How to get realease from employer during waiver?

P

pectoralis

Registered Users (C)
Hi ppl,

Thanks for reading.. I've been succesful in securing another waiver job in an HPSA.. but i am just 7 months into my waiver with my current employer. I haven' t brought up the issue as of yet.. but if my employer gives me problems (as i have a 3yr contract with them). Is there any way i and write directly to state DOH and INS and transer my waiver...

Help much apprecieated.

Pec
 
- what is the notice period for 'termination without cause' in your contract ?

- you are a bit vulnerable here so tread lightly. If your employer goes to the state DOH claiming that you violated your contract you might get your waiver voided in no time.

- I don't remember your situation. Did you have one of the employers that pulled a trick with witholding your salary or terminating your benefits ?
 
Thanks for the quick reply hadron,

My employer is not willing to sponsor me for the green card saying that i need to sign a 5yr contract with them before i do (my current contract is 3ys). I am not willing for that because of their abusive attitude.

The termination in the contract is just from the employers side .. saying that he can terminate me with a 30 day notice.. however in the contract there is no termination clause from my side... I didn't have any experience before so i went ahead and signed the contract. I haven't still brought up the prospect of leaving them so they might respond favorably but i am just worried if they do not.
 
And ? is the new prospective employer willing to sponsor you right away ?


I think the question here is what is fair and reasonable. For them to hire a replacement for you will take at least 6months. If you want to have a reasonable chance of them not getting REALLY pissed with you, you should probably give them at least 6 months notice. From what I understand, they are not overtly abusing you otherwise (e.g. nonpayment of salary), so continuing to work with them shouldn't be such a torture. By then, the PERM application from your prospective employer will be through and you also would have enough time to get the paperwork for your change of employer through with the state.

Is the new job in the same state ? Can you finagle it in a way that you have to change jobs due to your spouse ? ('not sponsoring a greencard' might not count as an extenuating circumstance.)
 
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They are paying the salary but the atmosphere is very abusive. The general feeling is they say something i do it.. no questions asked. I have started feeling very uncomfortable.I could potentially spend 3 yrs and file PERM with a new employer after the waiver requirement but i feel two concerns..1) PERM is supposed to be completed in 2 months but no one knows how long will it in actuality take but even this is not the main concern 2) Should i work in a place where i've started feeling so uncomfortable?

I plan to give them 5 months notice and change of job due to spouse is something i am considering bringing up when i discuss this. I will definitely bring up green card sponsorship with the new employer but its a federally qualified chc.. i donot think they would have a problem sponsoring for PERM if i pay the lawyer..

Hadron.. what would you suggest I Do? stick with the current employer?
 
- Be sure to bring this up with the new employer BEFORE you make any changes. You want to have an approved labor cert or I140 waiting for you before you start. (labor certs and I140s don't expire).

- if you can, stay away from the GC sponsorship thing ALLTOGETHER when you bring up your plans of leaving. Get your wife a job close to the place where the new job is and tie it to that.

- filing for a change from one state to the other is not trivial. After all, you promised to serve the underserved of that state for 3 years. Getting this past all the potential obstacles could be really tricky. I hope you have a good attorney.

The people know who changed, changed bc the employer went under. So they never hat that issue of leaving voluntarily.
 
I am hoping that i could eventually have my employer say something like 'due to unfortunate circumstances we could not support the candidate' so that the state / INS might be more sympathetic but reagardless i would say that i am worried s**tless.
 
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