Can someone force employment on you?

A

aws

Registered Users (C)
Folks,

I know this is definitely not the right place to put this Q, but since this the most active place in the forum supported by genuine users like you, hence this Q:

My employer is asking me to provide them a written commitment to them that I will keep working for them for next 2 years so that they will not stop my GC process (i.e., at this time, do not WITHDRAW my I140 pending since 10/21/03)

1) Isn't it illegal to ask for such forced employment?
2) Will it stand in court if I commit and quit them before that?
3) All i need is I140 approval so that I can use AC21?

Thanks a lot for your opinions.
 
Dont worry. Give them what they ask.They are not supposed to ask and it dsoe not stand legally. So you dont loose any thing. Be a smart, after your approval join some where else.
 
Nobody can be forced to do anything! Special in this country! If your employeer is paying the fees of your GC card, he may charge you back if you leave before the commitement period. However, if you are sponsoring everything, give him only 2 weeks notice, that's all. If you are affraid and believe your emploeer will withdraw your process, I sugest you to sign the commitment letter, but keep in mind that you can leave anytime.
 
ya i dont think it will be a problem, get your stuff done and leave when you have to. they might penalize you in some ways by not giving some past dues or something but that does not matter in a long run. say bye bye to them when you have to unless you think they could take extreme steps like withdraw 140 or something once you leave.
 
AWS

No-one can force employment. But your company has right to expect you to work if they are processing your Green Card.

If you do not work for that period after GC approval they can put some $ penalty (usually cost incurred on your GC Case) or if it leave them before 1 year after your GC approval they can request BCIS to revoke the GC.

2 years seems a little high. You should be able to negotiate it down to 1 year beacuse I believe the law is : You have to work for GC sponsoring company for alleast 1 year after GC approval or your GC can be revoked.

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But their is exception th this rule : AC21

For this you not only should have I-140 Approved but also 485 pending for 180 days. Also you should find a similar job to be able to use it.

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Folks,

I know this is definitely not the right place to put this Q, but since this the most active place in the forum supported by genuine users like you, hence this Q:

My employer is asking me to provide them a written commitment to them that I will keep working for them for next 2 years so that they will not stop my GC process (i.e., at this time, do not WITHDRAW my I140 pending since 10/21/03)

1) Isn't it illegal to ask for such forced employment?
2) Will it stand in court if I commit and quit them before that?
3) All i need is I140 approval so that I can use AC21?

Thanks a lot for your opinions.
 
thanks to all respondants

folks,

thank u very much for the prompt and encouraging responses.

though, in the back of my mind, i knew that such forceful employment will have no basis to stand, i just wanted to confirm this from you.

being stuck with pending I-140, i will have no choice other than to provide such commitment at this time, but when my "day" arrives, i'll then....->(

hope u understand what i meant to say :cool:
thanks again!
 
aws said:
folks,

but when my "day" arrives, i'll then....->(

hope u understand what i meant to say :cool:
thanks again!
Click to expand...

We very well understand.

Sign the commitment and stay cool. If at all you lose something, that would be few bugs. That can't in anyway be a hurdle to your green card process. But for me, If you plan the quit correctly after 140 approval, you shouldn't even lose those few bugs.
 
you will be fine

Dont worry man.

One method would be to act enthusiastic and sign the contract.

After you get your I-140, fake an illness to a near and dear in India
Then tell the company how you miss working for them, but that you have leave USA to be with your remaining relatives.

Leave on good terms. So they wont come after you.
 
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