H1B portability

[kiran117]

Hi,

I have questions related to H1b transfer.

Employer A has my H1b. I work for Client C through prime vendor B ie
A(employer) ->B(prime)->C(client).

I have a contract with employer A which states

"other than with the express written consent of the employer, the employee will not, during the continuance of this agreement or within 2 years after the termination or expiration, as the case may be , of this agreement, provide or attempt to provide, directly or indirectly , any services to any client (or client of the client) to which employee has been introduced or about which employee has received information through employer or as a result of employees employment with the employer or as a result of assignments assigned to employee by the employer or as a result of employee discussion with employer. In case of breach of this provision the employee will require ti pay the employer damages equals to $10000"

questions
1) Do other H1b employees work under any contract like me ?


2)If I join the prime vendor or client will the above clause apply to me?

3)After the H1b is transferred, can the employer revoke the H1b?

Please help me.

[shervin143]

1) Do other H1b employees work under any contract like me ?
>>> Not everyone. H1B holder who work under consultancy companies do have contract agreements like these.

2)If I join the prime vendor or client will the above clause apply to me?
>>> Yes.

3)After the H1b is transferred, can the employer revoke the H1b?
>>> Yes.

[kiran117]

3)After the H1b is transferred, can the employer revoke the H1b?
>>> Yes.

i) After the H1b visa has been transferred to new employer, if old employer revokes H1b then I can continue to work with new employer without any problem ?

ii)Please let me know the list of items the new employer needs from my old employer like experience letters, etc

iii) I am also planning to apply for green card. Do I need to give details about my old employer ? any letters from old employer ?

Thanks for the help.

[shervin143]

i) After the H1b visa has been transferred to new employer, if old employer revokes H1b then I can continue to work with new employer without any problem ?
>>> No issues. Why do you care whether the old employer has revoked the petition or not when you have already transferred it to the new employer.

ii)Please let me know the list of items the new employer needs from my old employer like experience letters, etc
>>> The main one is the copy of the H1B approval notice. Get an experience letter from the old employer mentioning designation, from & to date of employment, your roles and responsibilities and the technologies / specialized skills used.

iii) I am also planning to apply for green card. Do I need to give details about my old employer ? any letters from old employer ?
>>> Experience letter mentioned above will be very helpful.