H1B non solicitation clause

[priya4848]

Hi I have been working with my employer A since 2016 with Client B and Vendor A as middle layer between employer A and client B. I got my H1b in 2018 with employer A. I signed offer letter with had non-solicitation clause as below.

"You agree not to provide software services to any employer A's clients or final clients directly or indirectly, while employed by employer A, and for a period of one year thereafter"

My H1b was approved and is effect Aug 30th 2021 with Client B. 

I gave 2 week notice to my current employer and haven't heard back from them. Will I have any issues based on above statement. Appreciate any advice on how this should be handled.

 

Thank you

[Zodiac System]

Follow up with your employer A.  You have worked five years with them.  Did he file for your I-140? You will need relieving letter and experience letter from him.  Good Luck.

Edited August 18, 2021 by Zodiac System

[JoeF]

If you are not going to the client or to the vendor you are fine.

[LeaveMessageH1B]

If I understood this correctly...

2016- Employer A

2018- Employer A

Presently employed with Employer A and working for Client B through middle vendor A

16 hours ago, priya4848 said:

Will I have any issues based on above statement.

--------Technically--------

Yes, As long as your agreement with Employer A is in effect.

Signed docs and agreements have value in USA. employer/vendor are well within their rights to come after you if they chose to, because you breached/violated terms your employment. 

when you decided to accept position at their client, you essentially cut them out, your employer and middle vendor are loosing business because of you. 

 

16 hours ago, priya4848 said:

how this should be handled.

Sending 2 weeks notice and waiting will not help, get proactive and communicate with your Employer A -HR and Legal department. They may show leniency coz u worked for them since 2016.

Have a paper trail...ask for waiver or release document so you may not face other issues in future.

[priya4848]

My vendor is okay. No issue with them. The clause is in my offer letter with my employer A which I signed in March 2018. It had effective date from October 2018 to Sept 2021 as part of filing my H1b.

Since I signed it more than 3 years ago, will it still be strongly valid.

Edited August 19, 2021 by priya4848

[LeaveMessageH1B]

On 8/18/2021 at 11:58 PM, priya4848 said:

will it still be strongly valid.

It's not about strong or weak , it's valid till date...which is clearly specified.

Get in touch with your employer, only they can answer this question.