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The company which holds my H1 is company A and is based in CA. I came to US in June 08 and stayed in NJ with my relatives. Company A did not do any marketing for me. Finally I managed to land a job in east coast with company C through its direct vendor company B. Company A and Company B have a corp to corp agreement. During the intial four months company A did not pay me. They paid my flight ticket and gave me $500 for expenses. It has been more than a year working in my current project. I asked Company A for a raise which he denied saying that the Company was not doing. Later I got a rate increase from Company B, after that I asked Company A to give me a hike. To this also he did not agree. After fighting with him for months he agreed to pay me quartely bonus. But they said that will not increse my salary on my salary slip. As I had done the rate negotiations with Company B, I know that my employer is passing me peanuts and keeping the major chunk for himself. My project is slated to run through end of next year. I want to transfer my H1 to some other company but continue working with Company C through Company B. I even had a talk with Company B and they have no problem if I transfer my H1 to Company X. They are ready to do a corp to corp agreement with them. I have a non-compete agreement in my offer letter which states:
During the course of (unless otherwise directed by and done on behalf of company A) and for the one (1) year period following the termination of your employment with company A, you agree not to directly or indirectly (i) solicit the business of or become employed by any customer or third party entity with whom you had been placed on behalf of company A, and (ii) solicit for employment any person(s) employed by company A. You agree that company A will be entitled to injunctive relief as well as damages for any violation by you of this paragraph and that this provision is reasonable and necessary for company A‘s protection due to your exposure to company A‘s confidential and proprietary information and trade secrets.
I want to know if I transfer my h1 toCompany X, will Company A sue me? What are the other options that I have. In my offer letter Company A had mentioned that they will start paying me only after I start working on a pjt. I feel that he is harassing me staying on the fine legal line. Please advise me on how to go about it.
During the course of (unless otherwise directed by and done on behalf of company A) and for the one (1) year period following the termination of your employment with company A, you agree not to directly or indirectly (i) solicit the business of or become employed by any customer or third party entity with whom you had been placed on behalf of company A, and (ii) solicit for employment any person(s) employed by company A. You agree that company A will be entitled to injunctive relief as well as damages for any violation by you of this paragraph and that this provision is reasonable and necessary for company A‘s protection due to your exposure to company A‘s confidential and proprietary information and trade secrets.
I want to know if I transfer my h1 toCompany X, will Company A sue me? What are the other options that I have. In my offer letter Company A had mentioned that they will start paying me only after I start working on a pjt. I feel that he is harassing me staying on the fine legal line. Please advise me on how to go about it.
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