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abhijitkumbhar1
03-31-2012, 11:14 AM
Hi
employer is asking to sign an agreement committing I stay at least one year after GC approval. It is asked after EAD is approved.
He just asking me to sign on a paper and send it to him. Is such signed document legally binds me?

Is it really necessary to sign it? I dont want to get in any trouble if he doesnt cooperate with further process....

Regards
Abbey potter

Don M. Lee
03-31-2012, 02:57 PM
Before sign discus with some lawyer.

fide_champ
03-31-2012, 06:49 PM
Hi
employer is asking to sign an agreement committing I stay at least one year after GC approval. It is asked after EAD is approved.
He just asking me to sign on a paper and send it to him. Is such signed document legally binds me?

Is it really necessary to sign it? I dont want to get in any trouble if he doesnt cooperate with further process....

Regards
Abbey potter
There was a rule that a person should work for sponsoring employer for 2 yes after gc
But after AC21, the period was reduced to 6 months. Most EB based employees serve those 6 months while waiting for 485 approval. So the answer to your question is NO. Don't sign the bond.

CRAZYMONK
04-03-2012, 08:04 AM
There was a rule that a person should work for sponsoring employer for 2 yes after gc
But after AC21, the period was reduced to 6 months. Most EB based employees serve those 6 months while waiting for 485 approval. So the answer to your question is NO. Don't sign the bond.

There is never a 6 months rule. It is always better to stay 6 months only because to answer a question while applying citizen ship down the line after getting the GC.

The intensity of the bond lies in the language that is in it and also the state you live in. Some states doesn't consider the bonds. I would definetly negotiate with employer first for reducing it to6 months and if not, consult a good lawyer and get his pair of eyes on it.

fide_champ
04-03-2012, 12:54 PM
There is never a 6 months rule. It is always better to stay 6 months only because to answer a question while applying citizen ship down the line after getting the GC.

The intensity of the bond lies in the language that is in it and also the state you live in. Some states doesn't consider the bonds. I would definetly negotiate with employer first for reducing it to6 months and if not, consult a good lawyer and get his pair of eyes on it.

It is a green card requirement and not a bond. When you are applying for a green card in EB category, you are specifying in the labor certification that there is a requirement for such a position in certain company. Since the company cannot find local candidates, they are sponsoring an immigrant visa for a person from a diff country. It is fair on part of USCIS to expect you to work for the sponsoring employer for certain period after obtaining the GC. That's all the rule states. If you change jobs before the specified period, the onus is on you to prove that your green card application is legitimate and not a fraud.

After AC21, the rules has been modified and you have to wait for 180 days after filing 485 before changing jobs. Thus it is assumed that 6 months stay is required after obtaining GC but if you have served 6 months already then you can change after getting the GC as per AC21 law.

pappu
04-03-2012, 05:10 PM
It is a green card requirement and not a bond. When you are applying for a green card in EB category, you are specifying in the labor certification that there is a requirement for such a position in certain company. Since the company cannot find local candidates, they are sponsoring an immigrant visa for a person from a diff country. It is fair on part of USCIS to expect you to work for the sponsoring employer for certain period after obtaining the GC. That's all the rule states. If you change jobs before the specified period, the onus is on you to prove that your green card application is legitimate and not a fraud.

After AC21, the rules has been modified and you have to wait for 180 days after filing 485 before changing jobs. Thus it is assumed that 6 months stay is required after obtaining GC but if you have served 6 months already then you can change after getting the GC as per AC21 law.
This is false information.
There is no such rule. Please quote the actual rule memo or law . We posted about it and even challenged people. The challenge still stands.

fide_champ
04-03-2012, 06:16 PM
This is false information.
There is no such rule. Please quote the actual rule memo or law . We posted about it and even challenged people. The challenge still stands.

My information is based on recommendations from some popular web-sites. There is no law stated for this explicitly. Your intent will be questioned during your naturalization process if they suspect a fraud but many a times i've heard the IO doesn't notice of your job change at all.

Here is the link to one such web-site that has the information:

MurthyDotCom : I-485 Approval Possibility Issues: Job Changes (http://www.murthy.com/news/n_485job.html)