Can a non-Compete be void if employere don't fullfill promise. : LUSENET : OpenKnowledge : One Thread

I am currently working with a employer(six month non-compete signed cannot join with client) who promised me to file my H1-B visa as soon as employer secure project for me. Employer placed me at Clients site to work. After 5 Months client requested to hire me permanently. I asked employer who demand very high referel fee. (25% of salary (50000). Client cannot pay such high fee so they decided to hire new person. Meanwhile I asked my employer for H-1B visa. Employer said they have not net filed. This left me with no choice but work with employer. Meanwhile Client asked If I can join after six month and client will file my H-1B visa. Now I have only 3 month work permit left and it's very difficult to find job with H1-B visas required. I signed non-compete because employer promised to file my H1-b visa(As I start project). Can I work with Client after six months. (Employer has not filed my H-1 visa yet as employer promised) I will wait to get feed-back from you.

Regards Mitul Patel

-- Mitul Patel (, April 14, 2001


Hi Miguel,

I second Terry Kearns. I would consult with an attorney who specializes in immigration law as quickly as possible. I'm sorry I can't be of greater help.

-- Chris Rasch (, April 15, 2001.

My advice is to discretely call a lawyer on Monday morning.

-- Terry Kearns (, April 14, 2001.

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