Getting out of employment agreement after GC

G

gcStuck

New Member
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,
 
You could get in trouble for leaving this early if you do not pay up. Even if you win the civil litigation, if the employers complains to the USCIS, leaving this early could be preceived by the USCIS as going contraty to your stated intent to be premanently employed with the employer at the time of application. This situation is unlikely to arise however if your employer is the one who let you go.
 
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First thing,this is a non-immigration issue. gcstuck has signed some contract and its validity can be decided by court only. I will advice to resolve this issue out of court (as far as possible).gcstuck, keep in mind that it cost money to fight court case for you as well as employer.
arizonian, you have shown stupidity with racial comment in other thread. I think you are same person as joef. You have no business in ill advicing members. Mind your own business( if at all if you have any :p )
 
See Inline ...
gcStuck said:
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?
... 0 to 100%.
Without seeing that contract its only going to be guesstimate. Normally contracts like that are hard to defend in court unless employer can show that your resignation caused unrecoverable damage to his/her business and you had no specific reason to quit.

2. any danger of employer notifying INS about my case?
... Not that I can think of.

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?
... It's legal if you signed it.


Thanks,
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