Breaching contract from a petitioner

Posted
by Axle Axle (New) New

Hello guys,

I hope you could help me coz i’ve been so anxious this past few days about breaching my contract from my Petitioner ( agency). I have a 30months contract with them and i have 2 months left before finishing it but I’m willing to pay for the penalty. I resigned and will be joining soon for a new job with a higher pay that caused my agency to become upset with me. My question is; Will it be a ground for the revocation of my green card By not finishing my contract with them or Will it affect my US Citizenship application in the future? Thank You and i hope you could answer me that quick.

Silverdragon102, BSN

Specializes in Medical and general practice now LTC. Has 34 years experience. 1 Article; 39,477 Posts

Moved to the World forum

Shame you couldn’t have waited 2 months to finish contract. The agency could be difficult but it shouldn’t have an impact on you immigrant visa but sometimes worth speaking to a lawyer

Axle

Axle

7 Posts

Coz my next employer wants me to join asap and i feel bad coz it’s only 2mos left before the end of my contract. My petitioner wants me to pay the penalty which is.. i can pay them.. but i made them disappointed.

YeXinZhi

YeXinZhi, BSN, RN

Specializes in Telemetry, Emergency, Cardiology, Respiratory. Has 11 years experience. 157 Posts

Anyway, that should not lead to the revocation of your green card. It looks like you tried your best to stick to your commitments by working for them for 28 months. Sometimes, it just doesn't work out and there is now law in the U.S. that will compel you to work for someone against your will.

Your green card CAN be revoked if your agency can prove that you engaged in fraud to obtain your green card. An example would be using forged documents or credentials (such as a fake nursing degree). Other examples that could lead to a green card being revoked is the green card holder having no intent of working for the petitioner. So for example, if you got your green card in January and started working for your employer that same month, then resigned your position in February, that can be considered construed as fraud because it appears as though you never had the intention to work for the employer. Unless you can present proof of extenuating circumstance (like your employer not paying your wages).

Okay honestly I don't know why you couldn't have waited to apply for a job until you finished your contract with your agency. Are they asking for the full breach of contract amount or just a portion of it?

Axle

Axle

7 Posts

I’ll pay just a portion for the remaining 2 months. I was told by new employer to join them ASAP that’s why i resigned. Thank you for your reply i really feel anxious about it.

YeXinZhi

YeXinZhi, BSN, RN

Specializes in Telemetry, Emergency, Cardiology, Respiratory. Has 11 years experience. 157 Posts

That's not too bad then. I left after 1 year of a 3 year contract and I still had to pay the full amount. DO NOT ever feel bad about leaving your employer. Do you know how much money they made out of you? On average, nursing agencies earn somewhere between $2 to 4 per hour worked by you. If you work 2000 hours a year, that's $4,000 to 8,000. Plus some agencies make money by not paying you sick leave or public holidays/personal holidays/401k/etc. I'm not saying all nursing agencies do that, it's just an example of how they could possibly make money off of you. I also heard that some agencies take the sign-on bonuses rather than giving it to the nurse recruit. It's a lucrative industry because they make so much money out of it. My agency for example rakes in $8million a year in revenues and they are a small recruitment agency. So don't ever, ever feel bad, you are within your rights to leave.

phoebe2020

phoebe2020, BSN, RN

Specializes in Progressive Care. Has 9 years experience. 43 Posts

On 11/4/2019 at 5:56 PM, YeXinZhi said:

That's not too bad then. I left after 1 year of a 3 year contract and I still had to pay the full amount. DO NOT ever feel bad about leaving your employer. Do you know how much money they made out of you? On average, nursing agencies earn somewhere between $2 to 4 per hour worked by you. If you work 2000 hours a year, that's $4,000 to 8,000. Plus some agencies make money by not paying you sick leave or public holidays/personal holidays/401k/etc. I'm not saying all nursing agencies do that, it's just an example of how they could possibly make money off of you. I also heard that some agencies take the sign-on bonuses rather than giving it to the nurse recruit. It's a lucrative industry because they make so much money out of it. My agency for example rakes in $8million a year in revenues and they are a small recruitment agency. So don't ever, ever feel bad, you are within your rights to leave.

All of your coworkers you left behind in Bismarck still miss you, Vince. :P But they're happy for you!

YeXinZhi

YeXinZhi, BSN, RN

Specializes in Telemetry, Emergency, Cardiology, Respiratory. Has 11 years experience. 157 Posts

15 minutes ago, nursiebean said:

All of your coworkers you left behind in Bismarck still miss you, Vince. ? But they're happy for you!

OMG hahaha