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  #1 (permalink)  
Old 01-18-2012, 11:16 AM
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Default 3 year contract issues with the employer

My employer made me sign a contract that after getting my Green Card, if i were to move on to new opportunities outside then i would:

100% liable for the green card cost within the first year form the date of my Green Card approval

66% liable for the green card cost between the 2nd and 3rd year form the date of my Green Card approval

33% liable for the green card cost between the 3rd and 4th year form the date of my Green Card approval

Has anyone signed a contract like this with their employers and i was wondering how can i negotiate such an agreement with my employer.
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  #2 (permalink)  
Old 01-18-2012, 11:23 AM
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Quote:
Originally Posted by harrydr View Post
My employer made me sign a contract that after getting my Green Card, if i were to move on to new opportunities outside then i would:

100% liable for the green card cost within the first year form the date of my Green Card approval

66% liable for the green card cost between the 2nd and 3rd year form the date of my Green Card approval

33% liable for the green card cost between the 3rd and 4th year form the date of my Green Card approval

Has anyone signed a contract like this with their employers and i was wondering how can i negotiate such an agreement with my employer.
Tell them that with the current wait times you are essentially being asked to sign a document saying that you will remain an employee for >5 years. Instead ask them to prepare a new clause saying that you will remain for 3 years from the initial date of hire or the date when they started to file your GC (NOT "after" getting your GC) or else be liable to pay the cost. Just an opinion.
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  #3 (permalink)  
Old 01-18-2012, 01:07 PM
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Tell employer you would sign it after validating contract with DoL.

Quote:
Originally Posted by harrydr View Post
My employer made me sign a contract that after getting my Green Card, if i were to move on to new opportunities outside then i would:

100% liable for the green card cost within the first year form the date of my Green Card approval

66% liable for the green card cost between the 2nd and 3rd year form the date of my Green Card approval

33% liable for the green card cost between the 3rd and 4th year form the date of my Green Card approval

Has anyone signed a contract like this with their employers and i was wondering how can i negotiate such an agreement with my employer.
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  #4 (permalink)  
Old 01-18-2012, 01:15 PM
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Default signed

I signed it prior to applying for my Green Card. But i have been with them for 5 years already and still do not have my Green card. The contract would be valid only after i receive my Green card.

I'm thinking of switching my employer after getting my Green Card. My question is can i negotiate with them based upon my time spent with this employer (5 + years).
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  #5 (permalink)  
Old 01-18-2012, 01:27 PM
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Quote:
Originally Posted by harrydr View Post
I signed it prior to applying for my Green Card. But i have been with them for 5 years already and still do not have my Green card. The contract would be valid only after i receive my Green card.

I'm thinking of switching my employer after getting my Green Card. My question is can i negotiate with them based upon my time spent with this employer (5 + years).
It looks like a scare tactics..
How much amount does your employer spent for your green card? Suing for GC money is not easy for small companies, only big companies have resources to do it...
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  #6 (permalink)  
Old 01-18-2012, 01:40 PM
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Default

Quote:
Originally Posted by harrydr View Post
I signed it prior to applying for my Green Card. But i have been with them for 5 years already and still do not have my Green card. The contract would be valid only after i receive my Green card.

I'm thinking of switching my employer after getting my Green Card. My question is can i negotiate with them based upon my time spent with this employer (5 + years).
Just a thought may be experts can throw some light:

If you have already filed your 485 and waited for 180 days switch the employers and inform USCIS that you no longer wish to work for the GC sponsoring company and you found a new employer with same or similar job duties (AC21), so you are not even employed with original employer at the time of GC approval, your GC approval is based on the employment verification from new employer. It will take some time to receive your GC may be lets say 2 years. so even after 2 years if the old employer approaches you to pay back the money you hire an attorney to sue the company that they employed unfair practices(bonded labor). The only thing you will lose in the worst case is the attorney fees and GC money (USD 10000 at most).

It is not easy for small companies to sue the employees over the GC money as it attracts attention from DOL. Only big companies with dedicated resources do that. so think about it.

I thought that an employer can revoke an approved I-140 in the worst case but never heard of suing employees for GC cost.
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  #7 (permalink)  
Old 01-18-2012, 02:28 PM
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Originally Posted by dslstart View Post
tell employer you would sign it after validating contract with dol.
lol!!!
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  #8 (permalink)  
Old 01-18-2012, 02:52 PM
Irs Irs is offline
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Default

Quote:
Originally Posted by harrydr View Post
My employer made me sign a contract that after getting my Green Card, if i were to move on to new opportunities outside then i would:

100% liable for the green card cost within the first year form the date of my Green Card approval

66% liable for the green card cost between the 2nd and 3rd year form the date of my Green Card approval

33% liable for the green card cost between the 3rd and 4th year form the date of my Green Card approval

Has anyone signed a contract like this with their employers and i was wondering how can i negotiate such an agreement with my employer.
If you can shed some light on how the contract is put together it would be possible for other like me to suggest you something..
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i-140 approved on 08/12/2010
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  #9 (permalink)  
Old 01-18-2012, 02:54 PM
Irs Irs is offline
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Irs has a spectacular aura about Irs has a spectacular aura about Irs has a spectacular aura about
Default

