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help. employer wants me to sign a conctract,MOHAN OR UMESH

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  • help. employer wants me to sign a conctract,MOHAN OR UMESH

    hi
    my husband is on H1B. recently got EAD. I-485 was filed on NOV. 4TH 2002. his employer now wants him to sign a contract which asks him to pay $10,000/- in case he changes jobs whithin one yr. of final approval of GC. iS THIS A VALID CONTRACT?CAN THERE BE A WAY OUT?
    PLS HELP. ON THIS ONE. WE WOULD REALLY APPRECIATE IT
    THANKS ALL

  • #2
    hi
    my husband is on H1B. recently got EAD. I-485 was filed on NOV. 4TH 2002. his employer now wants him to sign a contract which asks him to pay $10,000/- in case he changes jobs whithin one yr. of final approval of GC. iS THIS A VALID CONTRACT?CAN THERE BE A WAY OUT?
    PLS HELP. ON THIS ONE. WE WOULD REALLY APPRECIATE IT
    THANKS ALL

    Comment


    • #3
      ITs between Employer and Employee, its not a valid contract. if your husband don't want , he should not be forced to do it.
      Better he should find another employer and transfer his H1B and then Report him to DOL for blackmailing.
      His employer is asking for more then 7 years Comitment which leads to the employers crulty.

      Comment


      • #4
        There are contracts drawn up like this between employers and their workers - some companies require this kind of "contract" if they pay for an employee to attend college classes. They don't want to pay tuition only to have the employee leave when they get their degree - they want a return on their investment. Sponsorship involves a lot of manhours, expense, and time on the employer's part. I still don't think the employer can require this, certainly not a $10,000 fee, that's just outrageous. I doubt the employer realizes just how long it can take to get that GC, too. If your husband signs it, however, it may be hard to back out. I would advise him to find another employer, or tell his current employer that he cannot commit to the fee or the length of time required by this "contract". If he has a problem with the employer, he can contact the Dept. of Labor or Equal Employment Opportunity - I wish you both luck.

        Comment


        • #5
          hi thanks for ur replies.
          the problem here is my husband has already got his EAD. but cannot transfer employers within 180 days of filing of I485. tyhe 180 days period is only 2 months away i.e. he can change employer in MAy keeping his EAD. but with the employer making him sign the contract now we r in a difficult situation, if he doesnot sign employer might withdraw the sponsorship and we have to make new h1-b. any solution?

          Comment


          • #6
            You still have 180 days to change the employer , and H1B can be transfer, Even his old employer withdrew the application.
            Let him find another employer first. there is a way to get H1B transfer.

            Comment


            • #7
              Angelika, this whole thing is starting to bother me. I am going to ask about this on another forum I subscribe to - I will answer you ASAP.

              Comment


              • #8
                I went to a human resources forum and this is what several people have stated. First, that when they recruit employers from overseas and sponsor them, that they do require a committment, but this is agreed upon during the interview process, not when things are already in motion. Second, a lot of people reacted to the length of time and that huge fee. Everyone who responded said that you need an attorney's advice - I know, the rates for advice like this are high, but you guys have a lot to lose if you don't get informed. The group's opinion was that a contract/committment can be requested and required even, but the terms of this agreement are too stringent and you should not proceed with this until you get advice. Good luck.

                Comment


                • #9
                  OK, here's a cut & paste from an attorney - this is good information. Unfortunately, he thinks I'm the guy's employer! Here's what he wrote - "For some off the cuff advice, [the employer] should be aware that immigration laws prohibit requiring aliens to pay any fees or business costs associated with prosecuting H1B petitions. Also, the anti-discrimination provisions of IRCA could be implicated depending on how they implement this policy. [The employer] should proceed with caution." What I get from this is that the employer cannot require the fee or the contract. I would definitely consult an attorney, INS, or the Dept of Labor - this needs to stop before it gets more complicated. I hope this helps. I'd like to hear what the rest of you all think about this - I'm pretty sure I'm interpreting this correctly!

                  Comment


                  • #10
                    thanks a ton linda. i really appreciate ur help.
                    just for my info. which is the other forum u r reffering to? also can an attorney give an ans on the forum?i mean where do i find these things

                    Comment


                    • #11
                      It's a human resources forum we subscribe to at work. Our company pays a fee to subscribe. We just got lucky that another user has experience hiring folks on H1Bs and knew who to contact! What I would do is log on to the Department of Labor web site and look for anything relating to employment visas, and the IRCA anti-discrimination info the lawyer mentioned. I'm sure there is a toll free number you can call with questions. The lawyer basically said that your husband's employer is doing something wrong, that he can't charge a fee, and that this can be viewed as discrimination, unless all his employees sign contracts just like this one. Of course, the INS web site may have more info, and you can try to reach them and ask who you should talk to. This just isn't sitting well with me and sounds ridiculous. I hope things work out.

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