Hello, I am currently on L1B with one of the Indian IT consultancy services.
Customer is interested in me to join them directly and want to file H1B.
My current company have taken a signed agreement from me in India restricting joining the customer directly for at least one year while my deputation to USA.
What if my H1B get selected and I join my customer directly?
Can my current employer take me to the court or what worse can they do?
What is the solution to avoid this dispute?
How much time have you spent in USA on deputation?
Generally, the Indian contracts are not valid in USA.
And if your consulting company is a big company, then they will not take it to court either.
Normally in USA, there are contracts between the consulting company and the client that client will not hire the consultant for at-least 6-12 months.
That contract is between consulting company and client.
If client if offering you the position keeping in mind their contract with your current employer, then your client needs to worry about the legal matters and not you.
You should clearly talk to client and explain your situation. If they are okay to make you join, you can go ahead.
Note that you are not the first one to do this. Everyday, hundreds of people from all big consulting companies like TCS, HCL, Infosys, Cognizant jump the ship and join client.
Thanks for your opinion. There is no such clause in contract between my employer and customer.
However , there such clause in my deputation letter from the employer that I can not join customer directly at least for a year after leaving them. I am worried because I don’t want to be in a situation that if my H1B is approved /L1 gets automatically cancelled, and unabale to join the customer on H1 due to any dispute from my current employer.
I completed one year on L1 here.
Thanks again for your expertise opinion
If you have already completed 1 year, then don’t you satisfy the deputation letter condition?
Why are worried then?
I don’t see any issue in joining your client. You are safe.
Hi Anil ,
Clause in my agreement says that employee can not join customer within one year after leaving employer! This is my worry!
Thank you for addressing my queries.
As I already said, if your client is fine with you joining them, you are fine.