raj_038 Posted December 16, 2012 Report Share Posted December 16, 2012 I am currently working for a CLIENT--> C through a middle vendor --> B and my employer is -->A, with whom I hold my H1B Visa. C is interested with my performance and wants me to join them as a full time employee and are ready to do my H1 transfer. The employment agreement states : In consideration of the COMPANY, entering into this contract and the parties each recognizing unique character and nature of the services to be rendered by EMPLOYEE and the nature of the relationship must be established, The EMPLOYEE agrees that it shall not directly or indirectly, individually or as an EMPLOYEE,partner,officer,director,stockholder,or in any other capacity whatsoever of any person, firm, partnership or corporation in any way transact carry on or conduct or refer or recommend any business as consultant or otherwise with COMPANY clients except pursuant to this agreement during the term of this agreement, whether voluntarily or involuntarily. ----------- PLEASE help me take a decision on whether i can legally join COMPANY C after i give 1 month prior notice to COMPANY A to terminate employment agreement? Also my H1B visa expired last month but COMPANY A has applied for H1B extension 2 1/2 months back whose decision is still pending. I also planned to fly India next year in FEB. Link to comment
t75 Posted December 17, 2012 Report Share Posted December 17, 2012 Have this agreement read by an attorney in the state in which you are working. It may be enforceable based on the state law. Link to comment
raj_038 Posted December 17, 2012 Author Report Share Posted December 17, 2012 Thank you for your reply t75... Link to comment
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