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H1 Transfer .... Need Help
Hi
I am on H1 b and Working in ABC company and the work which i am doing is taken by offshore company XYZ, now XYZ is offering me full time position and that is what ABC also wants but i have a contract signed with my employer and mid layer which is non compete and states as
I agree that during the term of this Agreement and for two year after the termination of this contract for whatever reason, whether such termination was by PQRS, Client or my Employer, and whether with or without causes, I agree that, I shall not, as a principal, Employer, partner, agent, independent contractor, employee or in any other individual or representative capacity, provide or attempt to provide directly or indirectly any services to the Client or Client’s End Customer, to which within two year prior to termination of Contract with PQRS, I have been introduced or provided Services in any capacity. I agree that during the term of this Agreement, I may be solicited or offered a full-time position directly by the client or End Customer where I have offered services. I agree that I will not accept such offer nor submit any documents [including any documents required for VISA sponsorship] without the prior written approval of PQRS.
I agree that I will be directly liable to PQRS of any direct and consequential damages suffered as a result of breach of this Agreement. I understand that the amounts of damages may be difficult to determine, and accordingly agree to pay to PQRS as stipulated damages and not as a penalty, amount of profit lost due to such action.
Please advice me what should i do.... should i accept this offer and if yes how and what are the legal complicatioons i have to face or should i reject this offer.
Please reply soon its veryyyyyyy urgent.
Thanks a TON in Advance.
I am on H1 b and Working in ABC company and the work which i am doing is taken by offshore company XYZ, now XYZ is offering me full time position and that is what ABC also wants but i have a contract signed with my employer and mid layer which is non compete and states as
I agree that during the term of this Agreement and for two year after the termination of this contract for whatever reason, whether such termination was by PQRS, Client or my Employer, and whether with or without causes, I agree that, I shall not, as a principal, Employer, partner, agent, independent contractor, employee or in any other individual or representative capacity, provide or attempt to provide directly or indirectly any services to the Client or Client’s End Customer, to which within two year prior to termination of Contract with PQRS, I have been introduced or provided Services in any capacity. I agree that during the term of this Agreement, I may be solicited or offered a full-time position directly by the client or End Customer where I have offered services. I agree that I will not accept such offer nor submit any documents [including any documents required for VISA sponsorship] without the prior written approval of PQRS.
I agree that I will be directly liable to PQRS of any direct and consequential damages suffered as a result of breach of this Agreement. I understand that the amounts of damages may be difficult to determine, and accordingly agree to pay to PQRS as stipulated damages and not as a penalty, amount of profit lost due to such action.
Please advice me what should i do.... should i accept this offer and if yes how and what are the legal complicatioons i have to face or should i reject this offer.
Please reply soon its veryyyyyyy urgent.
Thanks a TON in Advance.
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