Employer forcing me to sign Employee consent before filing 485

[nvr2009]

Hi Experts,

My Company is sponsoring employment based GC. I should not take full time/Part time employment or enguage in business without the written consent of the Company for a duration of (18) Eighteen months after Employee’s GC is approved or for 24 months from the date of this agreement, whichever is longer. I should pay pay all immigration, administrative costs and loss of business revinue if I breach the contract.

When I join the company, they did not ask me to sign any contract. I joined the company with job. Company takes 20% of billing. I paid all visa expenses. I have to sign on Employee consent to file my 485. I have been waiting for 38 months to file 485. If I refer 1 or 2 employees to the company then they let me go early or I should work for atleast 1 year after GC then request the employer to release me.

Has anybody come across this type of problem? I thought of sing the consent now to file 485 and deal with them later. What are my options?

Thank you,

[JoeF]

If you sign it, you are bound by it. It is a legal document that you can't wiggle out later.

If you don't want to sign it, find another employer.

Oh, and you shouldn't have paid for the H1. The employer asking you to pay for the H1 was already a sign that the employer is shady.

[Belle]

Also, it is illegal to charge the employer for LC preparation (attorney fees). You can research to see if having this clause gives you leverage to push your employer afterwards (if they try to collect on it, you can report them, and they will lose a lot more than the measely fees).

However, my answer would be that since there was no agreement at hiring about any of this, I would not sign anything. I would start looking for a new - better - job immediately.

[habeebulla]

Though you shouldn't have paid H1 costs, past is past. So, don't rewind the past. If you have documentary evidence of your H1 cost payment, keep it safe. You may need it in worst case scenario.

Easy route is to sign the contract as is and stay with the employer as the letter states. Another option is, change the consent letter with a limited amount (Eg. $10/$15 K). If you keep the current conditions, it will give the employer an unlimited opportunity of un-affordable sum.

All other option will be very messy and may damage your GC journey very difficult. Good luck

[forum.user]

If possible look for another employer.

[Belle]

Also, it is illegal to charge the employer for LC preparation (attorney fees).

Correction - charge the employee.

[nvr2009]

All,

Thanks for suggestions. I have signed the contract and employer mailed 485 application. If I choose another employer it takes 1 to 2 years to start GC process and receive GC. So it is better to stay with the same employer.

employer deducted all visa (H1 trasfer, extension, Perm, 140 and 485 fees) before tax from my 80% share. I don't have any evidences. It is easy to prove it by calling over phone and show interest to join the company to get conditions on 80% share. Recently I sent email to HR by mentioning I have paid $12k for visa expenses excluding 485. HR did not answer to me but agreed over phone. Same email chain I have used for some other question and received reply.

If I leave the company after 14 months. I have to pay 10 months revenew loss. They should not ask visa expenses. I should refer 1 employee to the company.

I think company should not force any body to sign before filing 485 after waiting for 3 years. I think DOL/USCIS should help me.

I would like to know whether any body has challaged employer with this type of one side contract.

Thanks,

[a0756944]

I would recommend signing the agreement with a fixed contract breach amount to cover the legal expenses..say $15K. It will be prorated for every month of your service after you receive GC. This is easy way to get rid off. That is the best approach and make sure they file GC and get the card in hand.

[trackit]

I would suggest that you look for another employer too! You have an approved 140, so you can port your PD. Once you refile your labor and 140 with a new employer, you will get back in the line. The time to do that will be less than what your ER is stipulating.

However, like Belle, I wonder the validity of such contracts - if they will have any meaning in a court of law, other than a mental hassle that you will have. The labor laws are very strong in US, so you should certainly seek an immigration lawyer's opinion - even if you pay them to get the advice, it will be well worth it.

Good luck!

[aashish1980]

All,

Thanks for suggestions. I have signed the contract and employer mailed 485 application. If I choose another employer it takes 1 to 2 years to start GC process and receive GC. So it is better to stay with the same employer.

employer deducted all visa (H1 trasfer, extension, Perm, 140 and 485 fees) before tax from my 80% share. I don't have any evidences. It is easy to prove it by calling over phone and show interest to join the company to get conditions on 80% share. Recently I sent email to HR by mentioning I have paid $12k for visa expenses excluding 485. HR did not answer to me but agreed over phone. Same email chain I have used for some other question and received reply.

