Employer asking to sign agreement before i485..HELP..

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meeruanna

New Member
My employer is stating that the letter of employment which goes with 485 will only be issues if NEW employment contracts are signed.
New contracts are limiting in nature. It requires the employee to stay with the company for extra two to three years. Many charges are mentioned in indirect form that the employee need to pay if employee leaved before 2-3 years.:mad:

Does anyone know if 485 can be filed without employment letter?
I know some of the non-compete clauses are binding. Can the employer exercise the points for staying with them or paying them for different expenses if perior agreed is not fulfilled?:confused:
All the employees are paying from their pocket for GC processing.:(
 
meeruanna said:
Many charges are mentioned in indirect form that the employee need to pay if employee leaved before 2-3 years.
Click to expand...

I am not an employment attorney, and it depends upon the state, but most (if not all) non-compete agreements are unenforceable, and if the employees are paying the bill for the GC then the employer really cannot claim any loss if you leave before the 2-3 years.

I'd have a talk with an employment attorney. I suspect that most of your agreement will be unenforceable, you can sign it happily, file your I-485 and then quit later without fear of retribution. And if they do threaten you, you already have an employment attorney who can tell them where to go. :)
 
Green card is for future permenant employment.If the employee refuses to sign a piece of paper that he is willing to stay atleast 2 Yrs then wont that be taken as a "Not being interested in Future Permenant Employment" ?
Wouldnt that jeopardise the green card petition itself??

Regards.
 
meeruanna said:
My employer is stating that the letter of employment which goes with 485 will only be issues if NEW employment contracts are signed.
New contracts are limiting in nature. It requires the employee to stay with the company for extra two to three years. Many charges are mentioned in indirect form that the employee need to pay if employee leaved before 2-3 years.:mad:

Does anyone know if 485 can be filed without employment letter?
I know some of the non-compete clauses are binding. Can the employer exercise the points for staying with them or paying them for different expenses if perior agreed is not fulfilled?:confused:
All the employees are paying from their pocket for GC processing.:(
Click to expand...

It's not under considered under duress. The contract will be valid. But...

Such contracts are very difficult to enforce in courts. Government officials as well as courts are extremely reluctant to issue rulings that prevent people from making a living. So...

Sign it cheerfully. Tell your employer that it's not a problem with you at all as you intend to work for 'm for the foreseeable future anyway. And then...

If you do want to change your jot later at an appropriate time (6-12 months after getting GC), do so with impunity. Because...

Such contracts don't mean a dang... and your employer -if he has any brains- knows this and will not be pursue this in the court. There might be a lot of bluffing and hot air... just ignore it tell them quietly that you'll see them in the court.

However, this issue is worth clarifying with a lawyer specializing in employment law. The above comments are "general". It's only by reading every single letter in the contract that a complete picture can be obtained.
 
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I understand all this and I am going to talk to a labour atorney once. This is in MI and there is at-will law in MI for employment. Such clauses would be non-binding but will result in un-avoidable hassle. Company is trying to twist the arm in this hour of need.
 
meeruanna said:
My employer is stating that the letter of employment which goes with 485 will only be issues if NEW employment contracts are signed.
New contracts are limiting in nature. It requires the employee to stay with the company for extra two to three years. Many charges are mentioned in indirect form that the employee need to pay if employee leaved before 2-3 years.:mad:

Does anyone know if 485 can be filed without employment letter?
I know some of the non-compete clauses are binding. Can the employer exercise the points for staying with them or paying them for different expenses if perior agreed is not fulfilled?:confused:
All the employees are paying from their pocket for GC processing.:(
Click to expand...

I think that's too much! You should probably file without them knowing. Just ask for employment letter and tell them you needed it for loan or mortgage application.
Good thing my employer paid all the expenses for my family of 5 even the FedEx without asking me to sign any contracts or anything.
 
My employer asked me to sign a contract saying that I will stay with them for at least one year after I get my GC or else I will have to pay them back for the legal/filing fees (very high, as I used the best immigration lawyer in NYC).

Since I have been with the company for six years (last three going through the process) and feel pretty underpaid, I think that it would be hard for them to get my money back if I left early. They would have to go to court, etc...
 
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