same client different employersame client different employer

You're the agency a business has put a whole lot of trust into - and a whole lot of confidential . I am under an H1B visa I would like to ask if two LCA can be filed by What if their way turns out to be the wrong way, and it ends up taking twice as many hours as you had originally expected? No Comments! . Our latest musings on a wide range of agency-related topics. She would literally be paying for nothing. Your company will have to find replacement. Let's just say this is my pragmatic way of dealing with this situation. If you don't believe me, look at the wholly unethical (in the standard sense) behavior of certain large financial corporations or individuals within them. fair performance appraisals, Sexual Harassment, proprietary The clause about CA has to do with the fact that non-compete agreements are not valid in California, as per CA law. Can two different employers file H1b transfer/LCA for same client (same job location).? . The OP is not anybody in the entire global population . Is it ethical? The Admin Bar community is at the heart of what we do. Electrical box extension on a box on top of a wall only to satisfy box fill volume requirements, Beep command with letters for notes (IBM AT + DOS circa 1984). This leads to another important difference between an employer and a client: pricing structure. Even if something does not work out well, he gets paid for his time anyway. Best of luck. Further, the company should document the reason for the bonuses and keep records of it. Can I Work for Same Client Through a Different Employer - ExpertLaw Even a simple website, for instance, has technical and aesthetic components. I have a feeling that doing that is going to cause the question to be closed as asking for specific legal advice. I suggest that you take your employment agreement with the outsource shop to an attorney and ask him for an opinion as to whether or not you can work at the client in question after resigning your position with the contracting house. Now the client has offered me full-time employment with them. So what happens if i transfer to the new employer and my old employer revokes my H1B and then my transfer gets denied , since there is no transfer premium processing ? A forum community dedicated to expatriates and enthusiasts. You never know where that relationship will go, if theyll do that to someones business, what else will they do? For this reason, personal ethics can be debated and in some ways are a lot more rigid (paradoxically) than are business ethics. Two jobs with one employer - how does that work? - Lexology By quitting your job and continuing to work for that client you were able to personally benefit from your company's efforts to procure that client, potentially at your former company's loss. What are the white formations? @SteveJessop I avoided mentioning the issue the OP claims ". How about you? In most contexts in most nations, business ethics are defined by contract law, and/or by general business law, for the country/state/etc. ethical issues cannot be settled by the courts. Now, I will be moving to a different location with the same client and employer, for example say from San Diego to Santa Barbara. To subscribe to this RSS feed, copy and paste this URL into your RSS reader. Then the accepted answer to your question (Are you doing this ethically?) Go with first option. Modified 3 . information, discrimination, and accepting or offering gifts. For example, lets say one of your biggest clients is in the home interior design industry. So here is something I want to know before I make a move. @MSalters I will concede the point, and suggest that your numbers ($180 / $25), aren't realistic. . You dont want to ruin the reputation youve worked so hard to build up. Under metaphysical naturalism, does everything boil down to Physics. Massive consulting firms? Let them know whats happening and ask them if it would be a conflict of interest if you were to accept their competitor as a new client. My questions, I guess which begs, is why it is unethical to compete. 2023 Murthy Law Firm. Babulu.. naaku ..maa cousion gaadiki oka dharma sandeham vacchindi. However if there is no such agreement between you and the client (and make sure there isn't; it may have been among the sheaf of papers you signed when taking the job with your current employer), then you have no ethical obligation whatsoever to refrain from taking the job with the client at any time. Yes, well I'm tired of the question of ethic at this point. Start new topic; Recommended Posts. If you want to get two different access tokens for the same client credentials at the same time, then you can use a scope. The best answers are voted up and rise to the top, Not the answer you're looking for? Can we transfer H1b visa to same vendor company and same client without giving any knowledge to my current employer. @AndyzSmith: "our country" doesn't make sense on a global Internet. Connect with top Labour & Service lawyers for your specific legal issue, The information provided on LawRato.com is provided AS IS, subject to. What do you do in this situation? For H-1B workers who have skills that are highly in demand, this has given them the opportunity, should they want it, to take on additional work to receive additional compensation. Will it breach non compete agreement? Australia to west & east coast US: which order is better? Stack Exchange network