If I leave the company after 14 months. I have to pay 10 months revenew loss. They should not ask visa expenses. I should refer 1 employee to the company.

I think company should not force any body to sign before filing 485 after waiting for 3 years. I think DOL/USCIS should help me.

I would like to know whether any body has challaged employer with this type of one side contract.

Thanks,

\

Dude,

We all knwo that your employer is a shady company which when complained to the USCIS / DOL will definitely get behind the bars....If I were you, I wud have complained to the DOL on DAY 1 when they asked me to pay the H1b fees. Secondly, since you are almost on the verge of getting the GC, I suggest to sign the contract with whatever conditions he is saying.

Anyways you have to be on your employers payroll for atleast 180 days from teh date of I-485 filing as we all know....else you intent of GC will be voided.

After you get GC & your 180 days are over...QUIT YOUR JOB OR GET FIRED AND YOUR WMPLOYER WILL HAVE TO FIND A NEW JOB FOR YOU ASAP COZ HE WILL BE RUNNING YOUR PAYROLL........DONT TAKE UP ANY NEW JOB UNTIL YOU RECOUP ALL YOUR IMMIGRATION EXPENSES FROM YOUR EMPLOYER IN THE FORM OF PAYCHECKS....REMEMBER ONCE YOU HAVE A GC YOU ARE NOT BOUND TO WORK ...YOU CAN RELAX FOR SOME TIME....;-)

YOu employer will be frustrated and will eventully fire you without any issues....once fired you are a FREE BIRD.......AS simple as that.......!

[Scorpio811]

I have a similar kind of situation. What will happen to an approved I 140 in case I file a DOL complaint against an unethical employer?

[habeebulla]

nvr2009,

I know you already signed the consent letter and moved on. However, just asking some questions....

Do you have an employment contract? If yes, what does it say? It cannot say your salary in terms of percentage. So, there must be some number in the contract. So, a litigation may (at present there is no reason for that) complex the situation. So, forget whatever happened in the past. Hopefully, your employer will change attitude going forward. If not, change the employer after the contract period.

[flyby001]

Hello I too am in the same situation. My employer wants me to work for him for two years after he files my 485. I am just keeping my mouh shut for the moment. Once I have the GC I will take legal opinion.

[Shurap1]

Hello I too am in the same situation. My employer wants me to work for him for two years after he files my 485. I am just keeping my mouh shut for the moment. Once I have the GC I will take legal opinion.

All,

Thanks for suggestions. I have signed the contract and employer mailed 485 application. If I choose another employer it takes 1 to 2 years to start GC process and receive GC. So it is better to stay with the same employer.

employer deducted all visa (H1 trasfer, extension, Perm, 140 and 485 fees) before tax from my 80% share. I don't have any evidences. It is easy to prove it by calling over phone and show interest to join the company to get conditions on 80% share. Recently I sent email to HR by mentioning I have paid $12k for visa expenses excluding 485. HR did not answer to me but agreed over phone. Same email chain I have used for some other question and received reply.

If I leave the company after 14 months. I have to pay 10 months revenew loss. They should not ask visa expenses. I should refer 1 employee to the company.

I think company should not force any body to sign before filing 485 after waiting for 3 years. I think DOL/USCIS should help me.

I would like to know whether any body has challaged employer with this type of one side contract.

Thanks,

Well no body can (and should NOT) help you. Why did you sign the contract? In spite of people telling you that BY LAW you are not required to pay the labor certification costs and still you paid. And now expect DOL to help you?

It tells that you willing to do ANYTHING for GC but problem you actually screwing your professional career.

[JoeF]

Hello I too am in the same situation. My employer wants me to work for him for two years after he files my 485. I am just keeping my mouh shut for the moment. Once I have the GC I will take legal opinion.

Once you sign something, you are bound by it. Only completely one-sided contracts would be invalid.

Getting a legal opinion after signing a contract is rather misguided. Get one before signing.

[tkj1970]

All,

Thanks for suggestions. I have signed the contract and employer mailed 485 application. If I choose another employer it takes 1 to 2 years to start GC process and receive GC. So it is better to stay with the same employer.

