is protected and you get your withheld salary.


You need to talk with an attorney that handles labor claims. In most circumstances your employer is not allowed to "send" you "to client place" if it is a different location than listed on the H-1B petition. And your employer cannot refuse to give you your last paycheck.