Legal Question in Immigration Law in California

Travel advice

I had been petitioned by a nursing registry here in northern california as r.N. One and a half year later after a lot of sacrifices working for them i got my greencard finally and inform them of my intention to move to a better working place with medical benefits that my family surely needs as expected they did not allow me and instead threaten to sue me if i insist in doing so for breech of contract inspite of the fact that iam 6 mos. Away from finishing my contract and signified to them iam willing to pay reasonable amount of what remains on my 2 yrs. Contract. Since i already got hired in a big hospital i resigned with them and went on to work with this hospital. Recently ive got a summon and iam being sued for $300,000.00 for breech of contract plus punitive damages since a lot of nurse from their company followed my action thus i have incurred them a lot of loss profit from my action. I am going on vacation this nov to the phil. And they say they'll do something about the immigration so i could not pursue my trip or comeback if ever i decided to go on for that vacation. My question is would they have the ability to do that? Can they request the uscis not to allow me to comeback or exit though i already have my greencard?


Asked on 10/05/05, 3:40 am

2 Answers from Attorneys
Gabriel Jack Muston & Jack P.C.

Re: Travel advice

call my office, and I will take a look at the contract. I have seen this happen before with these nursing registries. Their case is probably very weak, and they are just trying to intimidate you and the others who are currently there. They don't want others to try and leave them also. Why is the attorney representing them?

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Answered on 10/05/05, 9:46 am
Larry L. Doan Law Office of Larry L. Doan

Re: Travel advice

If this was a labor certification, then theoretically, they could report to the CIS that you actually had no real intention to work for the petitioning employer and thus obtained the green card by fraud. Then, the CIS, if it has the time, might try to rescind your green card. That is for a regular labor certification case that I'm familiar with. I'm not as familiar with nurses and nursing registries, however, so I don't know in this type of case who the petitioning employer is. Also, I don't know how big of a role that 2-year contract played in the decision of the CIS to grant you the green card.

You need, obviously, a civil lawyer in NoCal, to defend you in Superior Court. It would seem though, that $300,000 in damages is excessive for only 6 months left (you seem to be making a doctor's salary, which I question!) Also, normally, there is no punitive damage awarded for breach of employment contract unless there was fraud on your part, which I'd imagine be hard for them to prove your intention at the time you signed the contract. Bottom line is, you need a good lawyer to defend you in court and intimidate these guys to back off.

Larry "Liem" Doan, Esq.

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Answered on 10/05/05, 4:04 am


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