A legal question

  1. Hi all!
    When I come to the States, my sponsor expects that I will work for him, but how long. Let's assume I get more lucrative offer from another hospital. Will it be considered as a violation of law if I break my contract with my sponsor and pay breech fee after 1 week or 1 month. May it lead to my deportation and cancelation of the I-140 visa.
    Thanks in advance.
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  2. 32 Comments

  3. by   himdale
    It should be stated on the contract how long will you be working for your employer. Yes it will be a violation/termination of the contract if you leave them and work at other hospitals. You may not be deported but they will have to ask you to pay them around $20,000 to 30,000. (But remember your employer can still inform USCIS that you left them and they can withdraw their sponsorship petition)

    If there is a hospital giving you a LUCRATIVE offer just make sure this offer would be around $50,000 higher. This money will cover the payment for the damages that you made with your first employer and for lawyer's fees.


    Try to think of it. They sponsored you, incured expenses just to bring you here. Do you think they will just let you without getting back their investments? Its strictly business.

    Besides don't be tempted with money .Learn first the TRICKS of the TRADE here in the U.S.

    Just my 2 cents

    still_dale
  4. by   suzanne4
    It is going to be very hard for you to find an agency that would buy you out of a contract to the tune of $20,000 to $30,000 and that is what many of them have. Unless work conditions are horrible, you signed with them, and are better off staying with them and just buying the bullet. If you do the math, and have to pay the buy-out then you are definitely not getting anything more lucrative, it will be lower.
  5. by   nurseMargo
    You must work for the hospital that signed your I-140 for 6 months.
    After that you can quit and get a job in any other hospital.
    Then you'll have no problem.
    If you quit or get fired before six months is up, your case might get canceled.
  6. by   letina
    Quote from nurseMargo
    You must work for the hospital that signed your I-140 for 6 months.
    After that you can quit and get a job in any other hospital.
    Then you'll have no problem.
    Are you sure about that nurseMargo? A petitioning hospital will usually require the nurse to sign a contract for longer than 6 months, the norm tends to be 2 years. There's a clause in the contract which allows the nurse to terminate the contract, but there are costly financial penalties.
    Tina
  7. by   suehp
    I have heard that myself too. Even if your contract is longer than 6 months (& it is usually 2 years), your employer has the right to cancel...I am trying to find more info on this for myself and another UK nurse so anyone who knows anything different...let me know
  8. by   suzanne4
    In any contract the employer has the right to cancel if they are not happy with your skills or for any other reason. This is why I always tell everyone to pay close attention to what the cancellation clause is.

    You are never going to get a contract for six months, it is normally two years on averge.
  9. by   nurseMargo
    I wasn't talking about the contract, when i said six months....
    You must work for the hospital that sponsored you for six months. After that, even if you changed hospitals, you're still okay with INS. You will still be able to get your green card.
    I don't know anything about the contract or clause, or cancellation fee because i don't have one myself and have never seen one. (I just have a job offer, and i can sign a contract for 2 years, only if i want to, and that also, only for money bonus.)
    I guess, i missunderstood. Sorry.
    $30.000???? this is ridiculous.

    Is this 2 year-clause-$30.000-and whatever esle "DEAL" offered by agencies???
    If it is , i think nobody should even think about these agencies. This is crazy.
  10. by   Istay
    Hi, I am new here and this is my first post.
    I would like to ask great people here about my case.
    I signed up a contact to one of the agencies here in manila after completing nclex & ielts on my own expense. They filed my petition and after one full year, they informed me that my petition was denied due to some application processing on their part. They told me that they'll refile my petition by it's more than 3 months now there's no notice of action nor new information regarding my application.
    I want to withdraw my contract with them and find another agency who will be willing to sponsor me. I am still here in the philippines. I inform them once and was just simply replied that they will sue me.
    Now, I am hoping against hope for i know I disappointed them by my email and I feel that they did not refile my new petition. PLease help..
  11. by   wmarat
    Thanks to everyone!
    20000-30000 USD is fairly realistic sum. My breach contract fee is 7000 usd.
    I'd like to ask nurseMargo some reference regarding 6 month if it is available.
  12. by   suzanne4
    Quote from nurseMargo
    I wasn't talking about the contract, when i said six months....
    You must work for the hospital that sponsored you for six months. After that, even if you changed hospitals, you're still okay with INS. You will still be able to get your green card.
    I don't know anything about the contract or clause, or cancellation fee because i don't have one myself and have never seen one. (I just have a job offer, and i can sign a contract for 2 years, only if i want to, and that also, only for money bonus.)
    I guess, i missunderstood. Sorry.
    $30.000???? this is ridiculous.

    Is this 2 year-clause-$30.000-and whatever esle "DEAL" offered by agencies???
    If it is , i think nobody should even think about these agencies. This is crazy.
    Unfortunately, there are contracts out there for that cancellation fee, and I do not think that they should be signed. Some nurses do not pay any attention to that and just sign, that is their choice.
  13. by   suzanne4
    Quote from Istay
    Hi, I am new here and this is my first post.
    I would like to ask great people here about my case.
    I signed up a contact to one of the agencies here in manila after completing nclex & ielts on my own expense. They filed my petition and after one full year, they informed me that my petition was denied due to some application processing on their part. They told me that they'll refile my petition by it's more than 3 months now there's no notice of action nor new information regarding my application.
    I want to withdraw my contract with them and find another agency who will be willing to sponsor me. I am still here in the philippines. I inform them once and was just simply replied that they will sue me.
    Now, I am hoping against hope for i know I disappointed them by my email and I feel that they did not refile my new petition. PLease help..
    Actually, I would speak to an attorney there. They did not live up to the promises made to you. Remember that they needed to provide services to you, and they did not meet what they were going to do. Anything that was done by them in the past for immigration has to be restarted from square one by you. There were about 40 in the same boat as you, and they left that agency, if this is the same one.
  14. by   suzanne4
    Doesn't matter what references that are out there, it is not a wise thing to do unless your work conditions are terrible. Trust me. By the time that you buy out your contract, your other lucrative deal won't be so lucrative. You are better just completing the contract that you have.

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