How to leave Employer(I-140 and H1B extended)- after one year got GC from marriage

[sam1625]

Hello,

I have been reading all other posts regarding how to terminate/leave employer legally. There have been many cases I have read, however I didn't find one like I have where one is in.

I am in first year of my Employment based GC process which was started in early 2011 - have I-140 approved and got H1B extended in December 2012 for another 3 yrs.

I was married to GC holder in 2010 started GC process based on my spouse in 2010 October. Early this year my spouse became USC and I received my GC in 6months. 


When I started my Employment based GC process, my employer asked me to pay all the costs, i.e. for filing, H1b extension etc. I also did sign a contract with him, however he didn't sign it as he kept only one place to sign that is for me. Are GC contracts should be mutually signed, i.e. by employer and employee both? 

I would like to know, if I leave him will I be entitled to pay him or be taken to court??????.... as the contract states that if the employee receives GC through another source than employee has to pay this much amount to the company.

Any suggestions will be greatly appreciated.

Thanks

[rahul412]

When I started my Employment based GC process, my employer asked me to pay all the costs, i.e. for filing, H1b extension etc. I also did sign a contract with him, however he didn't sign it as he kept only one place to sign that is for me. Are GC contracts should be mutually signed, i.e. by employer and employee both? 

I would like to know, if I leave him will I be entitled to pay him or be taken to court??????.... as the contract states that if the employee receives GC through another source than employee has to pay this much amount to the company.

 

Asking or paying ANY kind of immigration fee is ILLEGAL. Contact an attorney for help, he can help you in filing a case against your FRAUD employer for asking immigration fee.

[Belle]

Talk to a lawyer. Your contract does not seem to be enforceable.

[pingpong]

Hi Newbie,

 

   Not sure if this answer will help you,

 

1) Perm and H1B : Your employer cannot ask you to pay for the filing or any associated costs. It has to be borne by the employer solely. 

 

2) I 140 & 485 : There is no rule saying that you cannot pay.

 

    In your case i would suggest paying a nominal consultation fee to a lawyer and check with him/her with copy of the contract and check to see if it is valid.

 

      As a layman i can see that your employer was smart enough to not sign it and that itself is a proof enough that it does not stand valid. But again an attorney can best answer that.