I joined full time to the indirect client of my current employer. Signed offer letter has following clause. In this case can my employer revoke my approved I140 under contract breach reason? During the period until One (1) year following the termination of your employment for whatever reason, you shall not directly or indirectly solicit the business of (or otherwise deal in a manner adverse to the Company with) ** Client or provide any software engineering, consulting or programming services to any customer of the Company (regardless whether or not you personally dealt with that party during your employment) introduced to you by ** nor directly or indirectly solicit the services of (or otherwise deal in a manner adverse to the Company with) any employee of the Company or induce employeeor induce such employee to terminate his or her employment. What will happen to priority date? Can I use same priority date with new green card application?
if you have worked for your sponsoring employer for more than 180 days and you take a position with the new employer that is the same as your previous employment, the American competitiveness in the 21st century act permits you to change employer. The only requirement is that you remain employed in the same profession and you have been with your sponsor employer for at least 180 days. Good luck.
Yes, your previous employer CAN "revoke" (withdraw) your already approved (or pending) I-140 petition, since that is the employer's property.
The body of your facts refers to an indirect non-compete agreement in yet another "client-vendor" H-1B scenario. Consult with an employment or contracts lawyer about any questions you have on it.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
The I-140 is the property of the employer, not the employee.
As for your non-compete clause ... you should pay an employment law attorney to look it over.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
At any time. It is, after all, their application. They do not need any reasons at all. They can do that on a whim.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
Yes the petition may be revoked by the employer. You may be protected in certain instances. Speak directly with you immigration attorney. Contact an employment attorney re your contract agreement.
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.
You should contact an attorney licensed in your state for both you non-compete issue and you immigration issue. Generally, your employer does not need a reason to revoke the I-140.
Yes they can have it revoked. And no, you can use the old priority date if the previous one was revoked.
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