consists of 182 Q&A communities including Stack Overflow, the largest, most trusted online community for developers to learn, share their knowledge, and build their careers. Any help will be greatly appreciated, Company B (Jun 2012-Jul 2014), Company C (July 2014 - Present) Now employer B is placing me to the same client that I worked in India. Business ethics as a category of ethical inquiry is not the same as personal ethics, since in the case of personal behavior, ethics are not defined by legal standards, though proscriptions against or req'ts for certain behaviors evinced by individuals are; these are not based on ethics but on the legal, social, and political context of a particular entity or group of people. For a client, its worth paying this premium instead of taking the risks themselves without having enough knowledge and experience. Excellent thanks Anil for the prompt reply. to the extent permitted by applicable law, for a period of 2 years post termination of your employment. I am employed by Company A to work for their client. while I agree with what you guys are saying, I would think that your talking from a First World perspective, where employees have rights, unions and all the rest, and there are plenty of takers for jobs, in other societies not so much, a markup of 3,000% is not unusual in many occupations where human resources are hard to get and competition is non existent apart from flying someone in from Overseas. Properly run companies have burden rates of 2.2 to 2.8x hourly salary. They usually have a "no-hire" clause that prevents clients from hiring outsourced staff for a certain period of time. Quit company and work for another company that has the same end client This is a bit awkward, isnt it? Now I'm looking for a new job and is contacted by Company B, but they both work for the same client. A client has a particular objective with particular conditions; everything else is a risk you have to manage given a fixed budget. Teen builds a spaceship and gets stuck on Mars; "Girl Next Door" uses his prototype to rescue him and also gets stuck on Mars. They tell you that there will be a conflict of interest if you take on another client in the home design industry and theyre double-guessing their future with you. with the company, yo shall not directly or indirectly be connected as director, employee, partner, lender, guarantor or consultant to, any corporation, limited liability company, partnership or other entity that, directly or indirectly, engage in a similar business as that of the company or otherwise competes with the business in which the company is involved or becomes involved while this agreement is in effect or engage in any other activities that may conflict with your obligations to the company. How can I handle a daughter who says she doesn't want to stay with me more than one day? How Do You Manage Clients Who Are In The Same Industry? particular act is many times determined independently of the legality You have other clients who work in the same sector, so why would they have an issue with one of their competitors hiring you? Expat Forum For People Moving Overseas And Living Abroad. This scenario would probably have you scratching your head. @MSalters Perhaps the OP could add more details about the situation/country/jurisdiction in question. There is a big difference. Depending on your relationship, they might blame you if their competitors start doing better than them. How should I list a single role spanning two employers? How to list same contracting client with two different employers on a resume, Starting the Prompt Design Site: A New Home in our Stack Exchange Neighborhood, Statement from SO: June 5, 2023 Moderator Action. Once six months have passed, they've earned enough in the consulting contract to feel 'whole' if we choose to hire the staff. I'm a programmer quitting my day job at an outsource shop and going freelance. If you want to work with ABC new employer you can, as you will resign your previous employer. If it's ethical (as I cannot see anybody being harmed this way), is it a good thing to ask my current employer about this? Section 13 (assuming the above two paragraphs as section 13) does not apply to the companys California based employees who have been hired to work in California, unless such employees owned part or all of a business that was acquired by the Company, in which case. @scaaahu: but in talking about the 5P dollars, you are considering a (supposed) harm that occurs whenever an employee leaves a company, regardless of what they do next. Once you reach $10,000 of work with the same CLIENT, your fees will be 5%. Once my new employer initiates my H1B transfer, i think my old employer will get to know or my current prime vendor would inform him about the transfer and then he will surely revoke my H1B correct ? But, if you charge an extra fee, then youre at least getting some extra money out of the deal and covering that lost revenue you would have made from having another client. Development is an inherently collaborative project. Will surely start the process ASAP. If they want you to take the financial risks, they should give you enough control over the project in order to manage the risks. But definitely good business. Learn more about Stack Overflow the company, and our products. Can two different employers file H1b transfer/LCA for same client (same My query is- Can i join ABC (NEW employer )and work for same client(XYZ). So, somebody