Changing Jobs - Non Compete Agreement

[mesan123]

Here is my situation...


my current project is coming to an end in may 2012....the project has been awarded to different company.....my company will retain me, but i need to totally change my work field(currently in datawarehousing project, but will end up in testing or BA work from development....which i am still not able to decide whether i can make that change( as i am currently been in development for last 11 years) )

now new company which got the same project is offering me the job

below or pros and cons

if i move to new company
-----------------------
1) they agreed to start my GC process immediately
2)i need to join only after my h1b is approved
3) career growth
4) 20% salary hike

5) i will be only employee in H1b. rest of the employees are all citizens, or GC holders. it is a small company with 30 employees
6) based on current moment if dates move i may miss it again
7) need to redo my whole GC process again


if i stick with my current company

1) h1 samped till 2015
2) if dates become current...i can file for 485

onemore thing is i signed non competance in my offer letter with my current company.....it did have a clause i cant join directly/indirectly to the same project in 24 months.....

with all these GURUS can you please suggest whether i can move to new job or not......i know i ahve to decide....but just wanted to share and find your suggestions,

[immi2910]

Here is my situation...


my current project is coming to an end in may 2012....the project has been awarded to different company.....my company will retain me, but i need to totally change my work field(currently in datawarehousing project, but will end up in testing or BA work from development....which i am still not able to decide whether i can make that change( as i am currently been in development for last 11 years) )

now new company which got the same project is offering me the job

below or pros and cons

if i move to new company
-----------------------
1) they agreed to start my GC process immediately
2)i need to join only after my h1b is approved
3) career growth
4) 20% salary hike

5) i will be only employee in H1b. rest of the employees are all citizens, or GC holders. it is a small company with 30 employees
6) based on current moment if dates move i may miss it again
7) need to redo my whole GC process again


if i stick with my current company

1) h1 samped till 2015
2) if dates become current...i can file for 485

onemore thing is i signed non competance in my offer letter with my current company.....it did have a clause i cant join directly/indirectly to the same project in 24 months.....

with all these GURUS can you please suggest whether i can move to new job or not......i know i ahve to decide....but just wanted to share and find your suggestions,

What is your PD? How long do you have before you have to make a decision? Will your company let you join the competitor despite non-compete as they no longer have the same role for you?

[mesan123]

my PD 2/7/2011....regarding my company allowing me, i think they may not be happy.


What is your PD? How long do you have before you have to make a decision? Will your company let you join the competitor despite non-compete as they no longer have the same role for you?

[mesan123]

Can gurus please reply to my post......tnx in advance


Here is my situation...


my current project is coming to an end in may 2012....the project has been awarded to different company.....my company will retain me, but i need to totally change my work field(currently in datawarehousing project, but will end up in testing or BA work from development....which i am still not able to decide whether i can make that change( as i am currently been in development for last 11 years) )

now new company which got the same project is offering me the job

below or pros and cons

if i move to new company
-----------------------
1) they agreed to start my GC process immediately
2)i need to join only after my h1b is approved
3) career growth
4) 20% salary hike

5) i will be only employee in H1b. rest of the employees are all citizens, or GC holders. it is a small company with 30 employees
6) based on current moment if dates move i may miss it again
7) need to redo my whole GC process again


if i stick with my current company

1) h1 samped till 2015
2) if dates become current...i can file for 485

onemore thing is i signed non competance in my offer letter with my current company.....it did have a clause i cant join directly/indirectly to the same project in 24 months.....

with all these GURUS can you please suggest whether i can move to new job or not......i know i ahve to decide....but just wanted to share and find your suggestions,

[richie.rich]

Can gurus please reply to my post......tnx in advance

Getting against non competence is absurd. My earlier employer got me to the court and i had to sell my wife jewelry and my car to pay him tr penalty. This is very serious and no one should that.

I learnt from one of the forums that no employer come after you. But that is wrong. They can sue you hard. I learnt hard way.

