A legal question

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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.

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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Specializes in Hemodialysis, peritoneal dialysis, transplant..

Suzanne!

I am not sure I understand what are u talking about. Sponsors( hospitals and agencies) gain huge profit by underpaying sponsored nurses. So it is very natural to seek out better salary, benefits and enviroment. And let's say I can buy myself out, so breach fee is not problem. What I try to find out if breaking a contract may lead to revoke my visa.

As far as I understand it there is only question of time, means when to break a contract with a sponsor. Some say 3 months and some 6 months. One of my former co-wokers has broken contract with a sponsor 48 hours after landing in the States and nothing happened.

Suzanne with all due respect I do not agree that overseas educated nurses should put up with worse salary and terms.

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Specializes in Medical and general practice now LTC.
Suzanne!

I am not sure I understand what are u talking about. Sponsors( hospitals and agencies) gain huge profit by underpaying sponsored nurses. So it is very natural to seek out better salary, benefits and enviroment. And let's say I can buy myself out, so breach fee is not problem. What I try to find out if breaking a contract may lead to revoke my visa.

As far as I understand it there is only question of time, means when to break a contract with a sponsor. Some say 3 months and some 6 months. One of my former co-wokers has broken contract with a sponsor 48 hours after landing in the States and nothing happened.

Suzanne with all due respect I do not agree that overseas educated nurses should put up with worse salary and terms.

Although I know some agencies pay lower than others but I was told by the hospital that is sponsering me that I will be paid the same pay as a US RN with the same years experience although I do have a fee to pay if I cancel my contract early but this would depend on how long I work there. The longer I work the less I will have to pay back

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Suzanne!

I am not sure I understand what are u talking about. Sponsors( hospitals and agencies) gain huge profit by underpaying sponsored nurses. So it is very natural to seek out better salary, benefits and enviroment. And let's say I can buy myself out, so breach fee is not problem. What I try to find out if breaking a contract may lead to revoke my visa.

As far as I understand it there is only question of time, means when to break a contract with a sponsor. Some say 3 months and some 6 months. One of my former co-wokers has broken contract with a sponsor 48 hours after landing in the States and nothing happened.

Suzanne with all due respect I do not agree that overseas educated nurses should put up with worse salary and terms.

That is not acceptable by me either, that is why I never liked the temporary work permits. And actually according to US law, the foreign nurse with a green card needs to be paid at the same rate that the facility pays their American nurses. But there are some unscrupulous agencies out there that take advantage of nurses, and I do not agree with that either. That is why I stated what I did in the contracts thread at the top of this forum.

But a legal contract has been entered into and it comes down to whether or not the agency is going to force it, and how big that their legal dept is.. That is what it comes down to. It is not the hospital that is paying the lower rate, but a percentage is going to the agency. In order for immigration to approve the contract, the hospital must agree to abide by the US Federal Rulings which are actually now in place. And immigration is denying petitions here all of the time when the rate doesn't meet what the average is. Heard of one that an ttorney would not even file as he said that is would not get approved just in the past few weeks. It was for about $8 per hour less than the going rate in my area.

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New grads or even seasoned nurses here, if they are offered relocation bonuses, etc., have to also sign contracts for usually two years, and must pay back a pro-rated amount if they leave before completing the contract.

So, it isn't specific to foreign nurses.

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Specializes in Med/Surg/Med-Tele/SDU/ED.

a friend in new york told me to be wary of agencies here in the philippines.

there is allegedly a group of filipino nurses now in new york, promised rn jobs.

they signed some iron-clad contract that they can't work without the agency's permission. but the agency cannot find them work. so they're not working.

for this, they are being paid us$7.50 per day.

can anybody survive on us$7.50 per day in new york???

anyway, some filipino nurses pulled together and are helping these victims with their expenses...basically charity.

good thing some filipinos in the us are still helpful to fellow pinoys.

i heard a lot of negative things from the west coast.

read the contracts thoroughly before you sign. maybe hire a lawyer to go over the contract for more peace of mind.

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a friend in new york told me to be wary of agencies here in the philippines.

there is allegedly a group of filipino nurses now in new york, promised rn jobs.

they signed some iron-clad contract that they can't work without the agency's permission. but the agency cannot find them work. so they're not working.

for this, they are being paid us$7.50 per day.

can anybody survive on us$7.50 per day in new york???

anyway, some filipino nurses pulled together and are helping these victims with their expenses...basically charity.

good thing some filipinos in the us are still helpful to fellow pinoys.

i heard a lot of negative things from the west coast.

read the contracts thoroughly before you sign. maybe hire a lawyer to go over the contract for more peace of mind.

:o :o :o

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This is exactly my point. You must read the fine print of every single contract, if it is not in writing, it does not exist. And there have been quite a few Filipinos that have been taken advantage of, including even a group of doctors last year. And they are back in the Philippines now.

There are some trustworthy agencies out there, you have to do your homework and look for them.

There is no such thing as a free green card.

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This is exactly my point. You must read the fine print of every single contract, if it is not in writing, it does not exist. And there have been quite a few Filipinos that have been taken advantage of, including even a group of doctors last year. And they are back in the Philippines now.

There are some trustworthy agencies out there, you have to do your homework and look for them.

There is no such thing as a free green card.

Hi Suzanne!

Just want to ask what happened to the group of doctors you were talking about? Why were they sent back?

Thanks!

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Suzanne, i hope you can give an insight on my problem. i will be leaving this jan 2006 for New Mexico and am not entirely happy with my contract. I signed with an agency, a contract 3 years ago here in Manila and for a signed bonus of $12,000 spread for 2 years ..now that i have my visa they ask me to sign the contract which is now for 3 years and the bonus is down to $6,000. the nurse patient ratio is 1:8 which are all high risk and post- surgical patients. I am also going to be assigned in an area which is also not my expertise.I just want to know if i have option to buy out my contract for just $10,000 especially since I was the one who paid for most of my exams such as CGFNS, TSE, Visascreen and medical exams. and what are its implications if ever.. like can they cancel my petition if i work in another facility even after paying them? will that have an effect on my green card especially since it was addressed to them? Is that legal... the 1:8 nurse ratio? are there any legal remedies available to me? I will be very grateful if you can reply to this soonest thank in advance!!!

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Suzanne, i hope you can give an insight on my problem. i will be leaving this jan 2006 for;New Mexico and am not entirely happy with my contract. I signed with an agency;a contract 3 years ago here in Manila and for a signed bonus of $12,000 spread for 2 years ..now that i have my visa they ask me to sign the contract which is for 3 years and the bonus is down to $6,000. the nurse patient ratio is 1:8 which are all high risk and post- surgical patients;I am also going to be assigned in an area which is also not my expertise.I just;want to know if i have option to buy out my contract for just $10,000 especially since;I was the one who paid for most of my exams such as CGFNS, TSE, Visascreen and medical exams. and what are its implications if ever.. like can they cancel my petition if i work in another facility even after paying them? will that have an effect on my green card especially since it was addressed to them;Is that legal... the 1:8 nurse ratio? are there any legal remedies available to me;I will be very grateful if you can reply to this soonest thanks in advance!!!

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Hi Suzanne!

Just want to ask what happened to the group of doctors you were talking about? Why were they sent back?

Thanks!

Not sure if they were sent back, or they returned on their own to Manila. They were only getting $7 per hour as a CNA. Nothing was as promised.

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