Employer forcing me to sign Employee consent before filing 485

[Belle]

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.

Sure. But genuine immigrants who don't cut the corners have something more important to show for it - a career, satisfaction with their jobs, and often their wait is less relevant since they work for the employer they would be working for, anyway. At the end, those who cut corners tend to get screwed, anyway, and they end up without career or the green card.

[nvr2009]

Many employees signed the same contract before filing 485. I heard the same from my friends now a days because EB2 dates are moving faster.

my employer did not do any thing other than visa support. I have no choice to sign the contract. My client sponser GC only after completion of 1 year. I can move to vendor or client but it may easily around 2 years to become free bird. I will request my employer to releave me after completion of 1 year. If they forced me to complete the contract period then I will see options like employee rights in my state. As per I know, employer has only one reason "loss of revenue" if I leave early. But employer told me some employees quit without notice after they got GC.

[must_get_gc]

People here in the forum have one thing in common. Get Green card. In that process, some times some people encounter peculiar situations. This is just one of them. Determine what is important. If your passion is green card then you would have not asked this question in this forum.

No one is going to get you green card without some sacrifice. Employer has all the rights because ultimately he is going to issue the EVL without which it is hard to get green card.

This trend has started among employers recently because several people became eligible to adjust status within 2 to 3 years of entering US on H1/L1. The employers are just trying to make sure that they are recovering the amount of money had it taken 4 to 5 years for you to apply for adjust status. Things have become very hard for desi consultants nowadays with so much uncertainity in bringing people on H1. They are just trying to recover their share.

Either don't complain and just move along with the employer or just quit your employer, pack up and go back to your home country. Sorry if I am harsh but no one will choose the second one but will always choose with lot of fuss.

[flyby001]

Will not the contract bind you to stay with the employer. How can you just quit once you get the GC. What is then the purpose of the contract ?

[JoeF]

This trend has started among employers recently because several people became eligible to adjust status within 2 to 3 years of entering US on H1/L1. The employers are just trying to make sure that they are recovering the amount of money had it taken 4 to 5 years for you

For a real employer, the amount for the GC are peanuts.

The office space for the employee costs more.

Things have become very hard for desi consultants nowadays with so much uncertainity in bringing people on H1. They are just trying to recover their share.

Well, then these consulting companies may want to change their business plans, if they can't make enough money in the consulting business.

In other words, companies can not use their bad business decisions as excuse.

[nvr2009]

If the contract is both sides then it is my responsibility to complete it. I signed on this contract forcefully and employer did not asked me to sign any contract when I join the company. I would like to hear from the people who face this type of un-ethical contracts. I don't want to break the contract. I would like to challange employer by considering my rights.

must_get_gc, I don't need your dirty suggestion or this type of suggestions from any body. I am not complian to you. It may help people who faces this type of contracts.

Employers contract should be meaningful. My employer takes 20% of billing and pay only employer taxes. How can u think that employer recover expenses by making me to work for 5 years by forcing me to sign such contracts.

[cap-gap]

. Why do not we all facing such problem unite and see what best we can do. . ..

wow..thats creative..

dont forget that you are supposed to have an intent of working a "permanent" job for the sponsor..

any effort on your part to contradict it may boomerang on you...

even in the rare case that the contract is deemed illegal, and if this prctice is indeed prevalent as you say, then it may be a start of a new chapter , gc revocation, like they are doing with 140 revocations thats been going on in the last couple of years..

[flyby001]

Lets continue with this thread. Many are facing the same situation. Get your experience here and we will find a solution.

[nvr2009]

All desi companies aim is to bring people into board to start gc and keep them till they get gc. as per law employees should work for more than 6 months. I am going to do the same thing. If employee quit immediately after receive gc then employer can revoke gc. how can employer revoke after completion of more than 6 months just because employee breech the dirty contract. Big companies ask 6 months or 1 year contract because they spend gc expenses. small companies takes their share and demands this type of contracts.

[nvr2009]

I try to talk with my employer several times about the contract but he says sign on the contract to submit 485. Other alternate way to comeout early is refer 2 employees. company with this type policies cannot bring people into the board. So they started this type cheep technics. I told them if you have this type of contracts who perfer to join

[must_get_gc]

>>>> my employer did not do any thing other than visa support

Wow. what a statement? People coming to US don't realize that they landed in US ONLY because of their employer. Without someone sponsoring for a visa how come one can get into US?

All I am saying look from their side as well. No one complained when they were working in their home country. No one complained about how much money their home country employers were making when they were employed in their home country.

People mentality changes the moment they land in US. The first nagging question is - how much my employer is earning because of me? How can I jump to a permanent position making twice of what I am making now? It was happening that way until H1 transfers became risky for everyone.

People completely forget the fact the amount of money they are earning in US because of his employer.People can simply say their employer just provided visa services.

I would say the employer was trying to save his rights. If you do not like it you should not have signed the contract. There is no point in discussing this further because people will use this topic just to vent their heart burns. Trust me. No one is going to do anything aginst their employers even after getting green card.

[flyby001]

Just jump and vanish without trail. That is the only solution. If the employer still finds you out face him like a lion. They have their weaknesses. They take money even for H1 filing and transfers, they do not spend a cent on your GC.... Above all, except for bringing you to the US what else have they done. Have they paid you when you were out of job, have they trained you with any specific skills, have they shown you a job you are interested in or at the location you preferred....

