Here are the answers to my knowledge: Normally, I have seen that TCS has a clause in its agreement with the client, that they cannot hire their employees directly for 6 months after they leave TCS. What matters now is what contract. In my case, the non-compete agreement between me and my employer is that I cannot reach the customer directly or through another supplier for at least one year from the date I answered in the negative to my employer. Are such contracts/agreements valid in the United States? I work for an Indian IT consultant. For the past 20 months, I have been working in the United States on an on-site project with the local client, on H-1B visas. My client wants me to run as a full-time employee, but I have this „non-compete“ agreement with my current employer, which states that I cannot accept or seek employment with the client for at least one year after the end of my international engagement. Can I simply ignore this agreement and terminate my current employer to join the client? Normally, I have seen that TCS has a clause in its agreement with the client, that they cannot hire their employees directly for 6 months after leaving TCS. Now, it depends on the contract they have with your company. But usually, this is the trend followed by all major Indian IT companies. Your client (who offers this job) will know more about what they told TCS. Will this be a violation of the treaty? Will it affect me when I apply for a green card? Your thoughts are much appreciated.
I`ve seen people move seamlessly from TCS to a client they worked for. It is up to TCS to dispute this step on the basis of the contract with the customer. Normally, they do not do this primarily to avoid harshness in the relationship with the customer. But remember, this is my personal opinion and it may or may not be true. The risk is still there. TCS will cancel your visa as soon as you leave it. This happens after your last day with TCS in the United States. I think you are confusing some things about the visa process. Hi Satish, have you joined the client company? Has TCS created any legal problems? I am in a similar situation and I am looking for advice.
I look forward to your response. Thank you. Yes, it would be a violation with TCS if you did not respect the full notice period. But there are ways to solve this problem, as I mentioned earlier in the article. You can redeem the notice at any time if you do not wish to return to India and accept the full notice period. But they don`t force me to participate. If I intend to alert TCS and my TCS lead approaches the Client Manager to ask the reason, the client will say: „It`s out of interest, she applied for this position“. If your customer requests an H1B transfer, TCS can never know, unless someone (you or your customer) expressly says so.. .