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Job Termination - D-10 Visa?
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Wed Dec 17, 2014 1:25 am    Post subject: Reply with quote

Chaparrastique wrote:
ttompatz wrote:
Leave with a valid complaint on file at the labor board and no worry
.


The labor board will not even consider your complaint until a month or more after you make it.

Thats too late to apply for a D10.


If you file a complaint with the LB and then get fired, the LB will assume that you were fired because you filed the complain. They consider that unjustified. In that case, they will most likely recommend to the immigration guys to let you transfer your visa (to a new employer or D10). You won't have t wait a month. If you QUIT then you'll have a harder time.

So, if you really want to get out of this job and cover yourself, go to the LB and say that you are sure that you'll be fired because the school is doing bad financially and the boss has told you that this will likely happen. Or file a valid complaint about something else if you can. That way, if you DO get fired, you have a very good case to get a visa transfer. Keep in mind that if possible you should wait until you get paid before doing this because it's no unheard of for a boss to flip out and fire someone on the spot for filing a complaint with the LB (valid or not).
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