Desi Consultant asking for money

[nicko258]

Hi,

I am working for ABC consultancy on OPT for the last one year during which they filed my H-1 which got approved on consular based processing. In the meantime, I also filed for my STEM extension which also got approved (currently I am on my STEM). Now after one year the end client has decided to take me full time and they have initiated the change of employer process on premium processing. Being a loyal employee I informed my consultancy and they did not take it properly the news of me joining the end client. My consultancy guy got mad at me and told me to pay 10k as I have signed the non-compete for not taking any offers with the vendor or the end client. Is there anything I can do to stop my consultancy from harassing me for asking that much money? Can I talk to the lawyers assigned to my case by the end client?

Any help is much appreciated! Thank you!

Edited November 19, 2020 by nicko258

[cap-gap]

If you signed a non-compete agreement, then it’s not really harassment.

Your  H1b transfer can’t be filed if your H1b isn’t activated yet.

[JoeF]

Non-compete agreements are usually valid (except in California.) You need to work with your new employer to get that resolved. You should have told them from the start that you signed a non-compete.

And next time, don't sign something if you don't understand the consequences.

Edited November 21, 2020 by JoeF

[gopalakrishnach]

First see your offer letter and normally they will have non-compete clause in them. Talk with labor lawyer. They will have terms like you cannot join client atleast for 1 year after moving out of employer.

Edited November 24, 2020 by gopalakrishnach

[rksingh]

If you signed a non-compete agreement then you are bound by its terms as it is considered as a contract.

You can ask your client to see if they can request your consultant to release you from the non-compete agreement....remember, the client has the power of money over your consultant.

[Zodiac System]

Every employer spends thousands of dollars in while filing H1b petition and attorney fees (investment in a new hire) which would easily total to  around $10,000 and therefore have the non-compete clause in the job offer.  Check out page 22 of Form I-129 for the fees that goes to the Govt. + premium processing fees + attorney fees.