Minimum period of work with your sponsor

[Riaz k 0]

Is there any time duration that i need to work with my Green card sponsor Company or i can switch anytime i want.

[Aluvaboy 62]

4 minutes ago, Riaz k said:

Is there any time duration that i need to work with my Green card sponsor Company or i can switch anytime i want.

It is up to the sponsoring company. My brother who got green card through EB category was allowed to leave very soon although there was an agreement that he would continue with the company for at least one year. Unfortunately the fortunes of the company had shifted and they were planning to layoff employees. So they agreed to let my brother leave without enforcing the one year requirement.

[Boiler 44,224]

No

 

The only issue is if they will be looking to naturalise and they never worked or worked for a short period, might be a reason for questions.

[mam521 1,925]

1 hour ago, Aluvaboy said:

It is up to the sponsoring company. My brother who got green card through EB category was allowed to leave very soon although there was an agreement that he would continue with the company for at least one year. Unfortunately the fortunes of the company had shifted and they were planning to layoff employees. So they agreed to let my brother leave without enforcing the one year requirement.

This.  Check your contract.  Many companies do have a time dependent repayment clause for immigration related matters. 

 

I had a 1 year clause when I initially came to the US on a work visa.  We have the same clause for company sponsored LPR. 

 

I have a friend coming to the US next month and his is a 2 year clause - if he leaves within the first year, he has to repay 100% of the associated expenses.  If it's within the second year, it's 50%, unless his employment is terminated (not by cause) by the company. 

 

If not, you're free to switch jobs. 

[OldUser 5,495]

18 minutes ago, mam521 said:

This.  Check your contract.  Many companies do have a time dependent repayment clause for immigration related matters. 

 

I had a 1 year clause when I initially came to the US on a work visa.  We have the same clause for company sponsored LPR. 

I know this is common, but is this even legal? I thought employer cannot shift the costs associated with legal fees / filing fees to an immigrant.

[mam521 1,925]

18 minutes ago, OldUser said:

I know this is common, but is this even legal? I thought employer cannot shift the costs associated with legal fees / filing fees to an immigrant.

Clawback provisions are completely legal.  As I understand it, parts of the process aren't enforceable (PERM, for example), but the I-140, the AOS, medical, derivative petitions, moving expenses, etc are all eligible to be reclaimed by the employer. 

 

We had a person leave before their contracted period and the company did go after them for the costs.  A lot of time, effort and energy was put into this person for them to turn around and go to the competition after receiving a huge benefit.  I think that person negotiated a 2 year repayment plan.  

[Riaz k 0]

The reason why i raised this question is to ensure that there will not be any issue when i will file for my citizenship. At the time of interview they may ask me that you did not remain with your sponsor company for XYZ period therefore we are denying for citizenship. Just want to ensure that there is no set of limited period mention in the rule book that you need to stay before switching. My work contract doesn't mention any time duration. 

[Boiler 44,224]

This is a State specific issue, there are certainly Federal regulations , H1b comes to mind as to what can and cannot be charged.

 

I always had a contract before I came to the US bit not here.

 

What an Employer thinks they can do and what they can do may well be different.

[Boiler 44,224]

Just now, Riaz k said:

The reason why i raised this question is to ensure that there will not be any issue when i will file for my citizenship. At the time of interview they may ask me that you did not remain with your sponsor company for XYZ period therefore we are denying for citizenship. Just want to ensure that there is no set of limited period mention in the rule book that you need to stay before switching. My work contract doesn't mention any time duration. 

You may be asked about it so just have a solid reply.