H1b Transfer

[kiran.a117]

Hi,

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 ?

As far as I know, H1b employee is free to work for any one.

2)If I join the prime vendor or client will the above clause apply to me? If the contract itself is not applicable then do the above clause under contract apply?

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

Please help me.

thanks in advance.

[kiran.a117]

Hi All,

Please help me.

Thanks

[shilpatalks]

You will need to check with a lawyer.

It depends on which state in which these entities are located and the state where you work. I know for sure that if its in California then such a contract does not have much value.

There is also a possibility that the prime vendor and your employer or the vendor and the client may have similar contracts signed. In such cases they will not hire you.

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

yes they can but it should not matter once you have it transferred you are safe.