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| Life After The Green Card How soon can you leave your employer. All other issues after the green card. |
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#1
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Getting out of employment agreement after GC
Hi,
I am willing to quit my employer after working with them for 21 months and getting the green card two months back. The employer provided a pre-approved labor with concurrent filing and I got into an agreement of paying the employer $20,000 if I quit the company within one year of the I-485 approval (I got it approved in mid-May 2005). The $20K figure is agreed upon as a reasonable expectation of damages that the employer will suffer from such early termination. After green card they didn't give me any raise and I didn't renew my client contract after it ended in July 2005. Now, they have agreed to my condition to look for projects only in Bay Area as we plan to move back there but it's nearly a week and no leads and my vacation hours are paying for my expenses till the end of next week. For the projects that I find the rates are not acceptable as my employer likes to keep more than 40% margin. They have agreed for contract-to-hire positions for six months as a way of leaving the company peacefully. I read in this forum to stick with the employer for at least 6 months of getting the GC but if I were to quit then: 1. what are my chances of not getting into legal hassles too much with my employer? 2. any danger of employer notifying INS about my case? 3. how valid is a clause in my employment agreement that the Employer may terminate the agreement at anytime without cause but the Employee may only do so after giving 4 weeks prior written notice? Thanks, |
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#2
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#3
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Quote:
1. I don't think you are involved in legal battle unless they sue you for breach of agreement to pay 20k. Wow, 20k is a lot. 2. They may be, but i do not think that will take you into deep trouble. 3. I do not know. My understanding is company can terminate employment right today, but they need to pay for some extented period(2 weeks ?). But I do not know..
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EB2, rest of the world. LC(RIR) PD : 4/29/02 LC(RIR) Approved : 11/17/04 I485/I140/EAD/AP RD : 12/15/04 FP : 1/9/05 AP Approved : 2/17/05 EAD Approved : 3/26/05 I485/I140 Approved : 5/24/05 I-551 stamp : 6/3/05 Plastic Card RD : 6/28/05 |
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#4
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I'm sorry about the three posts but I attribute that to my browser error perhaps. I'm using Firefox browser and after trying to send the post for the first time there was a login error message for which I used the back button and tried two more times. Just wanted to clarify that I had no intentions of sending it three times as I do value other's time.
Thanks for the suggestions and though this is a immigration forum and my question is more related to labor law, the comments helped me in making a concrete decision which is to resolve the termination issue amicably with my employer without seeking court intervention. |
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