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  #1 (permalink)  
Old 07-01-2009, 08:24 PM
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arunksaha is on a distinguished road
Red face Returning Green Card Fees on resignation

Situation:
-----------
Employer asks employee to sign an agreement before filing PERM. Per the agreement, if the employee resigns between the day it is signed and till one year after Green Card (yes, the real green card) is issued, then the employee has to pay back the legal fees incurred by the employer.

Question:
-----------
What is the legal basis for such an agreement? If the employee really resigns during that period and matter goes to the court of law, what might be the possible direction?

Does IV has an stand on such situations?

Thank you. Regards,
Arun
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  #2 (permalink)  
Old 07-01-2009, 08:31 PM
RDB RDB is offline
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Our company does that.....but only difference is that it is for 1 year from the date of signing the contract and not after you get the green card

Quote:
Originally Posted by arunksaha View Post
Situation:
-----------
Employer asks employee to sign an agreement before filing PERM. Per the agreement, if the employee resigns between the day it is signed and till one year after Green Card (yes, the real green card) is issued, then the employee has to pay back the legal fees incurred by the employer.

Question:
-----------
What is the legal basis for such an agreement? If the employee really resigns during that period and matter goes to the court of law, what might be the possible direction?

Does IV has an stand on such situations?

Thank you. Regards,
Arun
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  #3 (permalink)  
Old 07-01-2009, 09:03 PM
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gc_dream07 is just really nice gc_dream07 is just really nice gc_dream07 is just really nice gc_dream07 is just really nice gc_dream07 is just really nice
Default Green Card

Somewhere I read that USCIS also expects us to stay with the company at least for one year after receiving the green card if he has not used EAD. If he does not stay, then it can cause trouble during citizen-ship application. I am not very sure and let immigration gurus throw light on this.

Quote:
Originally Posted by arunksaha View Post
Situation:
-----------
Employer asks employee to sign an agreement before filing PERM. Per the agreement, if the employee resigns between the day it is signed and till one year after Green Card (yes, the real green card) is issued, then the employee has to pay back the legal fees incurred by the employer.

Question:
-----------
What is the legal basis for such an agreement? If the employee really resigns during that period and matter goes to the court of law, what might be the possible direction?

Does IV has an stand on such situations?

Thank you. Regards,
Arun
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  #4 (permalink)  
Old 07-01-2009, 09:34 PM
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desi485 has a reputation beyond repute desi485 has a reputation beyond repute desi485 has a reputation beyond repute desi485 has a reputation beyond repute desi485 has a reputation beyond repute desi485 has a reputation beyond repute desi485 has a reputation beyond repute desi485 has a reputation beyond repute desi485 has a reputation beyond repute desi485 has a reputation beyond repute desi485 has a reputation beyond repute
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Quote:
Originally Posted by gc_dream07 View Post
Somewhere I read that USCIS also expects us to stay with the company at least for one year after receiving the green card if he has not used EAD. If he does not stay, then it can cause trouble during citizen-ship application. I am not very sure and let immigration gurus throw light on this.
NOT TRUE, if you don't know please do not scare others. As far as one remains in his own profession e.g. progrmmer, job change is perfectly fine.

Besides to answer OP, in my knowledge such agreements in which there is no fixed time is defined (like 12 months) are not valid. check with attorney. One my friend was in similar situation that he can not move till 2 years (if and) when he gets GC. He checked and lawyer said it is invalid and just a scare tactic. He moved on with AC-21 almost a year back and no issues so far.

so speak to a good attorney and enjoy freedom!
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  #5 (permalink)  
Old 07-02-2009, 12:23 AM
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Default Ha ha ha...

Quote:
Originally Posted by arunksaha View Post
Situation:
-----------
Employer asks employee to sign an agreement before filing PERM. Per the agreement, if the employee resigns between the day it is signed and till one year after Green Card (yes, the real green card) is issued, then the employee has to pay back the legal fees incurred by the employer.

Question:
-----------
What is the legal basis for such an agreement? If the employee really resigns during that period and matter goes to the court of law, what might be the possible direction?

Does IV has an stand on such situations?

Thank you. Regards,
Arun
1 Year after receiving the REAL GREEN CARD !!!

He must be kidding OR he wants you to work for rest of your life.

EB3/EB2 (I) with PD 07/2009 --> Life will be really, really miserable.
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  #6 (permalink)  
Old 07-02-2009, 01:25 AM
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Default I signed the same..

Quote:
Originally Posted by arunksaha View Post
Situation:
-----------
Employer asks employee to sign an agreement before filing PERM. Per the agreement, if the employee resigns between the day it is signed and till one year after Green Card (yes, the real green card) is issued, then the employee has to pay back the legal fees incurred by the employer.

Question:
-----------
What is the legal basis for such an agreement? If the employee really resigns during that period and matter goes to the court of law, what might be the possible direction?

Does IV has an stand on such situations?

Thank you. Regards,
Arun
Infact, I signed the agreement to stay with my employer for 2 years after obtaining my GC. Even though I have every intention to stay with my employer till the end, I got laid off. So, have to start the GC all over again as I do not have EAD
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  #7 (permalink)  
Old 07-02-2009, 09:48 AM
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Default

Quote:
Originally Posted by arunksaha View Post
Situation:
-----------
Employer asks employee to sign an agreement before filing PERM. Per the agreement, if the employee resigns between the day it is signed and till one year after Green Card (yes, the real green card) is issued, then the employee has to pay back the legal fees incurred by the employer.

