lgvisa Posted March 13, 2013 Report Share Posted March 13, 2013 Hi, I am currently with employer A who is a desi consulting company. Through employer A I got an offer from an american company B who is the end client. The offer is a contract-to-hire position. The first 3 months would be contracting and then the end client would like to hire me full time. I am willing to join full time after 3 months. But my employer is not allowing me to accept the full time offer. But I am very much interested to join the full time offer. Is there any way that I can bypass my employer and work as full time employee? Link to comment
rahul412 Posted March 13, 2013 Report Share Posted March 13, 2013 Is there any way that I can bypass my employer and work as full time employee? If you didn't signed any agreement states that you cannot work with client directly then you are good to go else client has to talk to your employer and they both come to an agreement. Link to comment
wiweq Posted March 13, 2013 Report Share Posted March 13, 2013 Almost all jobs are at will in USA. What do you mean by your employer is not allowing? Why do you want their permission? I can just accept they offer, and no need to tell to you current employer. Link to comment
Attorney_25 Posted March 13, 2013 Report Share Posted March 13, 2013 If you have signed a contract with your H-1B employer which limits your joining clients, you may want to review it with a qualified labor and employment law attorney in the state of employment or state of employer location (check the contract to see if it specifies the law of a certain state). Generally this type of contract will create some sort of punishment for joining a client, which means you may end up paying the employer something. I'm just guessing though - you're going to have to figure out what your contract requires. Obviously the client will need to file an H-1B petition for you before you can start working for them as an employee. If you have any more questions about the immigration aspects, you may want to consult with a qualified immigration attorney. Link to comment
t75 Posted March 13, 2013 Report Share Posted March 13, 2013 "Contract to hire" still means you have to have a sponsoring employer. You may not work on a 1099 Link to comment
lgvisa Posted March 16, 2013 Author Report Share Posted March 16, 2013 Unfortunately I have signed the contract with the employer. Link to comment
wiweq Posted March 18, 2013 Report Share Posted March 18, 2013 "Unfortunately I have signed the contract with the employer. '" => Verify this contract with an attorney. Illegal contract has no meaning. Link to comment
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