GC agreement with employer-- is this litigable?

B

Basanti

Registered Users (C)
I joined a decent company (non desi non consulting) last year. During my recruitment process I was promised verbally that company will file for my GC. (no written proof). Three months after joining, I got a confirmation email from one of the HR representatives that my GC has been filed.

One year later I came to know that company has not even started the process for my GC. :mad: I am about to complete my five years in next three months. :eek: Now as a precondition to file my GC, company is asking me to sign an agreement to stay with them for five years and in case I leave them I have to pay undisclosed legal fees arising from this immigration process. They wont put a upper limit on the cost in writing but verbally say it would be 10-12K.

I want to know if this is a valid case of litigation. If you know of any lawyer who can look at this case and let me know if this is litigable. :confused:

Also, what would be max cost of lawyer fees for immigration. Would it ever top 15K??

Thanks.

(background: this is 1000 employee $4 billion revenue company. The HR is behaving worst than desi companys HR. I am quite frustated with all this. As a backup I have got one consulting company to file for my GC under PERM process ASAP with joining them. I am still negotiating with current company HR to reduce the term from 5 years to 3 years)
 
Is this KF

Basanti said:
I joined a decent company (non desi non consulting) last year. During my recruitment process I was promised verbally that company will file for my GC. (no written proof). Three months after joining, I got a confirmation email from one of the HR representatives that my GC has been filed.

One year later I came to know that company has not even started the process for my GC. :mad: I am about to complete my five years in next three months. :eek: Now as a precondition to file my GC, company is asking me to sign an agreement to stay with them for five years and in case I leave them I have to pay undisclosed legal fees arising from this immigration process. They wont put a upper limit on the cost in writing but verbally say it would be 10-12K.

I want to know if this is a valid case of litigation. If you know of any lawyer who can look at this case and let me know if this is litigable. :confused:

Also, what would be max cost of lawyer fees for immigration. Would it ever top 15K??

Thanks.

(background: this is 1000 employee $4 billion revenue company. The HR is behaving worst than desi companys HR. I am quite frustated with all this. As a backup I have got one consulting company to file for my GC under PERM process ASAP with joining them. I am still negotiating with current company HR to reduce the term from 5 years to 3 years)
Click to expand...
 
Decent company? Reality vs assumption

But why do you still call it decent, I don't understand. Most non-desi companies may not even care about the GC process and just do as per your needs, thats what I'd call decent.

And for your information, there are many desi companies which are far more decent and transparent than this, I can tell you for sure.

-Ram
 
are you kidding?

When they said they filed for GC, you believed it. Did they ask you for any your papers like marksheets, exp letter etc.
There is no way the legal fees would be 15k its should be about 7k including family.
 
so what

As we discussed in a previous thread, such agreement is rather common in many companies. They want to take advantage of you and you just have no choice. However, it is totally up to you not to sign the contract, and leave this decent company.
 
this company has a image... its a brand... it does $4B business selling its products...
Now, I know it was my perception that the company is (was) decent.. Or I guess, the HR deptt just sucks :( and dont care about employee's feelings or understand the gravity of the immigration soup they have me in... :mad:

Now I know my choice was wrong. I want to know if this situation is litigable or I am still in my dreams!

And Yes, I did beleive that they filed for my LC... I did at that time ask
Q: "do you not require any papers?"
A: "we have all your papers from the joining process" (at time of joining, they had done mine education eval, exp letters, talked with all my previous managers for recommendation)

Q: "dont you require to place any ads?" (the company was trying to fill this position for more than 15 months)
A: "there is no need. we have used all the ads we placed to fill the position"

In retrospect, I should have asked for some proof. (I thought the email was!)

And thats my question: Does the email from HR hold any legal ground? (the email clearly states that my LC was filed as of Sept 2004)

If it does, can someone give some lawyers reference?

- Verru
 
Basanti said:
this company has a image... its a brand... it does $4B business selling its products...
Now, I know it was my perception that the company is (was) decent.. Or I guess, the HR deptt just sucks :( and dont care about employee's feelings or understand the gravity of the immigration soup they have me in... :mad:

Now I know my choice was wrong. I want to know if this situation is litigable or I am still in my dreams!

And Yes, I did beleive that they filed for my LC... I did at that time ask
Q: "do you not require any papers?"
A: "we have all your papers from the joining process" (at time of joining, they had done mine education eval, exp letters, talked with all my previous managers for recommendation)

Q: "dont you require to place any ads?" (the company was trying to fill this position for more than 15 months)
A: "there is no need. we have used all the ads we placed to fill the position"

In retrospect, I should have asked for some proof. (I thought the email was!)

And thats my question: Does the email from HR hold any legal ground? (the email clearly states that my LC was filed as of Sept 2004)

If it does, can someone give some lawyers reference?

- Verru
Click to expand...

Ask yourself that do you still want to continue with that company? They have ditched once. My best advice is to change the employer.
 
Nowaday, GC process takes long and if you like working environment there(not HR unless you are working at HR), it's good to stay even with 5 year contract. $4B revenue is not bad for GC seeker.
Check with the people who got GC with this company and ask them how it went.
 
