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  1. #1
    Join Date
    May 2009

    Default Legal Recourse

    In 2008, I graduated college and accepted a job offer working for "Bank A" in North Carolina that was acquired by a bigger bank (Bank B) during the recent financial crisis. When I took the job, I had several other job offers overseas as well, but took this job offer because it was here in the US, and Bank A had promised to apply for an H-1B visa in April.

    Come February 2009, Bank B, who now owns Bank A, decides to implement a policy not to apply for any H1-B visas, as well as not extending any current H1-B visas. I took a look at USCIS' recent law for Banks that accepted government bailout money. An exerpt is as follows:

    EAWA does not apply to:
    ĽA petition to extend the H-1B status of a current employee with the same employer.
    ĽA petition seeking to change the status of a current U.S. work-authorized employee to H-1B status with the same employer.

    My question is if there is some kind of legal recourse to enforce the promise made by Bank A, seeing as there is no legal obstruction for Bank B, which acquired Bank A, to apply for the H1-B? Technically. Bank A still exists as a legal entity and should have no trouble applying for H1-Bs.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Legal Recourse

    When they became insolvent and were taken over by another banking institution, the circumstances under which they were going to apply for an H1B for you changed very substantially. If you're interested in obtaining an H1B visa, realistically speaking, you should be looking for a new employer that will sponsor you.

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