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  • Changing the employer

    I am on H1B visa. I am currently working with a consulting company (aka desi consultancy) and they hold my H1B since Dec 2016. They were able to place me into a project in mid March 2017. I have also secured another job and my new employer has done the transfer of my visa and it is approved. The new employer has no business or any sort of relationship with the consulting company. So I am guessing I am not breaching non solicit or non compete clause as per the employment contract that I signed with the consulting company.

    Also when I signed the employment contract with the consulting company there was also a clause which states that I will have to be with them for one year. If I join the new employer I will be breaching that clause. I don't owe any money to the consultancy. There is no training cost, relocation cost that I am liable to pay. Is the 1 year clause enforceable if I join the new employer. What are the consequences and what can I do if the consulting company tries to harass me. I am also ready to forego my 2 weeks salary in regards to serving notice period.

    Please advice.

  • #2
    Which state are you in?

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    • #3
      Originally posted by inadmissible View Post
      Which state are you in?
      NJ. How does state matters here?

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      • #4
        Enforceability of employment contracts are a state specific issue because such contracts are governed by state law and would be litigated/enforced in state court

        Your best bet would be to sit down and get a consultation (often offered for free) with an employment attorney admitted to practice law in your state, so both of you can go over your employment contract

        From what I read retention clause unlikely to be enforceable in New Jersey
        Last edited by Antonise; 04-20-2017, 10:31 AM. Reason: banned websites

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        • #5
          Originally posted by inadmissible View Post
          Enforceability of employment contracts are a state specific issue because such contracts are governed by state law and would be litigated/enforced in state court

          Your best bet would be to sit down and get a consultation (often offered for free) with an employment attorney admitted to practice law in your state, so both of you can go over your employment contract

          From what I read a retention clause unlikely to be enforceable in New Jersey
          Thank you for replying. But the articles talks about non compete and non solicit clause. I am concerned with one year clause in the employment contract which states that I will have to work for my employee for 1 year.
          Last edited by Antonise; 04-20-2017, 10:32 AM. Reason: banned websites

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          • #6
            Originally posted by vivanvian123 View Post
            Thank you for replying. But the articles talks about non compete and non solicit clause. I am concerned with one year clause in the employment contract which states that I will have to work for my employee for 1 year.
            Any comment please ?

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            • #7
              Visa transfer doubt - Urgent

              Hi ,

              I have a question and its urgent.
              I got my visa transfer from A to B .Same time i received a better offer from C and want to join that.
              As premium processing is suspended they are filing my transfer under regular.

              I will have to join company B this Monday and company C is in final stages of filing my new petition(not filed till now).
              They asked for my recent pay checks which i provided. I never told them that company B has filed my visa and now as it is approved and I am about to join them should i provide them the I-797 of company B also.

              The time i provided all documents to company C ,my transfer for company B was not approved so I didn't share that information. Also company C will file visa in couple of days and when they will file my recent pay statements fr company A will suffice.

              Please help me in understanding if they file my visa 1- 2 days later than my last working date in company A will that effect my visa transfer.
              My understanding is if they file before April 30 they will not need any more pay statements and last two recent pay checks which i provided should work(which is from company A).

              Is it important to give the company B's approved I-797 also. Company C's process got delayed due to some issue so they missed premium and now company B's status is apprvoved.
              Please reply asap.

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