Can I go legal on my employer?

[lucky221 0]

I got 3 years of H1, later when we amended the petition, we got only 1 year of h1 with I94. My employer misguided me that Amendment's expiration date is not considered but the initial H1 expiration date is taken into consideration. Later he called me 60 days after Amendment's expiration date and said I was out of status from 60 days but can still work, he also ran 2 payrolls when I was out of status. 

Later I spoke to ****** attorney and I left country immediately and came back on H4. Because of his misguidance I lost my work status and job, is there a way to go legal on him? 

FYI, he also charged me for H1 and Amendment process, I have proofs for these transactions and email conversions. Please advise.

[Crazy Cat 42,033]

What is your status now?  H1? H4? Are you working now?

[lucky221 0]

H4 and No am not working now.

Edited July 21, 2017 by lucky221

[Boiler 45,902]

What would be your damages?

[CEE53147 559]

OP admits to paying for the visa.  This is suspect.

[Coco8 1,042]

I don't know if it will be more trouble for you than for him. Also, I am not sure how much in damages it would be and possibly, the lawyer would keep a bing chunk of it. 

 

If you want to do something, consult a lawyer about reporting the employer rather than suing them. That will give them enough problems. But make sure it won't cause you any problems.

[CEE53147 559]

Employment is at will.  Unless OP has a contract otherwise, she can be dismissed at any time and for any reason.

 

OP is trying to deflect blame when it is on her to keep track of her status and period of authorized entry and work.  She should have obtained her own legal opinion if she were concerned.

 

It appears both she and her employer were not entirely complying with the rules of the program.

 

She can complain to the Department of Labor if she has not been paid for work she has performed. here is no requirement of severance pay.

 

Since OP's spouse must be on H-1B for H4 to be an option, OP should be more aware of the program requirements than someone with no personal exposure to the program.  I would wager that there are other irregularities in the employer-employee relationship as well (like a multi-layer arrangement with inadequate supervision, etc.).

 

This is not a payday for her.