[qesehmk]

mesan - if you have signed a non-compete agreement w your current employer, it would be incredibly stupid to violate that. Don't even think about it. Sorry to be blunt. But its for your own benefit. Best wishes.
Can gurus please reply to my post......tnx in advance


Gurus, I need your help here.

Here is the situation...

I'm on L1-B blanket & my wife is on L2.

Initial L1-B Blanket & L2 visa stamp - Aug 2007 till Aug 2010
Extension L1-B & L2 - I-797 + I-94 Aug 2010 till Aug 2012.

I also have H1-B approval I-797 - valid from Oct 2011 till Oct 2014. H1-B was cone as CP.

My wife needs to travel to Inida in March but I can not go due to other commitments.

She is working and would like to continue working. My PD is current as of March 2012.

Can we go to Canada to get L2 stamping till Aug 2012 and hope by then EAD will be there based on I-485.

I work for one of the Fortune 25 employer as direct employee since 2005.

Thanks in advance.

If you are a direct employee of fortune 25 - why can't your wife stamp in India? You think L2 will be denied?

[mesan123]

Thanku for the reply....may be i will stick with my current job


Getting against non competence is absurd. My earlier employer got me to the court and i had to sell my wife jewelry and my car to pay him tr penalty. This is very serious and no one should that.

I learnt from one of the forums that no employer come after you. But that is wrong. They can sue you hard. I learnt hard way.

[mesan123]

Q actually the non competence is not clear....i also wanted stariaght answers.....thank you for that....may be stick with him till i get my GC


mesan - if you have signed a non-compete agreement w your current employer, it would be incredibly stupid to violate that. Don't even think about it. Sorry to be blunt. But its for your own benefit. Best wishes.



If you are a direct employee of fortune 25 - why can't your wife stamp in India? You think L2 will be denied?

[srisri]

Mesan I was in a similar situation few years ago... My client spoke to my employer and paid them some money to nullify the non competent agreement. I recommend you check with the new company if they would do something similar. As far as the actual GC you should be fine as it is taking 6 months at the max these days for clearing the labor so you won't be missing much on GC front.

[TeddyKoochu]

Q actually the non competence is not clear....i also wanted stariaght answers.....thank you for that....may be stick with him till i get my GC

Couple of things.
- You should switch your employer only if your I140 is approved this way you will at least retain your PD. This way you don't come back to square one again. Sometimes a loss of 1 year in PD could just mean 1 month and sometime it could mean years.
- Many people have been betrayed by new employers who promise to file GC but then keep delaying. If transferring be sure to have your I140 receipt number and then you can surely carry your PD because this is how USCIS tracks and maintains its records for you.
- Non competes are state laws so depends on the state where the company is registered. For example in NY, NJ contracts and non competes are very easily enforceable in court whereas in CA they are not even worth the paper they are written on. Regardless its an arduous task in investing time and money fighting with employers / companies who kind of have lawyers on their payroll irrespective of whether they are small or large.
If you get your GC sooner probably you can recoup that missed increment in no time and the peace of mind received sooner is probably priceless.

[srisri]

I agree with Teddy.... I delayed accepting the new position for almost a year until I was assured in the offer letter that they'ed start my GC immediately.

[mesan123]

Tnx for the reply srisri...i dont work for consultancy company.....actually i am not going to join client...but comepetetor....the client is federal.....my non competance is different in couple places....i just will take attorney advice.....still debating myself......incase the my date becomes current for just one month based on NVC reciepts...i will get EAD...i am waiting for EAD .....i will be fine if i get EAD and have to wait for GC for 2 years...


Mesan I was in a similar situation few years ago... My client spoke to my employer and paid them some money to nullify the non competent agreement. I recommend you check with the new company if they would do something similar. As far as the actual GC you should be fine as it is taking 6 months at the max these days for clearing the labor so you won't be missing much on GC front.