Process of submitting the documentation

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A French citizen received an H-1B visa for a job in the United States in 1995. She changed jobs in 1996, receiving a new H-1B visa. She worked until 1998, when she attended graduate school under an F-1 student visa. While a student, she completed a four-month internship with a com- pany that ultimately offered her a position. Her formal offer letter stated that the company "will sponsor you for your H-1B visa. When you start work we will begin the process of submitting the documentation necessary for you to obtain your H-1B visa." Both parties believed that the visa would be in effect through 2005. It was subsequently discovered that the visa would expire in 2003. A plan to transfer the employee to the company's Dublin office for a year and possibly bring her back thereafter was proposed but not put into effect because the employee insisted on receiving a statement of the employer's intent in writing. The employee ceased working for the company when her visa expired. Was the employer negligent or otherwise in violation of some legal obligation to the visa holder? Why or why not? (Lucas v. NCR, 2005 U.S. Dist. LEXIS 5571)

Reference no: EM131006716

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