AC21 Question

P

pratham

Registered Users (C)
Dear All-

I am requesting your help on the following, would highly apprecite any feedback

1)Contractual Obligations:

I have a contract with sponsoring company, which contains:

A) Employee shall remain employed with company 1 year after getting the green card,
otherwise Employee has to pay $$$$ as liquidated damages.

B) Employer makes no promise regarding continued employment, The relationship between
Employer and Employee shall always be "AT WILL"


Is this a legal valid contract? Does the second clause nullifies the first one?

I am eligible for AC21

2) I need to invoke AC21, Do I need the labor details, such as the Job Code, Labor Approval Date,
Job Duties, etc...I just know the Job Title mentioned in the Labor


Unfortunately I dont have copy of LC or Labor details and The FOIA is taking approx 2 years
No Hopes from Employer or Company Lawyer. Is there any way I can get this info?
The new Job is in the same field, with same skills and same title.

Can I invoke AC21, In this situation?


Thank you very much for your time
 
why you want to cheat on the employer who sponsored the gc

pratham said:
Dear All-

I am requesting your help on the following, would highly apprecite any feedback

1)Contractual Obligations:

I have a contract with sponsoring company, which contains:

A) Employee shall remain employed with company 1 year after getting the green card,
otherwise Employee has to pay $$$$ as liquidated damages.

B) Employer makes no promise regarding continued employment, The relationship between
Employer and Employee shall always be "AT WILL"


Is this a legal valid contract? Does the second clause nullifies the first one?

I am eligible for AC21

2) I need to invoke AC21, Do I need the labor details, such as the Job Code, Labor Approval Date,
Job Duties, etc...I just know the Job Title mentioned in the Labor


Unfortunately I dont have copy of LC or Labor details and The FOIA is taking approx 2 years
No Hopes from Employer or Company Lawyer. Is there any way I can get this info?
The new Job is in the same field, with same skills and same title.

Can I invoke AC21, In this situation?


Thank you very much for your time
Click to expand...
 
if you have spend 6 months at least then you should be ok

the language seems flawed as you are leaving before GC not after getting the GC so you should be fine, make sure you get your w2 and be prepared that they can withdraw 140 and you are still safe. consultation with a contract lawyer would be good. if the $$$$ is not much then you would be better off negotiating and paying it under the condition that they don't revoke or alt you pay once you get your GC
pratham said:
Nato,

I am not cheating, There are reasons for the change.
Click to expand...
 
Thanks Nato, Kshitij,

Yes My 485 is pending for 3+ years, 140 approved 2+ years.

Appreciate your feedback

Thank you
 
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