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sam patel

Employment contract breach on OPT

By sam patel in Work Visas

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sam patel Newbie

sam patel   0

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HI All,

 

I am on OPT extension right now. I was working as a contractor in Company A through my employer B. I had a non compete contract agreement with my employer B that I can not work with end client A by any means other than my employer A until 1 year after I leave my current project.

I got a really nice offer for another project in Company A through employer C. So I decided to go with that and started working at end client company A through employer C. So now my old employer A has sent me a legal notice through a lawyer which says that I have breached my contract and I need to immediately leave my new job. The contract is breached as I have joined end client through some other employer other than the previous one.

After receiving a notice from my employer A, I am in the confused state right now and not clear for my further actions. Should I get a lawyer to defend my case and if I do that is there any chance to defend my case and resolve the conflict?

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TBoneTX Grand Master

TBoneTX   45,304

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
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Yes, a lawyer can best advise you, after seeing and hearing all the relevant facts of your case.  Good luck.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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WeGuyGal Proficient

WeGuyGal   1,052

Posted
Filed: Lift. Cond. (pnd) Timeline
Posted
6 hours ago, CEE53147 said:

 

NEVER sign a contract that you do not intend to honor.

+1

 

OP- why join another employer when a contract (that you clearly were aware of and were a signatory to) exists with a current one? You brought this on yourself. 

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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