Quote:
Originally Posted by harrydr View Post
My employer made me sign a contract that after getting my Green Card, if i were to move on to new opportunities outside then i would:

100% liable for the green card cost within the first year form the date of my Green Card approval

66% liable for the green card cost between the 2nd and 3rd year form the date of my Green Card approval

33% liable for the green card cost between the 3rd and 4th year form the date of my Green Card approval

Has anyone signed a contract like this with their employers and i was wondering how can i negotiate such an agreement with my employer.
If you can shed some light on how the contract is put together(ike does it include salary/benefits etc., etc.,) it would be possible for other like me to suggest you something.. l
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i-140 approved on 08/12/2010
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  #10 (permalink)  
Old 01-18-2012, 04:02 PM
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Default

Quote:
Originally Posted by harrydr View Post
I signed it prior to applying for my Green Card. But i have been with them for 5 years already and still do not have my Green card. The contract would be valid only after i receive my Green card.

I'm thinking of switching my employer after getting my Green Card. My question is can i negotiate with them based upon my time spent with this employer (5 + years).
When I was requested to do this by my employer (no malicious intent on their side just a routine thing) I clearly told them that for ind/chin it takes 10 years and that it is not realistic to expect anybody to sign such a statement. They withdrew that clause from the offer immediately. Since you have already signed it there is no going back and undoing it unless you can get a memo from your employer saying that you are off the hook having completed 3 years of service.
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  #11 (permalink)  
Old 01-18-2012, 04:06 PM
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Default

Quote:
Originally Posted by harrydr View Post
I signed it prior to applying for my Green Card. But i have been with them for 5 years already and still do not have my Green card. The contract would be valid only after i receive my Green card.

I'm thinking of switching my employer after getting my Green Card. My question is can i negotiate with them based upon my time spent with this employer (5 + years).
There might be a possibility since your contract explicitly says "after obtaining green card" on the basis of being an unrealistic contract/expectation. Consult with an attorney who deals with such matters (not immigration attorneys).
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  #12 (permalink)  
Old 01-18-2012, 04:24 PM
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Default How much is the GC cost?

Get the GC cost also in the contract, it's max 10K. Since you really want to move away from him, they must be paying very less. Take a FT job with a big company after your GC, where your salary and benefits, and career/life will be much larger/better than 10K!

Quote:
Originally Posted by harrydr View Post
My employer made me sign a contract that after getting my Green Card, if i were to move on to new opportunities outside then i would:

100% liable for the green card cost within the first year form the date of my Green Card approval

66% liable for the green card cost between the 2nd and 3rd year form the date of my Green Card approval

33% liable for the green card cost between the 3rd and 4th year form the date of my Green Card approval

Has anyone signed a contract like this with their employers and i was wondering how can i negotiate such an agreement with my employer.
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  #13 (permalink)  
Old 01-18-2012, 08:45 PM
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Originally Posted by gfor_gc View Post
A general strategy to get out of such bonds, perform so poorly that company will find you a burden a lay you off.
Lol.

But usually they have something saying that if they fire or if you leave, in both cases they would need you to pay the amounts. Big pharma company also asked me to do this. I am not sure how far they would go with the contract, but If the employment switch brings more benefits than you are liable then it is probably best to switch and think about paying later when they SUE you or ask you to pay.
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  #14 (permalink)  
Old 01-19-2012, 10:37 AM
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Smile Cuurently

The issue now is that i became current in January 2012 and i already have the receipts for the 485 submissions. If i don't get my GC within the 180 days, then i can switch employers using AC21.

The way the contract is written only applies after i get my GC and i know at least 3 other employees who were on L1 visa and the lawyer used the EB1 category for them to get them the GC. These 3 colleagues have much less time withing the company then me. I have spent over 5 years and they have less than 5 years with the company.

The basis for my argument could be that i have spent more time than these employees and it's the country limits that cause the delay for Indians to get their GC. The other 3 employees are from Brazil and Germany respectively.

So i plan to discuss this with the HR once i get my EAD and AP in hand. Wait out the 180 days and try to switch. In case of successful passage of HR3012, i can still negotiate based upn my time spent with the company.

Thoughts, experiences, feedback are appreciated.
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  #15 (permalink)  
Old 01-19-2012, 10:39 AM
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Default

Quote:
Originally Posted by harrydr View Post
The issue now is that i became current in January 2012 and i already have the receipts for the 485 submissions. If i don't get my GC within the 180 days, then i can switch employers using AC21.

The way the contract is written only applies after i get my GC and i know at least 3 other employees who were on L1 visa and the lawyer used the EB1 category for them to get them the GC. These 3 colleagues have much less time withing the company then me. I have spent over 5 years and they have less than 5 years with the company.

The basis for my argument could be that i have spent more time than these employees and it's the country limits that cause the delay for Indians to get their GC. The other 3 employees are from Brazil and Germany respectively.

So i plan to discuss this with the HR once i get my EAD and AP in hand. Wait out the 180 days and try to switch. In case of successful passage of HR3012, i can still negotiate based upn my time spent with the company.

Thoughts, experiences, feedback are appreciated.
Don't get into details now. Wait for 180 days. At that stage you can discuss.
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