221G and Non-Compete

[adi221g]

Hi

Let me explain my situation, I was in EVVC model with Employer A àMiddle vendor B à Prime Vendor C àClient D. I went for stamping in last May and got 221g and my case was sent to USCIS. My client is interested in taking me back but the prime vendor C & B are not willing to file an H1B and C has suggested finding another Middle vendor instead of “B”. I don’t want to be in EVC model as it will create problems. I found another prime vendor X for the client D who is willing to do my H1B but now the existing prime vendor C and Middle Vendor B are threating that they will sue me with a non-compete. My employer A is not concerned as my H1B with him is going to expire in 10days. I had signed non-compete with only my employer and it says as below.

1. Non-Competition and Nonsolicitation:

During the period of employment with AAA you are not supposed to compete with AAA in any manner. During the term of your employment with AAA and for a period of six (6) months following the termination of the employment whether voluntary or involuntary, you shall not directly or indirectly accept any employment or perform any services similar to the services you have provided to or on behalf of the Employer with the clients or others to whom you have been assigned.

My new job with vendor X is in Arizona while my previous was in Illinois but with the same client. Can the vendors C & B sue me? It has been 6 months since I worked with them but officially my contract with them was not terminated. I need you opinion and suggestions before I go with an H1B filing with vendor X.

Any help in this regards is greatly appreciated.

Thanks

[JoeF]

Non-compete agreements are generally valid (except in California, due to a ruling of the CA Supreme Court.)

[chtummala]

they can not .. they can sue ur employer

but your employer can sue if there is a contract breach ..

[metroguy]

Talk to your client about your situation. If your client is Ok no one will touch you. Your vendors wont sue you, if they do they will loose business with client. So they dont dare touch you

[hari261]

Hi,

what is the reason for 221G in your case, Because i am also planning to go for stamping with EVVC model.

Thanks.