The contract:Hadron,others..please guidance..

[Dr.B.]

In few days I will meet my future employer to iron out few technical details about J1 waiver job.
1.If I’m asked for how many yrs I will be signing the contract for, should I agree for the 5 yrs(and then additionally negotiate 90-180 days notice period for termination w/o cause,in case of LC based GC ) or for 5 yrs and go with NIW(In which case my wife can work too based on her EAD).

2.What are the chances that the Eployer will be willing to sponsor my LC?Is that something that I should mention /askin this meeting,or wait for later...

3.Im also considering hiring an Immigration Attorney….who during the preliminary phone call “recommended” the bundle of LC application along WITH NIW, as a “these days the safest way “ to obtain GC. Is this really “the way to go”

4.Durning the same preliminary phone call, he offered to “go over” my contract(that I have not sign yet).I learned from this forum that we should have an contract/ employment attorney to do this job. If I allow this to happen, will there be any conflict of interest between my employee and Imm.att. doing my visa and at the same time reviewing the contract.

4.The estimate of whole deal(j1->H1>LC+NIW>GC)approx. 13.000US$ Im getting a chest pain…..

 

[hadron]

1.If I’m asked for how many yrs I will be signing the contract for, should I agree for the 5 yrs(and then additionally negotiate 90-180 days notice period for termination w/o cause,in case of LC based GC ) or for 5 yrs and go with NIW(In which case my wife can work too based on her EAD).

I would ALLWAYS have a 90-180 day notice period in my contract. You don't want to be stuck in a 'bondage' situation fearing that your employer can sue you on a whim.

2.What are the chances that the Eployer will be willing to sponsor my LC?Is that something that I should mention /askin this meeting,or wait for later...

How much do they want you ? What specialty are you in ? How scarce are you/ how hard to recruit ?

3.Im also considering hiring an Immigration Attorney….who during the preliminary phone call “recommended” the bundle of LC application along WITH NIW, as a “these days the safest way “ to obtain GC. Is this really “the way to go”

I agree with him there.

I learned from this forum that we should have an contract/ employment attorney to do this job.

Knowledge is power, use it.

If I allow this to happen, will there be any conflict of interest between my employee and Imm.att. doing my visa and at the same time reviewing the contract.

Your immigration attorney will have to review your employment contract anyway. For a J1 waiver job there are certain sentences some state health departments want or don't want to see (they want to see something along the lines of 'physician will devote his full-time effort to the practice of medicine at a location prescribed by employer'. they don't want to see anything that allows you to work on the side. they want to see a minimum 3 year term and a 250 liquidated damages provision if you leave prematurely)
I would get a physician contract guy to help you with the actual contract provisions.

4.The estimate of whole deal(j1->H1>LC+NIW>GC)approx. 13.000US$ Im getting a chest pain…..

Chest pain would be even more expensive. ED visit, 6 hour observation unit stay, multiple enzymes, nuclear stress test, diagnostic cath. Chest pain is going to set you back 20k or more.
(seriously, 13k sounds reasonable if he is willing to commit to the entire package at that price. still, make sure the money is in escrow an that he can only bill against it as the various steps of the process are gone through. don't just dump 13k on him right now, if he turns out to be a tool you chances are slim to get your money back).

 

[I612]

Technically the imm lawyer is representing both you and your employer, even if YOU are paing 13K+Chest pain. I will have him/her review the contract anyway, but have a contract person do the review too.

 

[Dr.B.]

Dear Hadron and I612, you prompt reply is greatly appreciated :

5.

I would ALLWAYS have a 90-180 day notice period in my contract. You don't want to be stuck in a 'bondage' situation fearing that your employer can sue you on a whim.

regarding #1:
a)does that mean that i shoul sign for 5 yrs and then leave after LC based GC is approved?
b)isn't this plan too easy to "read",or easy to refuse (to sponsor LC)by my employer?

6.

