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tmpuci
02-22-2012, 01:50 AM
My current employer sponsored a GC for me and paid for all fees for my GC application (including lawyer fees). I signed an employment agreement that stated if I were to leave within 2 years after receiving my GC, I would have to repay all the legal fees associated with my GC application. It has now been 5+ years and I still have not received my GC. I want to leave my current employer. Is the employment agreement that I signed legally binding? Do I have to repay the legal fees if I were to leave my employer right now? I currently work in the state of CA.

Any advice is greatly appreciated. Thank you.

MahaBharatGC
02-22-2012, 09:39 AM
My friend, I did sign the similar agreement and now I am working for second company after leaving my original employer who filed by GC.
In my case, my employer did not bother to ask me to repay the fee due the reason that I was hired by the company where I was consultant (contractor) and my company was direct vendor.

It is up to the employer to "litigate" and seek the financial repayment. If you are getting good offer go for it. All the GC expenses comes to 7 to 10 grand....and if you can work with new employer to repay that in case your prior employer seeks as employment settlement...

Good luck!!!

krishmunn
02-22-2012, 12:14 PM
Since your PERM was filed before July 2007, I assume Employer can ask for repayment of expenses. From July 2007, there was a new rule which says that Employer cannot ask for cost of Labor (Attorney + Advertisement) from Employee (Employer can still ask for 140 and 485 costs)

tmpuci
02-22-2012, 10:18 PM
Thank you for your responses.

Can anyone recommend a lawyer in CA that I can get advice from? Thank you.

kishore.salla
02-27-2012, 10:32 AM
Is the employment agreement that I signed legally binding?
No. PERM, I-140 are company's domain..If you can prove that you paid for them or your employer somehow forcing you to pay, company is in big trouble.. I-485 is applicant domain

Do I have to repay the legal fees if I were to leave my employer right now? I currently work in the state of CA.
I am 100% sure these kind of stupid agreement are usually signed in Indian based companies..
They cannot enforce them..Not in USA.

You can still contact a litigation lawyer..for 10min consult $250 or so..
Just be on safe side..before leaving your present company.