Employment agreement (After sending docs to them)

[gimme_GC2006]

My employer is asking me sign an agreement now (after sending the documents to them for filing)

The agreement reads something like,

I should not take any other full time/part time until GC is approved or 3 years from the date of filing whichever is earlier.

If I breach the contract I will be liable for legal costs for enforcing this contract.



Is there a way out?
Should I sign and go ahead with GC.
at present I dont have plans of quitting for who knows.
I just dont want to sign any bond..I have been with them for 3 years.

[jonty_11]

I dont think u have an option .......if u want to file 485.. with this Company..u have to sign..unless u think u can convince them...unlikely.

If you signand file 485....and need to change jobs..ask ur new company to pay for the breach of contract...or pay urself...

[vallabhu]

Just make sure you talk about monitory benefits and other benefits before you sign contract, Things Like

1) your employer cannot not cut your salary.
2) Ask to you to work extra hours
3) Continue 401K if he is currently contributing
4) Paid Vacation to be continued.
5) Medical insurance
6) etc...
think of any benefits you are currently enjoying.

Make sure you have all these clauses as part of your contract.

[yetanotherguyinline]

I think such contracts are illegal, so sign it and then switch when you have to. It's going to be pretty hard to enforce such contracts anyways, so your employer will negotiate with you when you quit.

[mbartosik]

If you make sure that they include a lines like:

1) In the event that I140 or GC approval is denied, the commitment is waived.
2) In the event that you are laid off, sacked, or otherwise not provided with work, or otherwise not paid, or are not paid in full within 14 days of the due date, the commitment is waived.
3) During this period your salary will not be decreased for any reason, your hours will not be increased, and salary will be increased at least at the average rate of other comparable employees.

They might agree to above amendments.

Then if you want, after GC just get yourself sacked. That should be easy enough. In the mean time you can have fun thinking of ways to get yourself sacked.

For example, if you went on long term sick leave, you can argue that they agreed not to decrease salary (thus they must pay), if they don't the commitment is automatically waived :-)


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Also consider filing yourself, as long as they would give you the support letter. Unlikely but it could just be the cost of filing that make them think of this, most likely they are just being abusive and that wouldn't help.

[mbartosik]

also consult a lawyer, ideally one that specialized in employment law (not immigration law).
If the contract is illegal or unenforcible then great!

[gimme_GC2006]

Originally Posted by vallabhu

Just make sure you talk about monitory benefits and other benefits before you sign contract, Things Like

1) your employer cannot not cut your salary.
2) Ask to you to work extra hours
3) Continue 401K if he is currently contributing
4) Paid Vacation to be continued.
5) Medical insurance
6) etc...
think of any benefits you are currently enjoying.

Make sure you have all these clauses as part of your contract.

No monetory benefits with this company.
Its a desi company. SO no paid leave, no paid vacation, no performance assessment at the end of year (lol), no 401K nothing.

[DCQC]

Originally Posted by gimme_GC2006

No monetory benefits with this company.
Its a desi company. SO no paid leave, no paid vacation, no performance assessment at the end of year (lol), no 401K nothing.

It is illegal for an employer to get any contratc signed from employees, so dont attach much importance to it. Quit when you want to after you are safe to do so.