My employer committed to sponsor my green card in my offer letter, which specifies that I need to serve the company for two years before they process it. Now, I have fulfilled this condition and they also processed my green card and have perm approved. Now the company HR/Legal ask me to sign a repayment agreement before they agree to proceed further for I140/I485. This appears to be a change of the employment agreement I have previously and not to my interest. What can I do? Is it legal that the company impose this repayment agreement on top of the offer letter that doesn’t have such conditions for my green card?
Depends on what your offer letter states, "sponsoring" means filing the case, not paying for it necessarily. In the US employment is "at will" so they don't have any obligation to continue to employ you.
Due to the nature of this forum, Attorney Maria J. Marty does not have all the information required to provide legal advice. Accordingly, her responses on Avvo are intended as general and not legal advice.
Yes, that is "legal" indeed, and you are free not to accept. The company can change its mind at anytime and decide to no longer sponsor you or impose new conditions at will, which you are not forced to accept.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 25 years of successful immigration law experience. The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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