H1-B agreement with the employer and GC

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Registered Users (C)
My cousin took a offer from a employer in CA few months ago who did her H1 transfer but the condition mentioned in the agreement is that

In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 3 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.

The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.

Now my cousin got her GC through her hubby which her employer does not know. She is debating if she needs to inform her manager and company as they might ask her to sign any agreement or give back H1 fees.

The employment laws in CA are different so how can she move (if moves within 3 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left before 1 year of employment as she feels that the agreement is one sided considering the time line.
 
She signed it. What is enforceable is a matter for an attorney to advise based on the contract document and state and federal law.

It is frustrating that employees think that they only need to abide by the part of the law that protects them while their employers should not assert their rights. She signed because it allowed her to work; she could have returned home to wait for her GC. Now she has to live with whatever consequences there are.

(PS Based on this post, her employer is better off without her since she appears to have no loyalty to him.)
 
One sided

It looks like you are one of those employers. I mean 3 yrs is a long time and employers are taking advantage of candidates in this economy which is unfair and unethical too. when you say loyalty, does the employer show loyalty when company downsizes. For example tomorrow her company downsizes or got bought over, the new company might not continue her H1 so she is at loss inspite of working so hard. There is nothing saying that the employer will retain you for xx number of year so no matter what soever
 
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