Agreement between US company and India company

[shivani142010]

I have an Indian consultancy company in India and I provide staffing services to the Indian clients. 1st time I have given a candidate to USA client and the corresponding vendor wants to pay me on monthly basis for the services. Since I am on H1 I can NOT get any money from the vendor as he doesn't hold my H1.

In that case:

1 Can I make agreement between my Indian company and USA vendor and receive payment check for my Indian company.

2.Can the agreement be enforceable, so that if USA vendor breaches the contract I can sue him.

3.Any other solution??!!

Will really appreciate the answer from the experienced members.

Best Regards,

[wiweq]

"Since I am on H1 I can NOT get any money from the vendor as he doesn't hold my H1."

=> The post is not clear to me. So, you are on H1b and running a company in India?

[JoeF]

Since I am on H1 I can NOT get any money from the vendor as he doesn't hold my H1.

If you are in the US on H1, you can not run your own company.

If you do, you are out of status, i.e., illegal.

You can not sign any contracts for your Indian company, either.

[t75]

It sure sounds like OP is working illegally while in the US on H-1B.

OP, you need to worry less about someone else breaching his contract with you and more about what is the effect of your illegal work in the US

The solution - get an attorney! You need one to explain US laws.

[GcLLC]

I have an Indian consultancy company in India and I provide staffing services to the Indian clients. 1st time I have given a candidate to USA client and the corresponding vendor wants to pay me on monthly basis for the services. Since I am on H1 I can NOT get any money from the vendor as he doesn't hold my H1.

In that case:

1 Can I make agreement between my Indian company and USA vendor and receive payment check for my Indian company.

2.Can the agreement be enforceable, so that if USA vendor breaches the contract I can sue him.

3.Any other solution??!!

Will really appreciate the answer from the experienced members.

Best Regards,

Couple of things:

1. What do you mean by "given a candidate to a US client"? Is the candidate in India or US? If in US, who sponsored the Visa?

2. If the Indian company provided services to a US client the agreements are between the US client and Indian company. All payments should go to the Indian company and any legal action should be initiated by the Indian company. You personally would have no locus standi in these matters.

3. Since you are on H1-B you cannot act as an agent/representative or liaison officer for the Indian company.

Hope this helps.