H1 B transfer - non compete clause

[lilyefty]

Hi,

 

Consultancy firms (Firm A) currently holds my Visa. I am currently on a project with Firm C via a middle consultancy firm (Firm B). The end client is Firm D but Firm C wants to hire me full time. 

 

I had signed a 1 year contract with Firm A but the non compete clause says, "Employee agrees that she is contracted with the employer for the entire duration of an H1B validity period including any extensions thereof. Enployee agrees not to solicit or accept full time / part time job offers or employment for the entire duration of any project assigned to him / her, inclusive of any project extensions with any other company ie. primary vendors or their affiliates or subsidiaries and or end clients where you have been assigned to perform consulting services at specific end client work site locations and for an additional employment at any time with any of <firmA> clients, business partners, associates or contractors, introduced by <firmA>"

 

I have been with firm A for over 1.5 years.

 

Should i be worried if i want to go for a full time job?

 

Lily

 

[jairichi]

Yes, as your non-compete clause is during your H1B validity period. Talk to a good labor attorney.

[rahul412]

Contact an attorney to review that agreement document.