Employer needs Contract before filing I-485

[h1b2green]

Dear Members-

I am in the final stage of Green Card filing where my employer demands the following contract be signed before proceeding my case to USCIS for approval.

I will be working with (X company) during my I-485 process and at least for 1 year after my I-485 petition is approved. I will be responsible for penalty of x amount. If I breach this agreement clause, legal action can be taken against me.

My employer is asking me to sign on the company letterhead.

x is a very big amount ..

Any advice or help regarding this will be helpful..

(a) Is this type of contract/bond is executable ?

(b) What are my options is my case

Thanks in advance ....

[JoeF]

The I-485 is your application, not the employer's. You don't need the employer's approval to file it.

Such contracts are between you and the employer. If you sign it, you will be held to it.

If you don't want to stay with the employer, go somewhere else and start over. The employer can revoke the I-140, of course.

[h1b2green]

Thanks for the reply. I did go and speak to 2 lawyers. Here is what they said.

(a) This is not enforcable in court of law even if you had to sign it under pressure, since it is no way aligns with the terms of contract offereed during employment.

In my case I had to sign it because he was in posession of all my documents and only way to get it out was to sign the paper. :(.

Not happy but no option too.

[JoeF]

In my case I had to sign it because he was in posession of all my documents and only way to get it out was to sign the paper. :(.

That's signing under pressure, under duress. Keep documentation for that. If push comes to shove, it may indeed be possible that a court invalidates it.