Judge Ronnie Abrams
The Labor Department (DOL) permitted Headstrong to employ Indian citizen Gupta between 2006 and 2009. U.S. Citizenship and Immigration Services (USCIS) approved Gupta's H-1B nonimmigrant worker status between April 24, 2006, and Nov. 8, 2007. Headstrong's Nov. 16, 2006, letter informed Gupta that his employment was terminated effective Nov. 27. Although Headstrong allegedly informed him that it would not inform USCIS to cancel his H-1B petition, Headstrong allegedly notified USCIS that Gupta's H-1B petition could be cancelled on Jan. 15, 2007. In his suit against Headstrong and DOL, Gupta signed a Dec. 6, 2012, stipulation that DOL deemed its administrative record incomplete and that DOL should further consider if it erred in finding Gupta's complaints untimely. District court dismissed Gupta's claims against Headstrong. The court lacked jurisdiction because Gupta's remedies under §1182(n) of the Immigration and Nationality Act were not exhausted. His stipulation provided that his request for an investigation was to be reconsidered by DOL's Wage and Hour Division (WHD). Thus, Gupta's claims were still being considered under the administrative scheme set forth in §1182(n).
