Are promissory notes legal?

[katrina0007]

i have an employment issue.

I just got my Family Based Green Card, the problem is i want to quit my current employer, the question is .. CAN I?

i was initially on a H1b visa - and in the beginning i had signed a promissory note of 33k for a 3 yr contract which states that i need to pay them if the contract is breached, but i worked for them for 2 yrs 3 months now and they have not renewd my H1B visa(which expires every 3 yrs) since they knew i was going to get my GC through my Husband.

the intial H1B was valid for 3 yrs and they kept making me sit (jobless) when they could not find any assignments for me, this prolonged my contract with them . (i am travelling physical therapist , so they send me on new assignments around usa)

My husband lives in MD and i am in IN, this is making our relationship difficult. I am on a travelling position & thy refused housing allowance. On enquiry, they said that is not a part of contract, i was helpless since i was on a visa i continued working. It is a known fact that travelling health professionals are paid housing allowance. But the same is available for US citizens-- according to their website. I have NOT borrowed any loan from them for my education, they initially paid me 1,500 $ as a start up bonus and paid for the initial H1b around 2000 $, all i know is they have recovered more than what they spent on me, as i have worked for more than 2 yrs. They also were due on renewing my H1b which would expire sept 2012, but my green card saved them that money (2000 $). I also could be paid 10 $ more (per hour!) + housing allowance, if i worked on my green card for other employers. 33,320 $ leaves me with a prorated 9450 $ for the next 9 months if i choose not to work for them. Please help!!

[pontevecchio]

You should get in touch with a Labor Lawyer in your state and get his take on the legality of the situation.

[rahul412]

i was initially on a H1b visa - and in the beginning i had signed a promissory note of 33k for a 3 yr contract which states that i need to pay them if the contract is breached, but i worked for them for 2 yrs 3 months now and they have not renewd my H1B visa(which expires every 3 yrs) since they knew i was going to get my GC through my Husband.

All you have to do is,just give him a two week's notice and leave that company. Breaching the contract is different from ending the contract. And you can say any reason for ending the contract.

[JoeF]

A penalty for leaving an H1 job early is illegal as per 2 CFR 655.731. All they could ask for is liquidated damages. And that gets lower the longer you work there, because the employer makes a profit from you working there.