Jump to content
All posts are moderated, so it will take time for your post to appear!
Search In
  • More options...
Find results that contain...
Find results in...
Sign in to follow this  
sam1625

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

Recommended Posts

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

Share this post


Link to post

please consult a lawyer.

 

there are some fees that the employer cannot ask the employee (or beneficiary) to pay like LC process, but for others, it is based on what both parties had agreed upon, if you sign such agreement, employer may forced you to pay the amount.

 

it is best to consult a law firm such as murthy.

 

 

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

Share this post


Link to post

First and foremost, the best thing to do is consult with a qualified, experienced labor / employment lawyer to review the contract / agreement with your employer to determine and assess your options, liabilities.

 

A couple things that may work in your favor ...   Your employer required you to pay all costs associated with your immigration.  Certain of these costs such as those associated with an H-1B visa must be paid for by the employer by law.  Your employer committed immigration fraud by requiring you to pay those costs*.  Thus, the contract / agreement with your employer may be deemed invalid / null and void.  In addition, the contract / agreement with your employer being only signed by yourself maybe another grounds for it to be deemed invalid / null and void.

 

(* You may ever find out that you have grounds to file a complaint against your employer with the state Department of Labor to recover the costs your employer required you to pay that the employer is required to pay by law.)

 

In both these regards, plus requiring you to reimburse the company for costs the employer did not even pay, clearly indicates that your employer is questionable at best, and more appropriately disreputable and fraudulent.

Share this post


Link to post

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
×