gets hurt and somebody else gets help. USCIS H1B Duplicate Filing, Multiple Petitions Rule - What's Not I got an offer with Employer Y and they started my H1b Transfer process. Why? You could end up clashing for rankings or have issues when it comes to ranking high on certain keywords. Of course, it is not abnormal for a company to compensate an employee more for additional work, but how can the H-1B worker and the company structure this to not cause immigration issues? How should I ask my new chair not to hire someone? All posts are moderated, so it will take time for your post to appear! All posts are moderated, so it will take time for your post to appear! Most companies don't (and couldn't) charge $180 for the level of work a $25 / hour employee would produce. An employee's "burden rate" is the hourly rate it costs to employ that person, which includes their salary, but also includes the cost of their computing equipment, software licenses, overhead costs (like admin/support staff (who wants to cut out the accountant that makes the payroll deposits?! 0.0605. In this context, having a strong opinion about the best and most efficient way to build one, is a great thing. For the payer to pay on an hourly basis means she is shouldering the financial risks. Is finding a replacement a favor or a duty? One day youre going to get a request from one of your clients competitors to work with them. Reputation is everything to me. rjsc (Rj) March 4, 2019, 3:24am #1 Hello, My employer has filed an extension and it's been approved recently, so now i have an offer from one of my prime vendors (within the same client) with the same client (but not my current prime vendor though). Your staying with the same client is unethical to me. First of all, the client is paying your employer, probably has a contract with. ABC, Company A (Jun 2012-Present) If your client is adamant that they want to be the only company in their niche that you work with, you can offer them an exclusivity package. holds them accountable for their actions in these areas. ABC is a state-of-the-art financial management application. Now if i use the same format most of the data will be repetitive. When choosing a fixed fee or hourly fee structure, both parties should be fully aware of the expectations implied in the choice they make before the project starts. Will it be an issue if i opt for this transfer, keeping in mind USCIS has not yet brought back transfer premium processing. Once you join new end client, If no H1B amendment is filed ( only new LCA is filed) and If USCIS officer comes for visit, he/she will . Businesses pay large amounts of money to market and sell their services to clients. Not helping someone to earn "5 x P dollars" is not the same as "harming" them. How to describe a minimally related consulting position on a resume: Should I list my billable hours percentage? Working for same client under two different agencies at different reliable theories for resolving ethical conflicts. No. IT consulting companies who hire you as an "employee", sells you to a client as a "consultant", with an hourly rates that are high, but then pays you a "fixed" salary. Employer B is ready to offer job by processing H1B visa. Incidentally if xyz client happens to be a client of abc new employer than your previous employer has no say for non compete clause. Can one be Catholic while believing in the past Catholic Church, but not the present? They cannot charge the client any money between the time you quit and the replacement starts to work for the client. Practically it sounds like you don't have a lot to worry about, but be careful. Meanwhile I received another very good offer with Employer Z. Same client and different employer - H1B : Visa Stamp - Murthy Law Firm Could some one please help me with some advice here. Is it ethical for a company to charge $180 an hour for your time but only give you $25? Is it possible to have multiple valid access tokens with the same What was the symbol used for 'one thousand' in Ancient Rome? With your already-established client, you can discuss what services youd be providing this new potential client with. From the point of view of an employer looking to hire a developer, this is not necessarily a good thing. Employer A and Employer B are working for the Same client on same location. In your case, sounds like the question is about the risk of alienating your current employer. ), but still be unpopular, with all that that may entail. So thats my two cents on working with two clients in the same industry! It can be a weird situation to be in but hopefully know you know how to handle the situation a bit more. This button displays the currently selected search type. You should never purposely ruin another clients business just because your older client wants you to. Offer them an exclusivity package, and if they accept brilliant, if not, you can continue to work with their competitor with a new understanding between you. sam1983 0 I am a fresher and facing Employment bond issue. ", Get the legal help & representation from over 10,000 lawyers across 700 cities in India, Post your question for free and get response from experienced lawyers within 48 hours, Contact and get legal assistance from our lawyer network for your specific matter, Apply for Free Legal AidA Pro-bono initiative of LawRato in association with NALSA, Hi, I signed a non compete agreement with my previous employer, which stated-"after resignation from organization, till 6 months I cannot take employment from client or customer , whom i have interacted in any form" I worked for XYZ client (which was client of my previous organization), now contract between XYZ client and my previous organization is over, and the XYZ client has gone to ABC organization . I have an approved I 797 and H1B visa stamped till Feb 2017 and work in employer-client model. 