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Lee_St
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Posted on 04-23-17 9:22
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Hi Guys! A very Happy Sunday to you all ! I need some suggestion from IT gurus regarding my issue.I have been working through with X dhoti consultancy for almost a year now.My Client has offered me full time position before 2 weeks as I happily accepted that offer(paper work not started yet). Other side of story,My consultancy has filed H1B on April 7 ,I believe I have to wait for some more time to find out the lottery results.My question is Can I change my employer right now and process my H1B from client side if it’s picked? I am in big delimma whether to take this opportunity or not because of this issue. Please advise/Share your suggestions. Thanks in Advance!!
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maxpayne
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Posted on 04-23-17 3:03
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Wait until your H1B is decided and you actually get it. Then your company can petition for a new H1b.
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Everest8448
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Posted on 04-23-17 3:45
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First of all, you should check either you can legally join to the current client or not. Most of the company has signed Non-disclosure agreement between two company. (e.g. current client and X company). There is a standard clause the client can't hire their employee within a year or two after terminate/leave the company. You will be in trouble, if such clause has been exist in the NDA. The sponsoring company may cancel or even withdraw your H1B, if you leave the organization without prior notice before getting approval. They can just fax a letter saying that they are going to withdraw your H1B. Then you are no more H1B from such date. It will automatically cancel from such point.
If you signed any legal document, non-competent agreement or NDA with X company, then you should check with legal consultant before jumping to the client.
Last edited: 23-Apr-17 04:32 PM
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Lee_St
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Posted on 04-30-17 10:35
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Thanks Maxpayne and Everest 8448! I had signed Non-disclosure agreement stating that I won't take any offer from Client/Mid vendor within a year and that agreement is going to end at the end of this month.Is it safe enough to accept full time offer after 1 year? For this year H1B,I haven't received notice date yet so I bet I am not selected. I have heard people filing green card after getting labor certificate approval,Can anyone provide some insight regarding this? Thanks!
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Everest8448
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Posted on 05-01-17 2:57
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The NDA is valid 1 year from the date of terminating/leaving the company. If you have already signed the NDA and in placed, you can't join current company before 1 year from date of departure from current vendor. If you will violate the terms and conditions of NDA, then may see legal notice from the vendor. You should think twice before terminating and accepting offer letter from current vendor.
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