How much do they want you ? What specialty are you in ? How scarce are you/ how hard to recruit ?

sorry ,for not reminding you...I'm Child and Adolescent Psychiatrist,trained in Boston,signing the contract with nonprofit(Inc.)comunity mental health agency, in western mass.They have been looking for this position over the last year or so...I would be the only full time C&A Psych. in the clinic.....

7

I agree with him there.

so, by bundling up i will be signing for 5 yrs,with the requets from my employer for LC sponsored GC(with the chance to leave after 3 yrs).At the same time NIW would be slowly "cooking" for 5 yrs ,as a backup plan(and possibility for my wife to work via her EAD?)

8

a 250 liquidated damages provision if you leave prematurely)

would you tell me what is this?

9.

he can only bill against it as the various steps of the process are gone through. don't just dump 13k on him right now,

he proposed retainer(30-50%) in front of each step(J1/H1---LC---NIW)along with the discount if I do everything with his office.Once the step is over, the rest of the $$$$$would be payed.....His ooffice also did J1 waiver to some of MD's form the agency that I will be working for...good recommendations...
Many thanks to this forum for the unconditioned help over the last few moths...

 

[psychmd7]

hi,
why is NIW a better option than LC? given the need for child psychiatrists, my lawyer told me LC would be quite feasible for us. please clarify why NIW is a better option if the employer is willing to do LC and you can be committed only for the 3 years.
lawyers fees are given in installments usually.

 

[hadron]

a)does that mean that i shoul sign for 5 yrs and then leave after LC based GC is approved?
b)isn't this plan too easy to "read",or easy to refuse (to sponsor LC)by my employer?

I wouldn't look at a job as a necessarily time limited affair. You are taking a job, and it happens to be within the confines of a J1 waiver issue. Yes, put the 5 year term on there so you can file a NIW, but in essence a physician contract is allways for the lenght of the 'termination without cause' period.

sorry ,for not reminding you...I'm Child and Adolescent Psychiatrist,trained in Boston,signing the contract with nonprofit(Inc.)comunity mental health agency, in western mass.They have been looking for this position over the last year or so...I would be the only full time C&A Psych. in the clinic.....

So you have some leverage here. Hard to recruit specialty, position open for a while. I would consider having your contract attorney haggle out the details with their attorney rather than you talking with them about this stuff directly.

so, by bundling up i will be signing for 5 yrs,with the requets from my employer for LC sponsored GC(with the chance to leave after 3 yrs).At the same time NIW would be slowly "cooking" for 5 yrs ,as a backup plan(and possibility for my wife to work via her EAD?)

Yes. If the LC goes through without a problem and the worldwide category doesn't get backed up, maybe you can get your GC after 3.5 years instead of 5.5.

a 250 liquidated damages provision if you leave prematurely)
would you tell me what is this?

Some states require a provision in the contract that you owe the employer 250k in cash if you leave. I think this is illegal and wouldn't hold up in court, but the states want it anyway.

he proposed retainer(30-50%) in front of each step(J1/H1---LC---NIW)along with the discount if I do everything with his office.Once the step is over, the rest of the $$$$$would be payed.....His ooffice also did J1 waiver to some of MD's form the agency that I will be working for...good recommendations...

Sounds reasonable.

By the way. I would consider retaining the immigration attorney yourself. That way, he represents you and not the employer. So, lets say you want to discuss the question what happens if you leave after 3 years 1 day with the attorney, he has no obligation to tell your employer about it (like he would if the employer retains him).

 

[hadron]

Dr.B, check your pms.

 

[Dr.B.]

hi,
why is NIW a better option than LC? given the need for child psychiatrists, my lawyer told me LC would be quite feasible for us. please clarify why NIW is a better option if the employer is willing to do LC and you can be committed only for the 3 years.
lawyers fees are given in installments usually.

You are wright about LC, but what I was refering to was the "safest way" to get the GC....per my potential attorney....meaning :apply for LC as well as NIW,and then whichever path gets you faster......