1960s? Working for Multiple Projects or Clients With the Same H-1B Employer But I will accept the answer that most people agree with. For this reason, being highly opinionated in this context is not generally seen as a positive trait. The possible solution is to treat the additional work, as most employers would, and run additional compensation as a bonus. Here is the snippet of the clause. Quit company and work for another company that has the same end client. The latter is generally riskier because its subjective. 2) Can Multiple LCA filing from two different employers for same client (same location) is possible? 3) Are there any chances that LCA from Z will be rejected since Y already got LCA approved for client C? How one can establish that the Earth is round? While USCIS has had situations in the past of questioning overpayment to H-1B workers, and likely wrongly so, being able to document that there was additional work performed and bonus compensation that is separate from the general salary should be sufficient to show that everything is in line with the requirements of the H-1B program. Once you cut out all of the guff that clause simply says Can this be seen as direct competition from the new employer, taking away revenue from the current one? There are risks involved with working for this client. But these are not legally defined, only generally and widely accepted moral imperatives. H1B amendment for same MSA same employer but different end client USCIS also says that a single employer cannot file more than one cap subject H1B petitions for the same employee/ beneficiary for different jobs or positions, even if there is a legitimate business need, as many can exploit the loophole and file multiple petitions. Reddy & Neumann has been serving the business community for over 20 years and is Houstons largest immigration law firm focused solely on US. If you work for the same client, it's hard to say if the client would hire the same amount of people from your current company. There may be clauses preceding it which governs it or clauses subsequent to it may have bearing on it. If I forget to invoice a customer, who pays? Arguing the other way is hypocritical at best. TCS client offered full time position - Will this be an agreement If they botch the project, it would be far more expensive to redo it. Although you are working on the same overall project, you are now working for a different client. H1b Same Client Different Employer. There is a significant rise in terms of compensation. His practice covers all phases of the non-immigration visa process including filing H-1B, L-1, E-3, H-4, and H-4 EAD petitions. How to style a graph of isotope decay data automatically so that vertices and edges correspond to half-lives and decay probabilities? That's a very diff. By clicking Accept all cookies, you agree Stack Exchange can store cookies on your device and disclose information in accordance with our Cookie Policy. If this happens, you should always communicate clearly with your client to make sure you can help them. Thanks guys for the response. News, tips, and the best conversations delivered straight to your inbox every Friday! How can one know the correct direction on a cloudy day? My employer 2 filed h1 for me this year and got approved. Your saying ". The OP's current company is making P dollars everyday. You just did yourself the best of your interests. ". Wash down the week with the best of The Admin Bar! So, they have no idea, nor do they care about what it takes to build one. Weekly Accessibility Lessons brought to you by Equalize Digital. The intent of a non-compete is not to prevent competition, but to prevent mis-appropriation of trade secrets. downsizings, employee screening tests, employee rights to privacy in I'll start to answer the question from here. Have you ever had any awkward encounters with clients looking for exclusivity? Clients can get angry and frustrated at you if their competitors are doing better now that theyre working with you. Easy. Hate writing proposals? How does one transpile valid code that corresponds to undefined behavior in the target language? Whether to pay hourly or a fixed price has risk implications. All Rights Reserved. That is your responsibility as a vendor. Like getting advice from a friend over a beer. My employer ->My Prime Vendor -> End Client (Current Situation), Also, my current i94 will expire in the month of May 2019 (not the approved one but the already existing one), Primer Vendor (Different prime vendor at the same client location) -> End client (Same end client as my current). This topic is now archived and is closed to further replies. I personally feel that if your clients want you to turn down jobs from their competitors, they should definitely pay you for that exclusivity. If you notice that one of your clients competitors is trying to work with you, its always a good idea to call your first client and talk to them about it. That's all. @cale_b Exactly! I am with Employer X working for Client C and visa valid till end of 2017.