Legal Question in Immigration Law in California

contract

i had been petitioned by this nursing registry as registered nurse here in california but due to numerous issues with this current employer iam pondering of transfering to another employer where id be given vacation,dental and medical benefits which i dont currently get from my petitioner.i spoke to the president about my decision of moving to another registry and stated my willingness to pay $11,000.00 for what they claimed they have spent on my papers and legal fees but she stated that i have to pay extra $16,000.00 as additional legal payment which i didnt not find in the contract i signed with them.i had been employed by them for a yr now and my I140 and I1485 is pending approval in the uscis california ofc. and needed 200 to 270 days more to come up with a decision which was filed back in july 2004 i have 3 kids which needs medical insurance,what could be the legal impediments awaits me if i juz decided to resign with my current employer and pay the $11,000.00 reimbursement fee per contract agreement and have mt new employer take over my petition? my current employer is treathening to withdraw my petition seeking visa fraud as a grounds for such withdrawal can anybody help me pls?


Asked on 3/27/05, 10:58 pm

2 Answers from Attorneys
Amy Ghosh Law Offices of Amy Ghosh

Re: contract

Because of the portability provision.. you are only obligated to work for the petitioning employer for 6 months after I-485 is filed...and after that you can move to a similar position with another employer. Please also note that they should not be asking for money. You need to retain your own attorney ASAP!! what do you mean by visa fraud? please e-mail me directly.

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Answered on 3/28/05, 10:50 am
Baoqin Wang Law Office of Baoqin Wang

Re: contract

If your I-140 is not approved yet, it may be a problem for you to take advantage of the portability provision. But your new employer can file a new I-140/485 for you.

As to how much you owe to your old employer, it really depends on how the original contract was drafted. Your old employer also need to provide some basis (evidence) if they want to claim visa fraud against you.

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Answered on 3/28/05, 12:57 pm


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