Green card related legal issue

C

comerhop

Registered Users (C)
Hi,
My company started my GC related processing 2 and a half years back. We just filed I 485 application few months back.

Company circulated this new policy document which says that i need to stay with the company for at least 1 year after the green card is approved. If i choose to leave the company before that period then i have to pay all the GC related expenses that the compnay has incurred.
They want me to sign this new policy document.

My question is.. can they do it legally, i mean those costs has been incurred in the past and this new policy is recent.
If i leave, do i need to pay all the expenses that the company has incurred in the past ?
If they have a new policy, shouldnt it be relevant for future costs or new employees ?
 
Originally posted by comerhop
Hi,
My company started my GC related processing 2 and a half years back. We just filed I 485 application few months back.

Company circulated this new policy document which says that i need to stay with the company for at least 1 year after the green card is approved. If i choose to leave the company before that period then i have to pay all the GC related expenses that the compnay has incurred.
They want me to sign this new policy document.

My question is.. can they do it legally, i mean those costs has been incurred in the past and this new policy is recent.
If i leave, do i need to pay all the expenses that the company has incurred in the past ?
If they have a new policy, shouldnt it be relevant for future costs or new employees ?
Click to expand...


Unfortunately your company can make any new policy document. But unless you sign it, it has no legal binding. If you sign the agreement your employer can sue you for the amount+court charges.

But you are in luck if you have completed 180 days from the day you filed your 485. You can quit your current employer and use AC21 and join a new company. And you can avail the service of your own attorney.

hth
dyno
 
Sorry I accidently hit the post button.

comerhop - DON'T SIGN THAT FORM! I would email Rajiv or seek counsel of another competent, Immigration or labor attorney before you do anything. This is exactly the kind of slavery (opps, I meant to say "hardship") Rajiv is referring to! It makes my blood boil whenever the sponsoring employer views us its indentured servants! We need to stand firm and let them know that we are not going to take this kind of abuse from anybody!

Frankly, I am also tired of my employer sometimes using my immigration status as the "leverage" to make me feel obligated to be of their service!
 
The company is incurring additional expenses on you because of your immigration situation. The company has legal right to recover that expense or have some kind of insurance in the form of a commitment for continued employment from you.

If you are not willing to sign up for it, expect the employer to withdraw your application. If you have passed the 180 day mark you are in a safer position.
 
I wholeheartedly agree. You are also expected by the USCIS to remain with your sponsoring employer for at least 6-12 months after approval. Otherwise, if your employer reports you left, you may have your green card revoked. And AC21 does not apply after approval.

Personally I would not sign it, especially as the green card process being paid for was part of the negotiated deal to bring me here.

But be prepared to look under AC21 if necessary.

Good luck.
 
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