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Can a H1B dependent employer displace/ask to relocate a US worker?
Anonymous2 views4 answers
I am a permanent resident of US, working as a full time for a H1B dependent employer. Due to budget cut by client, my company is asking me to relocate. However, company has recently filed H1B extensions for the people at my level having similar qualifications and experience. They are also filing Greencard for few of them, and trying to establish that they are not finding the correct person here.
I cannot ask the employer upfront that why cannot a job which I can do be given to me at my present location, as it will be taken in negative sense. I am not sure what I can do in the current situation. Please help.
Is this is a systemic issue where the employer is treating many US-citizen workers (including and beyond yourself) in an adverse way? I deal with class-action claims against H-1B sponsor employers who exploit large numbers of workers in a systemic way, but before I could evaluate those types of class claims, I'd need to know whether what's happening to you is individualized or part of a larger business practice. That is, whether other US-citizen workers being transferred, or are being denied jobs they are qualified for in favor of lesser-paid H-1B workers, etc.
If you alone are being disadvantaged as a US worker, then I recommend you find an employee-rights attorney in your State. That type of attorney would be best-suited to analyze your rights per individual (non-class) claims under State and Federal laws. You can search for such an attorney at www.nela.org.