Question:
-----------
What is the legal basis for such an agreement? If the employee really resigns during that period and matter goes to the court of law, what might be the possible direction?

Does IV has an stand on such situations?

Thank you. Regards,
Arun
You should negotiate with your employer. It is OK to discuss with your HR and tell them that currently it is taking several years for obtaining a GC. In some cases it may even end up in decades. You can tell your GC sponsoring employer that you are willing to sign an agreement that has a definate period, say 3 years. Make sure your manager feels that your request is reasonable and take him/her along to meet the HR and discuss.

As far as i know it is considered normal for someone to change jobs in 3-4 years and move on. Offcourse, i do not mean you tell your HR but it is implied.
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  #8 (permalink)  
Old 07-02-2009, 02:05 PM
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How about signing another agreement with employer that he would not lay off the employee until Green card is issued!
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  #9 (permalink)  
Old 07-02-2009, 02:41 PM
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Quote:
Originally Posted by desi485 View Post
NOT TRUE, if you don't know please do not scare others. As far as one remains in his own profession e.g. progrmmer, job change is perfectly fine.


No, he/she is reporting a genuine concern... What you're saying is AC21 before GC is approved. But once GC is approved with an employer, you need to remain with them for some time otherwise you will have the burden of proving, during citizenship, that the GC application is not a fraud. How long you have to stay with the employer is not mentioned and might be considered case by case. Some attorneys like Murthy suggest to stay for at least 6 mo. Some think 1 year is a safe period. But I have never heard of a citizenship case denied because of this.



Besides to answer OP, in my knowledge such agreements in which there is no fixed time is defined (like 12 months) are not valid. check with attorney. One my friend was in similar situation that he can not move till 2 years (if and) when he gets GC. He checked and lawyer said it is invalid and just a scare tactic. He moved on with AC-21 almost a year back and no issues so far.

so speak to a good attorney and enjoy freedom!
DISCLAIMER: I am not an attorney and this is not a legal advice
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  #10 (permalink)  
Old 07-02-2009, 04:50 PM
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Quote:
Originally Posted by yagw View Post
DISCLAIMER: I am not an attorney and this is not a legal advice
Hi, can you share any link, if there is any statute on this which says one must work for 1 year after GC? In fact the law allows one to file GC as future employee and get GC and CTzenship while never actually working for that employer (some say working for 180 days is enough at any point for an employer in gc journey). I am not trying to look down at some one but trying to clarify what I learnt from online research, so that no one makes bad decision due to wrong fear.

DISCLAIMER: I am not an attorney and this is not a legal advice.
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  #11 (permalink)  
Old 07-03-2009, 10:26 PM
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yagw is a splendid one to behold yagw is a splendid one to behold yagw is a splendid one to behold yagw is a splendid one to behold yagw is a splendid one to behold yagw is a splendid one to behold yagw is a splendid one to behold
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Quote:
Originally Posted by desi485 View Post
Hi, can you share any link, if there is any statute on this which says one must work for 1 year after GC? In fact the law allows one to file GC as future employee and get GC and CTzenship while never actually working for that employer (some say working for 180 days is enough at any point for an employer in gc journey). I am not trying to look down at some one but trying to clarify what I learnt from online research, so that no one makes bad decision due to wrong fear.

DISCLAIMER: I am not an attorney and this is not a legal advice.
There is no clear rule which states that you need to work for 1 year for the sponsoring employer after getting GC. It just requires that, you do not have any preconceived notion of leaving the employer immediately after getting the GC. That would create problem in the citizenship stage. And the burden is on you to prove that it is not your intention when you applied GC. So, attorneys advice their clients to stick around for a while (6-mo to 1 year).
* For Sheila Muthy's take on this:
MurthyDotCom : 485 FAQs
* For Rajiv Khanna's take on this:
How soon can I leave the employer after I get my GC - ImmigrationPortal Forums
* I see Ron Gotcher has a different take (from your link)

You can search the web for lot of discussions on this topic. BTW, as I mentioned, I have never heard of any case denied because of leaving employer immediately after GC.

DISCLAIMER: I am not an attorney and this is not a legal advice
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  #12 (permalink)  
Old 07-03-2009, 10:47 PM
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yagw is a splendid one to behold yagw is a splendid one to behold yagw is a splendid one to behold yagw is a splendid one to behold yagw is a splendid one to behold yagw is a splendid one to behold yagw is a splendid one to behold
Default

Quote:
Originally Posted by yagw View Post
There is no clear rule which states that you need to work for 1 year for the sponsoring employer after getting GC. It just requires that, you do not have any preconceived notion of leaving the employer immediately after getting the GC. That would create problem in the citizenship stage. And the burden is on you to prove that it is not your intention when you applied GC. So, attorneys advice their clients to stick around for a while (6-mo to 1 year).
* For Sheila Muthy's take on this:
MurthyDotCom : 485 FAQs
* For Rajiv Khanna's take on this:
How soon can I leave the employer after I get my GC - ImmigrationPortal Forums
* I see Ron Gotcher has a different take (from your link)

You can search the web for lot of discussions on this topic. BTW, as I mentioned, I have never heard of any case denied because of leaving employer immediately after GC.

DISCLAIMER: I am not an attorney and this is not a legal advice
btw, how did i go from one red to two reds? i guess i need to stop posting since i am unwanted here...
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