Non Compete Agreement H1B


Sai_K_That

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Hi,

I have been working for a client A for the last 5 years 6 months. During this time, I have been working through a middle layer Company C through my H1B employer Company D. The primary vendor is Company B. There are other layers as well. In short, following is the chain

(Client (Company A) -> Prime Vendor(Company B) -> Layer 1 -> Layer 2 -> Layer 3 (Company C) -> H1B Employer(Company D)).

The client has recently awarded a contract(in a different department) to a new Prime Vendor Company X. Company X is offering me a position, one that is different from what I was doing the last 5 years and 6 months.

Company C(middle layer) made me sign a NCA with the following statement:

"Consultant agrees not compete with clients introduced by the Company for 1 year from the date of introduction OR 1 year from the last date the consultant performed any services to the Client on behalf of the company"

Given this, can I accept the new position offered by Company X(a completely different Prime vendor) at the same client.

Any suggestion will be of great help and thank you for reading my post.

Sincerely,

Sai

 

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