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Case against employer- Please help

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  • Case against employer- Please help

    Hello friends:
    I need some advise on my situation. This is related to the PERM labor certification which Employer is now responsible for.
    Here are the events as it took place.

    June 02 2007: I signed an employment repayment agreement that says if I quit the company before 2 years after the AOS is filed, I will be liable to pay my employer all the accrued expenses for my Green card process.

    July 16 2007: New Federal law from DoL stating, Employer cannot charge employee for the Permanent labor certification.

    Aug 31 2007: Perm petition filed with DoL

    Oct 01 2007: I140 filed following DoL approval of the PERM petition

    Dec 19 2007: I turned in my Resignation with the current employer due to various circumstances.

    Dec 21 2007: Employer informed me that my Manager is calculating all the accrued expenses from the scratch and will charge me back for this based on the repayment agreement. No final figure has been given in writing, however, there are indications that all expenses will be charged and I will be given an amount for a lumpsum payment.

    My question: Although I signed the Repayment of Agreement, doesn't the new Federal regulation forbid employers from charging me back for the Labor Certification expense?

  • #2
    You are right? But govt does not say each employer has to file green card for their employees.


    Originally posted by Rudcham
    Hello friends:
    I need some advise on my situation. This is related to the PERM labor certification which Employer is now responsible for.
    Here are the events as it took place.

    June 02 2007: I signed an employment repayment agreement that says if I quit the company before 2 years after the AOS is filed, I will be liable to pay my employer all the accrued expenses for my Green card process.

    July 16 2007: New Federal law from DoL stating, Employer cannot charge employee for the Permanent labor certification.

    Aug 31 2007: Perm petition filed with DoL

    Oct 01 2007: I140 filed following DoL approval of the PERM petition

    Dec 19 2007: I turned in my Resignation with the current employer due to various circumstances.

    Dec 21 2007: Employer informed me that my Manager is calculating all the accrued expenses from the scratch and will charge me back for this based on the repayment agreement. No final figure has been given in writing, however, there are indications that all expenses will be charged and I will be given an amount for a lumpsum payment.

    My question: Although I signed the Repayment of Agreement, doesn't the new Federal regulation forbid employers from charging me back for the Labor Certification expense?

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