Golgol235 Posted January 16, 2012 Report Share Posted January 16, 2012 Hello, My employer made me sign a contract recently to give me documents for filling my I-485. I have been working for him for the last 5 years. I have been on the same project for over 1 year now. The contract says that I should be working for the employer for 1 year after obtaining my greencard or pay certain big $ amount Also, he made me sign a letter addressing to USCIS that my intention is to work for the company at least one year after getting green card. Currently I am on my H1B (when he made me sign the contract). 1) Is this a valid contract? I am working at my client site in Florida and my employer is headquartered in Iowa and but the contract says any litigation pertaining to this contract is to be heard in courts in texas. 2) Does the contract have a valid jurisdiction on me in this situation. 3) If I move say 3 months after I obtain my green card can the employer report to USCIS to invalidate the approved green card Any help is greatly appreciated... Link to comment
livliv Posted January 16, 2012 Report Share Posted January 16, 2012 The employer can sue you for breach of contract. Considering that the employer has spent significant amount of money in your GC application, it is actually fair that they demand some contract. Such contracts are valid in most states. Link to comment
gharik25 Posted January 16, 2012 Report Share Posted January 16, 2012 This contract agreement is not a valid one. Usually Desi employer does these kind of things to make money. you can ditch him after getting your EAD. Complain it to USCIS and your employer will be closed. Link to comment
Golgol235 Posted January 17, 2012 Author Report Share Posted January 17, 2012 Thanks livliv, Can the employer ask USCIS to revoke my a approved greencard as I did not continue my employment with him after obtaining it. Link to comment
livliv Posted January 17, 2012 Report Share Posted January 17, 2012 No, they cannot do that. But, they can sue you as mentioned. You should run all contracts that you sign through your own lawyer before signing. Link to comment
gorantlamk Posted January 17, 2012 Report Share Posted January 17, 2012 It is an unwritten rule that employee and employer maintain the relationship even after employee obtains his/her GC. ther was lot of discussion as to how long should an employee be with their employer. 6 motnhs seems to be very reasonable, which most people agrees upon here. some people say 1 year. So regardless of your contract its wise to be with the employer for atleast 6 months to 1 year. Why would you need your employer to file for I485 in the first place? and why did you sign a contract? Link to comment
MayEB2I Posted January 18, 2012 Report Share Posted January 18, 2012 The intention of USCIS giving you the GC is that you could work with your employer. Though you CAN move away from your employer, you can still get questioned when you go for citizenship. (Regardless of you did signing the contract) Now that you signed the contract, it defntly makes sense to stick to your company. If you are so frustrated with your company, once you get your GC, try taking some time off. Go to India, Go travel around the world, visit your family etc (you can do that only for a max of 6 months) or just take sick leave. They cant sue you UNTIL you join a different company. This might not exactly be a solution to your problem but I am hoping it gives you some relief and possibilty some creative ideas to alleviate your problem. Link to comment
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