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A week back i have joined company B (A US based staffing firm) from Company A by filing H1B transfer in premium.
I got a RFE after 2 weeks of filing and when i contacted my employer they have told its common template requested by USCIS which they will do in regular basis (He told they have all the required documents since they are prime vendor to the client).
after 2 days they have contacted me to sign a "Professional Services Agreement" as part of requested RFE documents.
one of the section contains below statements
a. Solicit, undertake, or engage in the provision of Employee’s services to, or accept employment or
assignment with, any (Comp B) Client with whom Employee had substantial business contacts through (Comp B)
during the one year period preceding Employee’s termination, or for whom Employee provided services
through (Comp B) at any time during the one year period preceding Employee’s termination, unless
Employee first notifies (Comp B) in writing of Employee’s intent, and (Comp B) consents in writing to such
activity; or
b. Solicit, hire, attempt to hire, contract, or attempt to contract with any employee of (Comp B) or otherwise
encourage any employee of (Comp B) to terminate his/her relationship with (Comp B); or
c. Solicit, refer, negotiate the provision of, or otherwise encourage, a third party’s services to any (Comp B)
Client with whom Employee had substantial business contacts through (Comp B) during the one year period
preceding Employee’s termination, or for whom Employee provided services through (Comp B) at any time
during the one year period preceding Employee’s termination, unless Employee first notifies (Comp B) in
writing of intent, and (Comp B) consents in writing to such activity.
d. For purposes of this Agreement, “substantial business contacts” shall include interviews with a (Comp B)
Client or the preparation of proposals to a (Comp B) Client or prospective client.
e. In the event of a violation of this section, (Comp B) shall be entitled to injunctive and other equitable relief
enforcing (Comp B)'s rights, without limitation of any other remedies available at law.
Is this a regular contractual agreement? should i sign this ?
what are the problems i will face if i sign and break these agreements.
Appreciate your help.
Regards,
An H1BEmployee
I got a RFE after 2 weeks of filing and when i contacted my employer they have told its common template requested by USCIS which they will do in regular basis (He told they have all the required documents since they are prime vendor to the client).
after 2 days they have contacted me to sign a "Professional Services Agreement" as part of requested RFE documents.
one of the section contains below statements
a. Solicit, undertake, or engage in the provision of Employee’s services to, or accept employment or
assignment with, any (Comp B) Client with whom Employee had substantial business contacts through (Comp B)
during the one year period preceding Employee’s termination, or for whom Employee provided services
through (Comp B) at any time during the one year period preceding Employee’s termination, unless
Employee first notifies (Comp B) in writing of Employee’s intent, and (Comp B) consents in writing to such
activity; or
b. Solicit, hire, attempt to hire, contract, or attempt to contract with any employee of (Comp B) or otherwise
encourage any employee of (Comp B) to terminate his/her relationship with (Comp B); or
c. Solicit, refer, negotiate the provision of, or otherwise encourage, a third party’s services to any (Comp B)
Client with whom Employee had substantial business contacts through (Comp B) during the one year period
preceding Employee’s termination, or for whom Employee provided services through (Comp B) at any time
during the one year period preceding Employee’s termination, unless Employee first notifies (Comp B) in
writing of intent, and (Comp B) consents in writing to such activity.
d. For purposes of this Agreement, “substantial business contacts” shall include interviews with a (Comp B)
Client or the preparation of proposals to a (Comp B) Client or prospective client.
e. In the event of a violation of this section, (Comp B) shall be entitled to injunctive and other equitable relief
enforcing (Comp B)'s rights, without limitation of any other remedies available at law.
Is this a regular contractual agreement? should i sign this ?
what are the problems i will face if i sign and break these agreements.
Appreciate your help.
Regards,
An H1BEmployee
