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  1. #1
    Join Date
    Jun 2017
    Posts
    1

    Default Can I Work for Same Client Through a Different Employer

    Hi,

    I was working for USA client A through my employer A in India. I have resigned from my Employer as I got my H1B done through different employer B in USA. Now employer B is placing me to the same client that I worked in India. I got call from employer A that I shouldn't be joining same client. I have signed non competent agreement in India. Is it valid in USA? Please advice.

    Thanks,

    Saravanan

  2. #2
    Join Date
    Feb 2008
    Posts
    1,179

    Default Re: Can I Work for Same Client Through Different Employer

    It sounds like you work in India -- so India's employment and contract laws are going to apply, even if the client is American.

    But just for your information, non competes in the US are very state-specific on what can be enforced. If you are working in the US, we need to know what state you are working in. You might need to have the non-compete reviewed both by an American attorney in the state you are working who is familiar with H1B issues AND an Indian attorney.

    It is possible there is an agreement at the client that keeps them from rehiring someone coming from A to B while the employee is under the noncompete with employer A. Did you disclose the non-compete to Employer B during the hiring/H1B process? You need to be speaking with Employer B to get them to look into the issue to see if such agreement also exists.

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