Does an employee have to pay back the cost of green card filing ?

Question

My company requires me to pay back the cost of green card filing if I leave before 2 years. However, they are not providing me any details about what is happening with my process except that an appeal is still pending at the labor certification for nearly 3-4 months after an erroneous denial. If I keep waiting, my H1B 6 year limit will expire pretty soon. What should I do ?

Answer 1

Each company is different and it depends what you had written in your contract. Some companies will pay for everything and some will not, or only the application itself and not the out of pocket expenses.

If you are to pay for it you need a list of exactly what they are expecting you to pay for if you leave within two years. My lawyers bills since coming to the states have been around $25,000+  visas,  green cards, health checks, passports, etc etc. I was lucky I asked for the company to pay for everything and they do and I have no restrictions on my contract on when I can leave. Yet a guy I know has to pay out of his pocket for everything the company would only pay for his application and he has a fix time of two years.

With regard to your H visa expiring you need an extension (you have to do this) that is done and is usually one to three years, this can only be done if you are in the process of adjustment for status. Otherwise you have to leave at the end of the six years. Remember if you leave the company is legally responsibility for flying you and you belongings back home.

In today's job market it may be better to stay where you are for those two years then you can walk. And hopefully the job market will have turned around.

good luck