r2i forum

*** I am in US and below is for job in US with Indian employer. ***
I am with Indian contracting company for over 5 years. Overall it is been okay employer. Because of Green Card as other employers he earned a good bargain on me. I am going to join CLIENT, not my employer's client but have 2 layer between. This is what been pursuit by CLIENT so that I can be there for long term. When I conveyed my notice to my employer, they want to find out about my new job. I do not want to tell where I am going to be. In this whole thing I could not really decide about following. I appreciate your wisdom, experience and help

Should I have to disclose where I am joining

Should I have to disclose if it is H1b or EAD

Do I have to go in person to talk to employer from CLIENT location (why email letter is not enough)

Why except joing CLIENT will be alright though I did not sign an agreement, it is been with this client for 5+ years. Initial term was for 6 months

Why employer is willing to negotiate if claimed to be earning around $1 after taxes

What should I do / do not do in terms of this trasition

Thanks.

cf_r2i;307617*** I am in US and below is for job in US with Indian employer. ***
I am with Indian contracting company for over 5 years. Overall it is been okay employer. Because of Green Card as other employers he earned a good bargain on me. I am going to join CLIENT, not my employer's client but have 2 layer between. This is what been pursuit by CLIENT so that I can be there for long term. When I conveyed my notice to my employer, they want to find out about my new job. I do not want to tell where I am going to be. In this whole thing I could not really decide about following. I appreciate your wisdom, experience and help

Should I have to disclose where I am joining

Should I have to disclose if it is H1b or EAD

Do I have to go in person to talk to employer from CLIENT location (why email letter is not enough)

Why except joing CLIENT will be alright though I did not sign an agreement, it is been with this client for 5+ years. Initial term was for 6 months

Why employer is willing to negotiate if claimed to be earning around $1 after taxes

What should I do / do not do in terms of this trasition

Thanks.

Just ignore them. i would not disclose any thing in these type of issues. i am contracting for 10 years and i do not tell where i am going.even if i have to i will tell some local business name..also, you should have gathered all you needed by now and just let the voice mail take care of his/her calls.thats the best way to deal with these people as they would also do the same from now to you.

one more thing, if you are on EAD and pending 485, file a freedom of information request of your labor and 140 on uscis.gov website.you will find that info how to file on immigrationvoice.org.just search for it. it takes about 6 months.u will never know when u will need it and ur employer will not give that as it is employer filings.

OP,

How big is your client? Most big companies in US have their hiring policies for settling the disputes with vendor companies while hiring a third party contractor. That may include paying some finder fees to the original employer of the contractor they are trying to permanent hire. You employer might be trying to get their piece of those fees. Which they might not get as you have mentioned having more layers in between. My suggestion is you inform your client about the queries you are facing from the previous employer and see their HR department can take care of them, esp the 4th item from your list regarding not joining the client. If the company you are trying to join however is unable to handle the issue , you may dismiss specific queries from your employer , as you are not liable to provide any such information.

Should I have to disclose where I am joining
--NO

Should I have to disclose if it is H1b or EAD
--NO

Do I have to go in person to talk to employer from CLIENT location (why email letter is not enough)
---NOT required. But you probably need to provide 2 weeks notice period (courtesy period) before leaving. This varies from state to state. In some states 3 days or 72 hrs notice is enough.

Why except joing CLIENT will be alright though I did not sign an agreement, it is been with this client for 5+ years. Initial term was for 6 months
--- Not sure how the contracting co.(layers) and vendors and client signed the agreement but since you have no agreement you're safe. On the other side, if vendor or layers may give hard time for client to hire you.

Why employer is willing to negotiate if claimed to be earning around $1 after taxes
- not clear on this question

What should I do / do not do in terms of this trasition
- If your client is tied to any agreement with these layers or employer, it's better to find new client for sometime and rejoin later.

dotnetguru;307647Just ignore them. i would not disclose any thing in these type of issues. i am contracting for 10 years and i do not tell where i am going.even if i have to i will tell some local business name..also, you should have gathered all you needed by now and just let the voice mail take care of his/her calls.thats the best way to deal with these people as they would also do the same from now to you.

one more thing, if you are on EAD and pending 485, file a freedom of information request of your labor and 140 on uscis.gov website.you will find that info how to file on immigrationvoice.org.just search for it. it takes about 6 months.u will never know when u will need it and ur employer will not give that as it is employer filings.

Thanks for immigration related info.

My employer have around 40 employees whereas clients have several thousand so relatively big. I checked with Client and they do not have any obligation to make temp to hire. Thanks for this tip - I talked to HR and they are fine with letting my employer know. What I do not understand that why my employer HR politly trying to give me a threat of lawsuit action (my guess).

HomeSweetHome;307827Why employer is willing to negotiate if claimed to be earning around $1 after taxes
- not clear on this question

Earlier when I asked for more money I was told that they earn around $1 after taxes and SS contribution. Then how come now they have margin to negotiate. Thanks.

If I decide to go in person to employer location to meet and thank them and let them know I want to leave in good terms.
1) What consequences one have to be ready for?
2) Will it benefit so that employer may not file lawsuite if planning?
3) Will employer may ask me to sign something?
I understand above would depend on many factor such as interpersonal relationship, employer history etc which I am not aware and cannot describe. What I want to evaluate is when it comes down to such practices, want best I can do.

Thanks for your valuable inputes.

There's nothing like leaving on "good" terms for an body shopper. He's about to lose 20k-50k income per year due to your leaving.. You are never gonna work for him again.

If you had signed any restrictive clause, expect a attorney's letter from them if they have any hint about where you've joined. The reason is that you will have to shell out 5k retainer to hire your lawyer to respond even though you may be legally right. Once they send an attorney notice, they won't even talk to you. They'll ask you to talk to their attorney. This is just to pressurize you. Their expectation would be that you'll be willing to settle for some 10-20k since no one wants to go thru the hassle of a legal fight.

Here's what i would do. Never disclose where you are going to work. Just give some other client name. Send them a resignation notice from personal mail. Stop using office mail for any communication with your body shopper.And do not tell anyone else who work for that body shopper.

Change your work number if possible. If not, do not personalize any voice mail messages for couple of months.

These bodyshoppers are just crooks ! I'm talking from experience from several years ago.

desipardesi;307857There's nothing like leaving on "good" terms for an body shopper. He's about to lose 20k-50k income per year due to your leaving.. You are never gonna work for him again.

If you had signed any restrictive clause, expect a attorney's letter from them if they have any hint about where you've joined. The reason is that you will have to shell out 5k retainer to hire your lawyer to respond even though you may be legally right. Once they send an attorney notice, they won't even talk to you. They'll ask you to talk to their attorney. This is just to pressurize you. Their expectation would be that you'll be willing to settle for some 10-20k since no one wants to go thru the hassle of a legal fight.

Here's what i would do. Never disclose where you are going to work. Just give some other client name. Send them a resignation notice from personal mail. Stop using office mail for any communication with your body shopper.And do not tell anyone else who work for that body shopper.

Change your work number if possible. If not, do not personalize any voice mail messages for couple of months.

These bodyshoppers are just crooks ! I'm talking from experience from several years ago.

Thanks for sharing wisdom, it helps. Do I even think of going in person or no?