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I am the 3rd person for which they are filling GC. The other two filed for their LC in 2002 through NY State. No approvals yet.

So no history. Generally they dont hire people on H1Bs unless absolutely required.
 
Basanti said:
I am the 3rd person for which they are filling GC. The other two filed for their LC in 2002 through NY State. No approvals yet.

So no history. Generally they dont hire people on H1Bs unless absolutely required.
Click to expand...
Or maybe they pretended to file their LC, just like they pretended with you.

First they mislead you about having filed the green card, then they want to lock you into an unreasonable contract. And you are still taking them seriously, even though you have another offer with somebody willing to file PERM ASAP. Are you nuts?

Do you really think they will carry the green card process all the to the end? Just because they're a multibillion dollar company with an image to maintain doesn't mean they will. Them laying you off or canceling your green card process won't affect their image in any way in the eyes of the American public.

Fool me once, shame on you. Fool me twice, shame on me.
 
As a backup I have got one consulting company to file for my GC under PERM process ASAP even without joining them. This should cover me for any future mis-happenings and/or layoff situation.

Looking at chanduv23 signature, it seems people have done that before.

Meanwhile, I continue to look for a good consulting gig.
And I am trying to get the contract term reduced to 3 years.

Hopefully something will work out.

- Verru
 
they're making money over you!

Under perm, I would think that I would take like below:
Advertising: 2000
Attorney Fee:4000
Legal Filing Fees: max 1000

it wouldn't be exceed 7.000 USD.
Rest is HR company's revenue.


Basanti said:
I joined a decent company (non desi non consulting) last year. During my recruitment process I was promised verbally that company will file for my GC. (no written proof). Three months after joining, I got a confirmation email from one of the HR representatives that my GC has been filed.

One year later I came to know that company has not even started the process for my GC. :mad: I am about to complete my five years in next three months. :eek: Now as a precondition to file my GC, company is asking me to sign an agreement to stay with them for five years and in case I leave them I have to pay undisclosed legal fees arising from this immigration process. They wont put a upper limit on the cost in writing but verbally say it would be 10-12K.

I want to know if this is a valid case of litigation. If you know of any lawyer who can look at this case and let me know if this is litigable. :confused:

Also, what would be max cost of lawyer fees for immigration. Would it ever top 15K??

Thanks.

(background: this is 1000 employee $4 billion revenue company. The HR is behaving worst than desi companys HR. I am quite frustated with all this. As a backup I have got one consulting company to file for my GC under PERM process ASAP with joining them. I am still negotiating with current company HR to reduce the term from 5 years to 3 years)
Click to expand...
 
Hi Basanti,
My case is similar. I worked for a "billion dollar company that has a image" for 4 years. You must understand that companies that boast of image will do nothing or will do very less for people like us. Companies that boast of image are generally companies that are seeking new business and new revenues and would do anything if they see revenue in you. Basically HR and admin are considered to be non billable resources and they tend to be cold blooded. If you feel you are valuble to the company, you can put pressure on them through proper channels and get your GC process. But if your standing with your bosses is bad or you have a bad boss then thats how your HR will react. I worked for excellent managers for 4 years got raises and bonuses, but my bad luck, that for 6 months I worked for a jerk who got me fired to cover his ass, that too beginning of 6th year of of h1b. At that time, the HR would not listen to me at all and was very very cold blooded.
Luckily the lawyer (USABAL is very helpful) sent me a copy of 45 day letter and I used that to get a 7th year extension ie the consulting company filed for 6th year and 7th year together and got it approved, I also got a short project for now, but thats fine, we are preparing to file under PERM.
So it is not the end of the road, there are jobs, changing from "American billion dollar firm" to a desi firm will make you feel lost and you might feel that you are wasting your time, it happens initialy because you are used to that atmosphere, and you feel that as your home, but the reality is that aftercertain stage you will be better off like this than being with an exploitative employer.
 
Basanti said:
As a backup I have got one consulting company to file for my GC under PERM process ASAP even without joining them. This should cover me for any future mis-happenings and/or layoff situation.

Looking at chanduv23 signature, it seems people have done that before.

Meanwhile, I continue to look for a good consulting gig.
And I am trying to get the contract term reduced to 3 years.

Hopefully something will work out.

- Verru
Click to expand...
I sent you private msg.
 
chanduv23 , can you give more details on "copy of 45 day letter"? what is the equivalent for this in PERM process?

rajinca, thanks for the info. I have sent you my contact info.

I am assuming here that you can file under PERM for "future employment". And that I can join the backup company (if need arises) at any stage of GC process (be it I-140, I-485 or EAD)
 
45 day letter is for applications backlogged in BEC. PERM equivalent would be a document that confirms that your LC has been filed. Your L/C has to be filed 365 days prior to 6 years on h1b and you can get yearly extensions in any company based on that L/C.
As yours is applied under PERM, you can probably wait for your L/C to be cleared and apply for i 140. If you have an approved i 140 you can get h1b extension/transfer in increments of 3 years in any company and also retain the priority date.
 
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