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H1 Transfer .... Need Help

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  • H1 Transfer .... Need Help


    I am on H1 b and Working in ABC company and the work which i am doing is taken by offshore company XYZ, now XYZ is offering me full time position and that is what ABC also wants but i have a contract signed with my employer and mid layer which is non compete and states as

    I agree that during the term of this Agreement and for two year after the termination of this contract for whatever reason, whether such termination was by PQRS, Client or my Employer, and whether with or without causes, I agree that, I shall not, as a principal, Employer, partner, agent, independent contractor, employee or in any other individual or representative capacity, provide or attempt to provide directly or indirectly any services to the Client or Client’s End Customer, to which within two year prior to termination of Contract with PQRS, I have been introduced or provided Services in any capacity. I agree that during the term of this Agreement, I may be solicited or offered a full-time position directly by the client or End Customer where I have offered services. I agree that I will not accept such offer nor submit any documents [including any documents required for VISA sponsorship] without the prior written approval of PQRS.

    I agree that I will be directly liable to PQRS of any direct and consequential damages suffered as a result of breach of this Agreement. I understand that the amounts of damages may be difficult to determine, and accordingly agree to pay to PQRS as stipulated damages and not as a penalty, amount of profit lost due to such action.

    Please advice me what should i do.... should i accept this offer and if yes how and what are the legal complicatioons i have to face or should i reject this offer.

    Please reply soon its veryyyyyyy urgent.

    Thanks a TON in Advance.

  • #2
    Since XYZ was not in the agreement, I guess you can join them. Wait for others to respond though.


    • #3
      If your company finds out, you will be subject to the non-compete as I read it. Talk to a labor law attorney.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.


      • #4
        H1 Transfer.....need help

        Really Appreciate yours reply, i talked to attorney also and she said that we have points we can fight back with them..

        1) if they provide you the job the next day you are out of current job then they are good else that cant stop you, as you have to feed yourself .....

        2) they pay me very late like i have not recieved my payment for feb and i have email to prove that.

        Not sure that will help or not.

        I have one more Question what are the chances of my H1 b transfer is there any risk in that according to current situation.

        Please Advice....

        Thanks you guys make others life easy.