[cap-gap]

If the contract is both sides then it is my responsibility to complete it. I signed on this contract forcefully and employer did not asked me to sign any contract when I join the company.

you made a very good point...the employer assured his consent to support your 485 by filing LC, 140 etc without a contract..and then when you have used your H1 duration by sticking with him he is forcing the contract..

Employment contracts can be argued to be void by menas of Duress, Undue influence and Unconscionability..note the words in the bold and put it in an e-mail when u want to quit..

having said that, I thought the wave of recent WH4 wiped out the unfit consutling companies..seems even the ones survived have the same core...their lifeline is not the loopholes in the system but the people that join them...hope this will be the final lesson for everybody involved..

[flyby001]

Who ever put the above comments, great job. This sought of guidance is what is required. Not adding salt to injury by saying were you sleeping while signing the contract or who asked you to sign or missing on career bla bla bla....

Every one wants a GC at some point. Basically allows you stay at one place with a permanent job. This is what the stupid consulting companies are capitalizing on. They to want to make profit no doubt. But how much ? Bas***ds sit on their a**e all day, employ a couple of gora's to face the clients and make a $1000 on each consultant every month. Can't speak a sentence of English correctly and Bas***ds want to become rich and compare them selves with a professional.

[JoeF]

Employment contracts can be argued to be void by menas of Duress, Undue influence and Unconscionability..note the words in the bold and put it in an e-mail when u want to quit..

Of course, that would depend on the wording of the contract.

A one-sided contract that puts most or all of the burden on one side and nothing or almost nothing on the other side is likely not enforceable. That's the unconscionability stuff.

Similarly, a contract signed under duress, e.g., you show up to work, having just flown over here from your home country, and the employer says, "sign this or go back". Such stuff would also be very unlikely to hold up in court.

having said that, I thought the wave of recent WH4 wiped out the unfit consutling companies..seems even the ones survived have the same core...their lifeline is not the loopholes in the system but the people that join them...hope this will be the final lesson for everybody involved..

The stuff with the WH4 is the easy stuff to root out. Non-payment of salary, etc. That cut-and-dried.

Employment contracts are a rather different beast. There is nothing wrong per se with employment contracts, except if they were signed under duress, are unconscionable, etc.

That is harder to show, and can result in having to defend yourself in a lawsuit. Just putting the magic words in an email when you want to quit may not help. It looks a bit like bluffing, and unless you are willing to follow through, it can backfire.

[flyby001]

One of my contracts say's "signed at arms length". There are always such terms to make sure that one cannot get away using the terms Duress, Undue influence and Unconscionability. Desi's are more intelligent in these aspects then the gora's.

Simple is, when you get an opportunity that you think is worth taking up just JUMP. The desi consulting guy if given an opportunity to be a "king" wont he leave every thing and JUMP.

[Belle]

Who ever put the above comments, great job. This sought of guidance is what is required. Not adding salt to injury by saying were you sleeping while signing the contract or who asked you to sign or missing on career bla bla bla....

Every one wants a GC at some point. Basically allows you stay at one place with a permanent job. This is what the stupid consulting companies are capitalizing on. They to want to make profit no doubt. But how much ? Bas***ds sit on their a**e all day, employ a couple of gora's to face the clients and make a $1000 on each consultant every month. Can't speak a sentence of English correctly and Bas***ds want to become rich and compare them selves with a professional.

So, what would ever keep you with that employer? I mean, seriously... Your green card? And you need your green card - for what? To change job to a better employer? Well, just do it. If you are good enough, there is a good employer who will take you on an H1 and will file your case. Those jobs are few and far between, but you already have a $hitty job that is not few and far between, and there is only upside. Oh, your green card will take 1-3 years longer? Well, if your career and your dignity is not worth that wait, then you are in a wrong place asking the wrong question.

[Belle]

People here in the forum have one thing in common. Get Green card.

Well, no. For some of us here the green card is the end goal, and they are to get at any cost. They will slighter, lie, and sleep with their employer to get it. And there are some of us who are in this country to have a career and a good life. For them, the green card is just means to the end goal. And you never give up your end goal (career and good life) just to get the means.

[tkj1970]

Well, no. For some of us here the green card is the end goal, and they are to get at any cost. They will slighter, lie, and sleep with their employer to get it. And there are some of us who are in this country to have a career and a good life. For them, the green card is just means to the end goal. And you never give up your end goal (career and good life) just to get the means.

Well before getting green card, you were also probably in the other boat.

[JoeF]

Well before getting green card, you were also probably in the other boat.

I don't think Belle was.

I do know for sure I wasn't. If my employer had treated me badly, I would have left in a heartbeat. My dignity is worth more than any piece of plastic.

[greenm]

I agree with Belle and JoeF that chasing a piece of plastic than focusing on your career and your family is way more important. However, to imply that a greencard does not make a difference in stability in either your career or family or your ability to have the freedom of choosing whatever job you want or opening a business in this country is ignoring the realities, especially in this dire economy where finding a job is tough and that no job is guaranteed even if you are performing well. How are you supposed to invest your future in this country, like buying a house, sending kids to school and raising a family without the sword of uncertainty hanging over your head. And to say that, either you adapt to this lifestyle of uncertainty or leave the country does not solve the problem. The current system is an abomination that needs to be reformed asap.

[JoeF]

The current system is an abomination that needs to be reformed asap.

That may be, but reform is unlikely to happen as long as even immigrants are not united.

Case in point is HR3012, with some immigrants perfectly happy to screw over other immigrants. Stuff like that makes real reform impossible.

It is already hard to reform things, and then making it even harder with an abomination like HR3012 is just beyond belief.