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Sign-on Bonus Contract breach


nagireddynr

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Hello all,

 

I am under H1-B and took a pharmacist sign-on bonus for 3 year contract.I worked for 3 and 1/2 years total and 2 and 1/2 year after got the license. After finding employer no longer sponsor green card, I quit to a different employer who will hopefully will do it.During these 2 and 1/2 years previous employer has been telling he will do it(Both oral and e-mail communication).But never did.Sign on bonus contract is for the district XXXX(Number yyy).But they never put me in that district as per contract says.As per contract terms I left 6 moths early. (I would have left early if they told me well inadvance that they would not apply for Green card.That should have put me in a better postion as new employer would have good amount of time to apply))I planned everything around the old employer and even bought a home.They never give me a staff position but let me keep floating and tried to use me in the best interest of the company.I was very quiet, hoping that, I was working for a great company and one day they would sponsor my green card. I quit 6 months early as I do not have a choice.

 

This happened 3 months ago.Now the problem is, old employer is asking me to pay the entire sign-on bonus back. They refused when I am willing to pay for 6 months pro-rated. They damaged me a lot during these 3 and 1/2 years but asking me money in return. I even do not know my present employer has enough time to get me on the board for green card on time. I even do not know if the current employer when is going to apply if at all is going to. If I have to leave the country when my H1-B expires even I am not sure If I can sell my home.

 

It was not my intention to leave the company.It was the company's changed policies that made me to find an other employer.

 

What should I do? Pay the sign-on bonus back? What are my options?

 

Any body has similar experiences?

 

Tino, Your feedback is highly appreciated on this.

 

Thanks inadvance and regards to all.

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Go to the website to ask a lawyer. employeeissues.com I think prorated is reasonable. Every discussion should be in writing or emails. If you are insisted to go to the court, your employer will probably try to avoid from doing it and accept your suggestion.
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  • 7 months later...

I read your post...not sure if your problem is solved by now.

I am in the same position and my company has confirmed that they will file for my GC on email but till today they have not.

Even if they do it is in EB3....do u know what are the advantage on EB3...and the disadvantage offcourse..

also can u guide me to a company where I can get a GC...i plan to quit this one

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