Immigration Voice - Forums - Legacy
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > I-485, EAD/AP application, renewal and related > AC21 Portability after 180 days of 485 filing
Click to log in with Facebook
AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

Reply
 
Thread Tools Display Modes
  #1  
Old 06-18-2008, 05:38 PM
pady pady is offline
Member
Priority Date
:
Jul-05
Category
:
EB2
I140 Mailed Date
:
01/01/2005
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
01/01/2005
Compare
Join Date: Aug 2007
Posts: 60
pady is on a distinguished road
Default Please help me with NonCompete AGreement

someone please explain me how complete agreement works. I am working for the client through the main vendor who has a noncompete agreement with my employer (This is signed by my employer, not me). Now I am planning to leave my employer but the client is interested keeping me in the project through another vendor. Can someone explain me if it is possible?

Since the Noncompete is between my employer and the vendor, how am I responsible since I didn't sign anything? Don't laugh, may be I am ignorant
Bookmark and Share Compare Reply With Quote


  #2  
Old 06-18-2008, 06:28 PM
reddog reddog is offline
Senior Member
Priority Date
:
Mar-04
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Sep 2006
Posts: 193
reddog has much to be proud of reddog has much to be proud of reddog has much to be proud of reddog has much to be proud of reddog has much to be proud of reddog has much to be proud of reddog has much to be proud of reddog has much to be proud of reddog has much to be proud of
Default

No one ever has gone to court over a Noncompete agreement issue. No one will.
Most things in Business run on 'the word', and a non-compete is one of them.

Now, if the company you are working for has more consultants working for the client, the client should be able to convince your company to let you go without any issues.

Also, there are always some loopholes that are not covered in the non-compete, and it would help to explore along those lines.
Very common idea is if job responsibilities change or if you are moved to a different project via a different vendor..
Also, is the non-compete between the two companies written by a law firm and is of any legal binding? If not, what good is that outside the two businesses?

I still do not know why would you want to work thru a different Vendor?
Is this a Preferred Vendor issue?
I mean, if you are anyways going on an AC21(assuming you are one of us )
why not push for a direct employment, that would ease the non-compete issue far more then the Vendor move.

And finally, if the Non-compete is between the Client and the Vendor, why are you worried?




Quote:
Originally Posted by pady View Post
someone please explain me how complete agreement works. I am working for the client through the main vendor who has a noncompete agreement with my employer (This is signed by my employer, not me). Now I am planning to leave my employer but the client is interested keeping me in the project through another vendor. Can someone explain me if it is possible?

Since the Noncompete is between my employer and the vendor, how am I responsible since I didn't sign anything? Don't laugh, may be I am ignorant
Bookmark and Share Compare Reply With Quote


  #3  
Old 06-18-2008, 06:42 PM
panky72 panky72 is offline
Senior Member
Priority Date
:
Jun-06
Category
:
EB2
I140 Mailed Date
:
08/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/11/2008
Compare
Join Date: May 2006
Posts: 219
panky72 has much to be proud of panky72 has much to be proud of panky72 has much to be proud of panky72 has much to be proud of panky72 has much to be proud of panky72 has much to be proud of panky72 has much to be proud of panky72 has much to be proud of panky72 has much to be proud of panky72 has much to be proud of
Default

Quote:
Originally Posted by reddog View Post
No one ever has gone to court over a Noncompete agreement issue. No one will.
I don't know about IT but in other professions people go to court all the time. I have seen several cases.
Bookmark and Share Compare Reply With Quote


  #4  
Old 06-18-2008, 06:44 PM
pady pady is offline
Member
Priority Date
:
Jul-05
Category
:
EB2
I140 Mailed Date
:
01/01/2005
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
01/01/2005
Compare
Join Date: Aug 2007
Posts: 60
pady is on a distinguished road
Default

I would like to stay in the project through a difference vendor because it is stable for quite long time and I am expecting to be there for next 3 yrs.