I would say you did the right thing. Your current priority is getting GC. If you join another employer, you never know what hurdles they bring into picture. after all it's just 18-24 months.

[Belle]

Well, if filing for a green card mere 1 to 2 years later is all that it is for you, then don't come back complaing that your shady emplyer screwed you (and I am pretty sure they will). You sold your life for the green card, too late to claim it back.

[ven7782]

nvr2009 what kind of employer do you work for? I am sure he is some shady desi consultant. No STD company I know of does this kind of thing.

[trackit]

Amen, to that, Belle!

[MayEB2I]

\

Dude,

We all knwo that your employer is a shady company which when complained to the USCIS / DOL will definitely get behind the bars....If I were you, I wud have complained to the DOL on DAY 1 when they asked me to pay the H1b fees. Secondly, since you are almost on the verge of getting the GC, I suggest to sign the contract with whatever conditions he is saying.

Anyways you have to be on your employers payroll for atleast 180 days from teh date of I-485 filing as we all know....else you intent of GC will be voided.

After you get GC & your 180 days are over...QUIT YOUR JOB OR GET FIRED AND YOUR WMPLOYER WILL HAVE TO FIND A NEW JOB FOR YOU ASAP COZ HE WILL BE RUNNING YOUR PAYROLL........DONT TAKE UP ANY NEW JOB UNTIL YOU RECOUP ALL YOUR IMMIGRATION EXPENSES FROM YOUR EMPLOYER IN THE FORM OF PAYCHECKS....REMEMBER ONCE YOU HAVE A GC YOU ARE NOT BOUND TO WORK ...YOU CAN RELAX FOR SOME TIME....;-)

YOu employer will be frustrated and will eventully fire you without any issues....once fired you are a FREE BIRD.......AS simple as that.......!

This is a great advice. I totally agree.

Quit your contract...not the job(employment with your current employer).

But brief ur client manager about ur situation. So, u ll probably have an option to join the client in future.

One thing I am not very sure here is: "180 days from teh date of I-485 filing"

I know there is no hard and fast rule on the number of days. But in general whats the guideline. Is it 6-12 motnhs after filing 485 or is it 6-12 motnhs after getting GC?

I read an article on Murthy.com itself a while back on this...But cudnt find the link. Can someone post the link please?

[murphyd]

Well you stuck with this employer for GC inspite of known issues. You knew very well , what you were getting into. Slog it for 2 more years and you a free bird.

[bvsamrat]

Compared to other H1B EB3 candidates languishing for more than 10 years waiting for their GC , you might be getting faster GC within 3-4 years due to whatever practices and now you wanted to bypass and wriggle out of that. I hope this type of questions would not be asked These give only frustation to gunine candicates who follow regular paths,career goals and other ideas to other aspirants.

[montecarlo]

^{I think these kind of contracts are fairly common. But asking to sign a contract before filing 485 is unusual. I too signed a contract which says I have to stay with the company for 3 years after getting GC, but it was signed even before they started the labor process. All expenses are covered by the company (H1B, extensions, labor, I-140 and I-485, EAD/AP including dependents). I think 3 years is a fair deal since I have not paid a single penny for myself or dependents for immigration purposes.}

^{In your case, I would suggest get your GC, fulfill the contract and then you will be free with no legal hassles.}

[JoeF]

Compared to other H1B EB3 candidates languishing for more than 10 years waiting for their GC , you might be getting faster GC within 3-4 years due to whatever practices and now you wanted to bypass and wriggle out of that. I hope this type of questions would not be asked These give only frustation to gunine candicates who follow regular paths,career goals and other ideas to other aspirants.

I haven't always agreed with you, but on this I agree.

[flyby001]

As I said I am in the same situation and may be there are a bunch of us like this. I plan to take up the issue legally when the time comes i.e after I have the GC in hand. Why do not we all facing such problem unite and see what best we can do. Just jumping the employer may be risky. Or as some one suggested get fired and ask him for pay is a fantasy. Lets look at more practical approached.

I am sure Murthy's lawyer can comment on how valid a contract like that would be. Its just black mailing by the employer or squeezing one to file his 485..