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  #1 (permalink)  
Old 09-17-2013, 11:45 AM
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desi_cowboy is on a distinguished road
Default converting from contract to full time while on desi consultacy contract period

I came to US on green card (thru spouse) and joined a desi consultancy company to get me a contracting job in software development. They did resume prep. and marketing for 1 month to find a contracting job for me. There is no accommodation or other expenses made by consultant for me.

I got a contracting job in a month since I joined desi consultancy firm. Desi consultancy company asked me to sign a contract to remain on their payroll for at least one year before I can convert into full time.

It's now around 3 months and my client has made an offer to convert me into a full time. Will there be any issue if my desi consultancy company don't let me go? What's the standard procedure to get out this situation and get into a full time job?

There are three layers rightnow:
Client <--- American Consultancy Firm <--- Desi consultancy firm <----- My desi consultancy firm (whom I have signed up for 1 year agreement)

Please advice on this.
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  #2 (permalink)  
Old 09-17-2013, 12:57 PM
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Default

You have a Greencard and that is huge deal. You are nobody's bitch. First thing to do is think that you are in control of your destiny and you have a position of power. Then you will see solution clearly. If you continue to have the mentality of an Indian living in India, you will continue to live like a servant whether you are in USA or any other country in the world. In India feudal system still exists today. This is why a foreign woman rules the country and bureaucrats behave as if they are kings. Upper castes and rich control the poor in villages. You must thank God first that you are out of that. Now clear your mind out of the dirt and think that you are an American. You will see a total change in perspective in how you will deal with people and systems in this country. If you still want to behave like an Indian from india, not only employers will exploit you, even friends, relatives and anyone on the street will take advantage of you in life.

Spend a couple of hundred dollars next like how an American would (A typical Indian will be scared to approach a lawyer, will not spend money and only seek advice on forums) and talk to a labor lawyer in your city. Google and you will find. Show him the contract. Don't be scared of lawyer or law. Law is your best friend and your power in this country. This is United States of America. Land of the free and brave.
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  #3 (permalink)  
Old 09-17-2013, 03:48 PM
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Default Check for Non-compete Agreement

The employment is at will. You are free to work for anyone you wish.
However if you are joining the client for whom you are working through your employer may come under non-compete clause if the contract between the vendors specifies so.
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  #4 (permalink)  
Old 09-18-2013, 05:34 PM
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desi_cowboy is on a distinguished road
Default

Quote:
Originally Posted by imh1b View Post
You have a Greencard and that is huge deal. You are nobody's bitch. First thing to do is think that you are in control of your destiny and you have a position of power. Then you will see solution clearly. If you continue to have the mentality of an Indian living in India, you will continue to live like a servant whether you are in USA or any other country in the world. In India feudal system still exists today. This is why a foreign woman rules the country and bureaucrats behave as if they are kings. Upper castes and rich control the poor in villages. You must thank God first that you are out of that. Now clear your mind out of the dirt and think that you are an American. You will see a total change in perspective in how you will deal with people and systems in this country. If you still want to behave like an Indian from india, not only employers will exploit you, even friends, relatives and anyone on the street will take advantage of you in life.

Spend a couple of hundred dollars next like how an American would (A typical Indian will be scared to approach a lawyer, will not spend money and only seek advice on forums) and talk to a labor lawyer in your city. Google and you will find. Show him the contract. Don't be scared of lawyer or law. Law is your best friend and your power in this country. This is United States of America. Land of the free and brave.
I am interested in hearing from people who may have similar situations in the past and what was their experience with their desi consultant and also like to hear their suggestions.
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  #5 (permalink)  
Old 09-19-2013, 12:12 PM
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virat is on a distinguished road
Default

I think you could have better phrased your question about
1) getting out of contract, or what legal binding the contract holds, and
Usually most of the employment in US is at will. So check this clause and you should be free from any contract. Also one sided contracts are not valid. It has to be both ways if there is any.

2) Any non compete issues if you are joining your client.
It depends what state you are in. In California there is no non-compete, but in states like NJ it is present.

It may be better if you can share the exact wordings of your contract and employment conditions. It might of come with your offer letter.
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  #6 (permalink)  
Old 06-25-2015, 09:24 PM
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Galactic_Warrior is on a distinguished road
Default Same situation

I am also having the similar situation. I am a green card holder and started to work for the client (A) since December, 2014 through Employer (C). There was a middle layer, prime vendor (B) between Client (A) and the Employer (C). During the interview, the client had asked if I was okay to join full time within the contract period. My answer was YES. And now few month ago, my client asked me if I wanted to become a PERM? I said I am happy. Meantime I told the Employer that the client had offered me the PERM position and I was very happy to be joining them. But the Employer said I can't join them because of the NON-COMPETE contract I had signed with them. So, then I decided to talk to the prime vendor (B) and they told me I can join the client without a doubt. Vendor B was not putting any obstacle. So, I started having discussions with the Employer (C) and I finally decided to join the Client. Even after I joined the Client (A), the Employer was scaring me of many things like legal issues, green card revocation etc. I was scared but having a lot of discussion and thoughts, I told myself that I wouldn't worry about it. Then the Employer (C) stopped my payments of past 2 months. I asked them politely to give my salary. They said they haven't received from the prime vendor (B). Meanwhile, I talked to the middle prime vendor and asked them if the payment had been made. They told me the payment was done 3-4 weeks ago. So, I got little frustrated and told them, that I would go to the DOL and complain about not receiving the payment. After this, they posted my one month salary after few weeks. And finally the last one on the few weeks ago. Since the I hadn't been in contact with them. But, recently, I received an email from an attorneys office telling me that I have a week to pay the damages to the Employer (C) otherwise, it would be in court. I am little worried and confused. One way I tell myself not to worry and remain calm but other way I think I should take some legal advice and proceed further. I asked my friends about this topic, none can say anything. They said they have never seen anything like this. I asked the prime vendor (B) and the response was not to worry. They looked at my contract and said they can't do anything. They told me to remain calm.

So, now I decided to write my situation and ask help from other fellows who had similar issues and thought their experience would help me get better solutions. Thank you all in advance.
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