I am worried because this Noncompete is between my employer and his next layer. The final layer is client and I will be working for the same client through a NEW vendor.
Bookmark and Share Compare Reply With Quote


  #5  
Old 06-18-2008, 07:11 PM
loveiv loveiv is offline
Member
Priority Date
:
Sep-07
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: May 2008
Posts: 43
loveiv will become famous soon enough
Default

Quote:
Originally Posted by pady View Post
someone please explain me how complete agreement works. I am working for the client through the main vendor who has a noncompete agreement with my employer (This is signed by my employer, not me). Now I am planning to leave my employer but the client is interested keeping me in the project through another vendor. Can someone explain me if it is possible?

Since the Noncompete is between my employer and the vendor, how am I responsible since I didn't sign anything? Don't laugh, may be I am ignorant
This is exactly what I did in the past and my desi employer could not do anything because I never signed anywhere, it was between him and the vendor.
I think you should be fine.
Bookmark and Share Compare Reply With Quote


  #6  
Old 06-18-2008, 07:36 PM
keaby keaby is offline
Junior Member
Priority Date
:
Oct-04
Category
:
EB3
I140 Mailed Date
:
07/10/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/02/2007
Compare
Join Date: Jan 2008
Posts: 5
keaby is on a distinguished road
Default

If the non compete agreement between your employer and the vendor is about your employer directly selling your srevices to the client in the future, then you don't have any issue as you are leaving your employer.

If your client is supporting your switch to another vendor, then there seems to be no agreement between the client and vendor regarding vendor change for the same resource..

In general, cases like yours, where the client supports your move, vendors tend to play safe and ignore any non compete agreements, to save the relationship with the client
__________________
PD - Oct/21/2004
Category - EB3
140 ND - 08/03/2007
485 ND - Sep/25/2007 (July07 filer)
Bookmark and Share Compare Reply With Quote


  #7  
Old 06-18-2008, 08:28 PM
whiteStallion whiteStallion is offline
Senior Member
Priority Date
:
Mar-08
Category
:
EB3
I140 Mailed Date
:
06/02/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Apr 2008
Posts: 182
whiteStallion has a brilliant future whiteStallion has a brilliant future whiteStallion has a brilliant future whiteStallion has a brilliant future whiteStallion has a brilliant future whiteStallion has a brilliant future whiteStallion has a brilliant future whiteStallion has a brilliant future whiteStallion has a brilliant future whiteStallion has a brilliant future whiteStallion has a brilliant future
Default

Quote:
Originally Posted by reddog View Post
No one ever has gone to court over a Noncompete agreement issue. No one will.
Most things in Business run on 'the word', and a non-compete is one of them.
...
Completely wrong ! In IT, there have been lot of lawsuits over non-compete agreements... the last and famous one being between Microsoft and Google over a high level Microsoft employee leaving them and joining Google...

I personally know a few people who have paid back in excess of 20k to their ex-employer, because they chose to ignore the non-compete agreement which they signed earlier and joined the end-client directly and got sued...

Pady, in your case the major issue can come from your employer as he is losing out on this deal... He can sue you due to loss of revenue, if you had signed any employment agreement with him, which has a non-compete clause i.e. prohibiting you to work for any competing vendor or client... Review your employment agreement, if you have one.
Bookmark and Share Compare Reply With Quote


  #8  
Old 06-18-2008, 09:17 PM
pady pady is offline
Member
Priority Date
:
Jul-05
Category
:
EB2
I140 Mailed Date
:
01/01/2005
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
01/01/2005
Compare
Join Date: Aug 2007
Posts: 60
pady is on a distinguished road
Default

No, I don't have any agreement with my employer. The only noncompete is between my employer and the vendor. The client is happy to work through different vendor.
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
non compete agreement H1InTrouble Out of status, employment gap and status revalidation 9 09-21-2009 08:31 PM
California Supreme Court strikes down noncompete clauses srhari News articles and reports 0 08-08-2008 05:29 PM
Kansas court upholds noncompete clause enforceability prout02 Work/Travel options after 485 : H1 Versus EAD/AP 1 07-30-2008 02:59 PM
H1B Agreement validity visacase Non-Immigrant Visas 1 07-04-2007 07:25 PM



All times are GMT -4. The time now is 06:09 PM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2022, Jelsoft Enterprises Ltd.
Content Relevant URLs by vBSEO 3.3.0 (Unregistered)
(c)ImmigrationVoice.org