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  #1 (permalink)  
Old 09-28-2007, 10:46 AM
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alex99 is a jewel in the rough alex99 is a jewel in the rough alex99 is a jewel in the rough alex99 is a jewel in the rough
Default GC Sponsorship by Employer and Legal commitment to work for Him.

My Employer is paying for my Family GC Expenses (Myself, Wife, and Daughter). I have been working for him for the last 3 years. At the time of Filing my Labor, I have signed a letter (Just a letter on Company Letter Head) and faxed him the copy and the Original is with me. The letter says I have to pay back all the expenses for my GC if I leave the Employer before my GC approval time + 6 months.

My priority date is July 2006 in EB3 and 485 was filed on July 3rd. Based on the current trend it might take another 4 to 5 years to get my GC. My employer pays me very less and is not willing to give any hike in near future.

After 180 days (AC21), I want to change my employer. In the above scenario, can my present Employer sue me if I leave him? Please suggest…

Thanks in advance,
Ashok...
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  #2 (permalink)  
Old 09-28-2007, 10:51 AM
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alex99 is a jewel in the rough alex99 is a jewel in the rough alex99 is a jewel in the rough alex99 is a jewel in the rough
Default Bumping

Please advice....
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  #3 (permalink)  
Old 09-28-2007, 10:56 AM
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rambo45 is on a distinguished road
Default

It is possible that the employer may sue you. But since you would be finding a new job, you can always ask your new employer to give you a sign-on bonus which will be equal to or greater than the expenses demanded by your present employer.

Thats my 2 cents worth.
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  #4 (permalink)  
Old 09-28-2007, 11:00 AM
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partha_vus has a spectacular aura about partha_vus has a spectacular aura about partha_vus has a spectacular aura about
Default It's upto you

1. You can negotiate with him and pay and leave.
2. when you are on benach if he is not paid you the salary you can also sue him/threat him.


Again if you have a good relations ship then you can negotiate with your employer. Always leave with good terms.
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  #5 (permalink)  
Old 09-28-2007, 11:03 AM
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alex99 is a jewel in the rough alex99 is a jewel in the rough alex99 is a jewel in the rough alex99 is a jewel in the rough
Default Faxed copy only

Can the employer sue me with a Faxed copy(Signed by me on the Company Letter head.

Is this a Valid Legal Bond?.
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  #6 (permalink)  
Old 09-28-2007, 11:03 AM
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Smile

Quote:
Originally Posted by rambo45 View Post
It is possible that the employer may sue you. But since you would be finding a new job, you can always ask your new employer to give you a sign-on bonus which will be equal to or greater than the expenses demanded by your present employer.

Thats my 2 cents worth.
You say your employer is paying you very little. Is it the same as what is mentioned in Labor Cert or your H1 petition?
If that is the case you could actually contact DOL/USCIS and report him for fraud. This also involved some risk on your part if your current pay is less than what is mentioned on H1 petition.
Alternatively if you get better pay with your new employer then you could use that to pay your current employer (wouldn't be more than $5000 if you are paying him the going rate for GC). Would be a lot less hassle that way.
Anyway most people pay for their green card procesing out of their own pocket. So don't think of the employer paying your GC as free lunch
Regards.
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  #7 (permalink)  
Old 09-28-2007, 11:22 AM
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alex99 is a jewel in the rough alex99 is a jewel in the rough alex99 is a jewel in the rough alex99 is a jewel in the rough
Default any body in the same boat?

any body in the same boat?
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  #8 (permalink)  
Old 09-28-2007, 11:38 AM
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485InDreams can only hope to improve
Default

Though he can sue you...there are more chances he won't do that ...it would be collateral.....

As per the agreement, you should be with your employer till your GC...ok fine...If you leave him after 180 days...suppose if he sues you....
1)You can always reciprocate in kind saying that he didn't pay you on Bench....Which will be a problematic for his company run...
2)You can also say that he don't have any development center here and he is jus forcing you to some requirement in which you are not comfortable with...
3)If he is some desi consultancy company...he would have definetly modified your resume before floating it in the market...If you take those things in the court..he will be in trouble...

Even if he wins...the maximum thing is you have to do is to work with him right...go back to him....perform bad in all the interview...take paid rest for 3 to 4 months...he himself will fire you....

rememeber DOL/USCIS always favours us and not employers....they are trying there best to reduce the desi consultacy company....single complaint will do to get the black mark...employers do know this...the reason they always play it safe...

he will threaten you...but he won't do anything...he knows its waste of money for him ....

Best of luck...
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  #9 (permalink)  
Old 09-28-2007, 11:48 AM
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Default

Most likely the employer will not go thru the suing process to recover $4000, he will simply put you in his black book.
At the max, you will not have the luxury of asking experiences letter or any other document you may/may not need now or in the future.
3 years is a pretty long time and I believe you should negotiate with him and leave proffesionally.
That way, even if you do not pay, you always keep the option open of paying him when you need him later. ( I know it sounds repulsive, but depending on other circumstances, like how much did he keep out of the billing rate and what other benefits he was giving you and many other factors) should contribute to your resigning deal with him.
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  #10 (permalink)  
Old 09-28-2007, 12:54 PM
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s_r_e_e will become famous soon enough s_r_e_e will become famous soon enough
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Even if he sue, all you may need to pay is the expenses (lets say, at the worst 10K ) according to ur contract.

if u find a new job with 10k hike, you can pay off this from first years salary ... remaining 3-4 year's(until ur GC) 10K is for you to keep

Quote:
Originally Posted by alex99 View Post

After 180 days (AC21), I want to change my employer. In the above scenario, can my present Employer sue me if I leave him? Please suggest?

Thanks in advance,
Ashok...
________
HERBAL VAPORIZERS

Last edited by s_r_e_e; 09-15-2011 at 04:04 AM.
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