How can i change my employer

[lifenspring]

Hi All,

Please help with this issue. My current client offered me Full time and my employer is not accepting it. He said he won't because he looses his business. He is trying to scare me by saying my client hired me as a contractor not as hire to contact basis. And I signed on it.

I been working with this client over 1 year. I'm on my OPT extension status (expiring on this June). My H1b also got approved but not active (didn't get my I90 with approval)

Any suggestions Please?? I would like take this opportunity.

[shervin143]

It is not possible to comment without knowing what you actually signed with your employer. You should seek the help of an attorney.

[lifenspring]

Thanks for you reply. I'll talk to the attorney but before that I'm trying to understand the consequences with my issue.

I'm not sure but if I do sign any of such documents then what will be best way for me. I thought first I'll resign my current job and after 1 week I'll apply for the client position. (just to skip the legal headaches)..???

[shervin143]

As per my knowledge, any kind of contract with the employer stating that the employee should be employed for a particular duration will not stand legal. However, a contract stating that you are not suppose to join the end client or the middle man for a particular duration stands legal since it directly affects the business. So like I mentioned earlier, consult an attorney.

Thanks for you reply. I'll talk to the attorney but before that I'm trying to understand the consequences with my issue.

I'm not sure but if I do sign any of such documents then what will be best way for me. I thought first I'll resign my current job and after 1 week I'll apply for the client position. (just to skip the legal headaches)..???

[lifenspring]

Thanks for you info. It's really helpful. I have another question with regard to this issue.

Do I need to always maintain good relation with my previous employer? In my case I don't think I can. If so what are the future issues (applying for H1, GC..etc) ??

[shervin143]

I think you are worrrying too much. There won't be any such issues with H1B or GC. If you can get the experience letter with your roles and responsibilities before you quit which will be helpful while filing the GC.

Do I need to always maintain good relation with my previous employer? In my case I don't think I can. If so what are the future issues (applying for H1, GC..etc) ??