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AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

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  #1 (permalink)  
Old 04-24-2008, 03:41 PM
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Default Can employers ask for green card processing fees?

I am trying to quit my employer and join another company on AC 21 (haven't joined yet). The current employer is verbally saying that I need to pay about 8k in green card processing fees. Right about the time when labor substitution was stopped, there was also something about employers being restricted from charging fees for green card processing (labor, I140 and possibly I485). Can someone comment on it or post a link that has information about this.
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  #2 (permalink)  
Old 04-24-2008, 03:49 PM
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My employer has similar requirement. If I leave them within one year after receiving GC, I'd be required to pay them 10K. I am not very sure, but what I remember of the rule is that employers cannot ask us to pay for H1B, Labor and I140 fees. However, I don't remember of any rule stopping them from recovering the money that they spent on our GC process if we leave them.
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  #3 (permalink)  
Old 04-24-2008, 03:55 PM
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When one rule prevents them from asking you for money to process H1 , GC etc..u dont need another rule to "stop them from recovering expenses"..ying ying ..;-)
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  #4 (permalink)  
Old 04-24-2008, 05:40 PM
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Depends on whether you have signed any contract. For my employer, I had to sign a contract before starting the GC process which said that I will have to pay $x if I leave them before y years of getting GC.
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  #5 (permalink)  
Old 04-24-2008, 06:47 PM
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not sure if its of any use,

but during my last h1b stamping, at the consulate they asked me if the company was paying for my GC. in my case, the answer is yes; but not sure what impact wud it make if someone said NO. not sure if the consulate wud doubt a company thinking "well, if u intent on making this guy a future employee for his usefulness to you, then why are u making him pay for your need?"

and by the way; these contracts asking u to pay x$ if u leave before y yrs of getting GC, are they valid ?
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  #6 (permalink)  
Old 04-24-2008, 09:26 PM
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If you did not sign any contract specifying that you'll pay those fees, you are free to go. If you did sign sign contract, read it carefully. If it says that you have to repay fees if you leave after you get GC, you are free to leave BEFORE you get it! In any case, only I-485/AP/EAD fees is your responsibility (including legal fees).
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  #7 (permalink)  
Old 04-24-2008, 10:33 PM
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Default Is your I-140 approved?

Is your I-140 approved and 180 days past on 485? If your I140 is not approved, you need to be careful.
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