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Can I get non-compete payments after losing H1B?

Minneapolis, MN |

I am a foreigner working with H1B visa. I have a non-compete clause in my contract. It states that my company has an obligation to pay me as long as I don't work for competitor. If I quit my job and transfer to H4 (my wife works under H1B too), can I still get those payments?

I didn't mention but they are only required to pay me for several months.

Attorney Answers 3


Yes, you definitely can because those payment relate to your valid employment. You cannot stay in the USA though.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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6 lawyers agree


Yes, that is a contractual issue, not an immigration one.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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I agree with the previous attorneys, except that currently under the H4 you cannot work. My question would be however is the payment for the non-compete be in the form of a payroll check, is it going to be a lump sum based on the contract. I recommend setting up an appointment with an employment law immigration attorney to discuss further

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1 comment



I have no idea which form it is going to be. Does that matter? My understanding is that I am not considered to be "working" even if they give me non compete payments. So that does not conflict with H4's requirement of "no employment". However, I heard that H4 is not even allowed to apply for a SSN. This seems to disallow any payment. I guess based all the consensus here it's not a problem.

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