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  1. #1
    Join Date
    Jun 2011
    Posts
    1

    Default H1b Transfer

    Hi,

    I have questions related to H1b transfer.

    Employer A has my H1b. I work for Client C through prime vendor B ie
    A(employer) ->B(prime)->C(client).

    I have a contract with employer A which states

    "other than with the express written consent of the employer, the employee will not, during the continuance of this agreement or within 2 years after the termination or expiration, as the case may be , of this agreement, provide or attempt to provide, directly or indirectly , any services to any client (or client of the client) to which employee has been introduced or about which employee has received information through employer or as a result of employees employment with the employer or as a result of assignments assigned to employee by the employer or as a result of employee discussion with employer. In case of breach of this provision the employee will require ti pay the employer damages equals to $10000"

    questions
    1) Do other H1b employees work under any contract like me ?


    2)If I join the prime vendor or client will the above clause apply to me?

    3)After the H1b is transferred, can the employer revoke the H1b?

    Please help me.

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: H1b Transfer

    Non-compete agreements can be in contracts signed by US citizens as well as guest workers. You must have all of your contract documents reviewed by an attorney in your state.

    You signed the contract in order to be employed by your current employer; you should expect to abide by it or be liable for damages (should it be found to be enforceable) if you choose to change employment.

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