I was working on contract with contracting company A in MA for client in OH. I accepted full time position with client and I gave 2 week notice as mentioned in offer letter. Client where I accepted full time is not direct client of company A. There was company B involved. I am on H1B visa and company A was holding my visa. I signed offer letter when I joined company A but I did not sign any document for client through company A. Now company A is not paying my salary for 15 days. As per them I can't join client where I was contracting earlier.
1. Is there any law that I can't join client full time?
2. Can I go to consumer court and appeal?
I want some guidance as how can I proceed with this case?
You have several legal issues going on -- covenant not to compete, non-payment of earnings and immigration issues. I will re-tag your question as an immigration matter so you get the benefit of answers from lawyers practicing in that field. You've got a complicated situation and should schedule a consultation with an immigration lawyer who understands employment law.
My responses/answers are not legal advice and should not be considered or relied upon as such. The purpose of my responses/answers are solely to provide help and guidance. No attorney-client relationship is intended to be established nor is one established by virtue of my responses/nswers.
I am not familiar with any "consumer court" per se to which you can "appeal" this issue in Ohio. Likely, many answers can be found in the written agreement between you and Company A. For example, any non-compete type clauses, choice of law. Further, you indicated that you were working on a contract but yet have not been paid a salary; this needs some clarification. You should contact an attorney licensed in your jurisdiction to sort through the specific facts and circumstances of this complex matter which includes immigration questions.
The exchange between us through this Avvo website does not establish an attorney client relationship. Any attorney client relationship will exist only when and if we enter into a written contract for legal services. As such, the above response to your hypothetical is not meant to be nor should it be be relied upon as any type of legal advice because the information provided is incomplete; the response provided to your hypothetical is for general information purposes only. Further, any specific response to a presented legal issue would require knowledge of the specific facts and circumstances obtained thorough personal and confidential consultation between you and a licensed attorney in your jurisdiction. I am licensed to practice law in Ohio.
You should contact a local US immigration attorney and a local employment law attorney to determine your options in both areas.
Do you need the client-employer to have a petition filed prior to beginning employment.
Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.
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