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ARB on H-1B Back Wages: Batyrbekov v. Barclays Capital

December 05, 2014 (1 min read)

Naomi Schorr writes: "This case is important because it's the first gloss on the leading case, Amtel Group of Florida, Inc.  Amtel set the three-part test that an employer must meet to effect a bona fide termination of an H-1B employee: It must notify the employee, notify USCIS, and offer to pay return transportation.  This new case holds that when an H-1B employee changes employers (in this case, the employee ported,) the original employer is no longer liable for back wages." - Batyrbekov v. Barclays Capital, July 16, 2014.