Taking up full time with the client

[vibhuvijayan]

Hi,

I was working with company X(Consulting Company) for past three years, recently I took up a full time with the client whom I was working for past two and a half years. I don't have any contract with company X and all my green card expense was spent by me. I also did give two weeks notice before quitting company X to take up a full time position as per their employee handbook. My question is

1. Can company X come after me legally for taking up a full time position with the client whom I was working for two and a half years? If they did what are my legal options?

2. Can they withhold or revoke my i-140 which was approved 9 months ago?

3. Is it legal for company X to withhold my pay stubs, experience letter and I-140?

Please Note: On the offer letter which I had signed three years ago with company X has following clause --

Consultant agrees that during his/her employment with company X and continuing for a period of

twelve (12) months after termination of his/her employment with company X, Consultant:

Will not directly or indirectly seek and obtain employment, training, or contract for

employment or seek to serve as a Consultant or otherwise to company X clients, customers,

accounts or prospects, without the written permission of company X.

Thanks in advance

[JoeF]

First off, if your LC was filed in July 2007 or later, the company is required by law to pay for it.

Second, an employer can not withhold pay. That would be a labor law violation, and, if the employee is on H1, also an H1 violation.

Third, non-compete agreements are usually valid (except in CA), and the company can go after you for breach of contract.

[pontevecchio]

They can revoke their I-140 though in the absence of fraud you get to retain the PD. Your other questions are not related to Immigration and a local Labor Lawyer will be able to help.

[krv99]

You will violate the non compete based on the contract signed with your consulting company. I know someone who did the same and had to pay significant amt for violating the non compete clause by joining the client. To avoid hassles try and find another company to work directly work for rather then working for this client.

[wiweq]

Before joining the client it’s better to talk to your employer. They may cancel this NCA and the client may "buy" you by paying to your current employer.