H1B non compete agreement

[godisgreatindeed]

Hi All,

Please help on this issue.

My wife works for company X in India. She has been deputed to USA on H1B visa to work at client site. When working with the client, a job opening came up with the same client and my wife applied for it. The client finds her suitable for the opening and is ready to offer her a full time job.

My wife has not signed any non compete agreement with company X. However, company X and client has a non compete agreement stating that the client should not recruit company X's employees.

What are the complications we need to face if the client offers the job and my wife accepts it?

Thanks
(reply)

[txh1b]

Once HR finds out that there exists a NC between the company and the client, they will not offer her the job for sure. Managers are not aware of legal contracts and they may promise a job.

If a non compete exists, there is no point in applying for the job at the client site.