surrational Posted April 22, 2013 Report Posted April 22, 2013 1) Employer is asking to repay all costs incurred in the PERM process and the I-140 application, including fees. 2) I have signed a "Repayment Agreement" before starting the PERM, stating that "employee must repay all costs, if employee leaves the firm voluntarily or gets terminated" 3) New job is different role - will it be an issue starting the PERM all over again, especially since the experience required will not match what I have so far?
Attorney_22 Posted April 22, 2013 Report Posted April 22, 2013 It is advisable to speak directly with an experienced U.S. immigration attorney.
surrational Posted April 22, 2013 Author Report Posted April 22, 2013 agreed, but I want to know if it is legal for the employer to ask me to repay, irrespective of a signed document. Then I can seek legal advise and pay for it.
t75 Posted April 22, 2013 Report Posted April 22, 2013 Some or all of the contract may be enforceable. You have been advised by an attorney to speak with one. Either choose do so to determine the validity of the contract or choose to pay up.
0407 Posted April 22, 2013 Report Posted April 22, 2013 based on personal experience. no portion of PERMS expense can be recovered. I-140 all expenses can be recovered.
Attorney_22 Posted April 25, 2013 Report Posted April 25, 2013 Pursuant to the regulations all costs associated with the labor certification process must be borne by the employer. All other costs at the I-140/485/CP stage can be paid by the Beneficiary/Applicant. To determine the validity of any contract you should consult directly with an employment attorney that is familiar with immigration law.
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