Can a H1B dependent employer displace/relocate a US worker?

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Can a H1B dependent employer displace/relocate a US worker?

I am a permanent US resident working with a H1B dependent employer. Due to budget cuts at the client site, company has asked me to relocate. At the same time, they have filed H1B extensions for the people performing same job and role similar to me. As per company policy, I have to relocate or eventually they will terminate me from the position. I came across on Department of Labor website that company cannot relocate a US worker if they are filing H1B for similar positions in last 90 days. What are my rights in this situation and what can I do?

Asked on April 18, 2012 under Immigration Law, Arkansas

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There are specific facts about the matter that would need to be known in order to be able to assist you.  It is not possible to give a blanket answer that would encompass all situations.  You should probably discuss it with an immigration attorney in your area to understand if there are any issues upon which you can file a complaint against your employer.


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