11 Posted June 17, 2014 I appreciate your thoughts on the below situation. Simple, you offer your client exclusivity for a price. Is it usual and/or healthy for Ph.D. students to do part-time jobs outside academia? Working for same client under two different agencies at different period under the same job title. I got call from employer A that I shouldn't be joining same client. ABC is a state-of-the-art financial management application. Now if i use the same format most of the data will be repetitive. Suppose it takes 5 days for them to find the replacement and put that replacement to work, your company lose 5 x P dollars. Now, they won't be able to make it after the OP quits. If you have access to it still reference your employment agreement with your former employer. 1. If you differ, I will gladly remove it. So, how can you say nobody being harmed? Massive consulting firms? Starting the Prompt Design Site: A New Home in our Stack Exchange Neighborhood, Statement from SO: June 5, 2023 Moderator Action. One day youre going to get a request from one of your clients competitors to work with them. Also my company is very unlikely to take thing to court. koncham answer cheyyandi pls.. 4) If LCA from Z is accepted and approved are there any chances that H1b transfer will be rejected/denied since Y already started the transfer process for same client C? Its easy to forget how much of a big deal it can be to hire a web designer. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. this section will apply to such employees. Crowdsourcing the best tips, tricks, tools, and lessons learned. For instance, if the employee is set to be paid $95,000 but is going to take on an additional side project for the same employer, the question becomes, how can the company structure the additional payment without possibly causing LCA issues? 1960s? Thank you in advance for taking time to guide me. Your company will have to find replacement. If I were your client, I would be happy because your coming to work for me saves me a lot time and money to interview people and find a good worker. Consider how much this matter fall into a grey area. By If you continue to work strictly as a programmer, designer, or writer getting paid on an hourly basis (not taking any financial risks), soon enough, your years of experience will reach a point of diminishing returns. 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. I am with Employer X working for Client C and visa valid till end of 2017. Could some one please help me with some advice here. @cale_b: I'd wager the profit would be about $110 to $125. Now, let's look at your side. Think of it this way: if you agree not to do business with their eager competitor and continue to work just with them without an exclusivity fee, then youre essentially losing out on revenue from a client you just lost. Quit company and work for another company that has the same end client. 2) Can Multiple LCA filing from two different employers for same client (same location) is possible? 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. It goes without saying that this is a terrible idea. For instance, a fashion design company might need an e-commerce system and wants to hire you to build one. Will I be able to file multiple h1b petition for an individual through same client and 2 different employers? Currently my cousin is working for Employer A with L1 B Visa. Agency owners and freelancers: Unlock your entrepreneurial potential with this curated list of 30+ must-read books. But this isnt a romantic relationship: its business. Enjoy banner ad-free browsing with Expat Forum For People Moving Overseas And Living Abroad Plus. 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. Join the #1 WordPress Community and dive into conversations covering every aspect of running an agency! There is a significant rise in terms of compensation. S. Client: Company A Most consulting firms will have contracts with the company they're providing labor for - i.e., your client - that address this specific issue. However, generally, here are 13 things your boss can't legally do: Ask prohibited questions on job applications. Site design / logo 2023 Stack Exchange Inc; user contributions licensed under CC BY-SA. . I have resigned from my Employer as I got my H1B done through different employer B in USA. Is it ethical for me to keep working with the same client as a freelancer? 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. Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Labour & Service Lawyers at lawrato.com to address the specific facts and details. Two jobs with one employer - how does that work? - Lexology 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 . 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. Does the client now get your services at a significant cost savings, and if so are you being taken advantage of? 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. 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? Not helping someone to earn "5 x P dollars" is not the same as "harming" them. I am planning to go to Vis stamping to Jamica , i am working with same client for more than 2 years but changed to a different employer in OPT , now i am in H1 with the current employer. Reputation is everything to me. Start running a company with employees, benefits, and a location and suddenly the gap between that $180 and $25 gets surprisingly small. to the extent permitted by applicable law, for a period of 2 years post termination of your employment. The employee commenced employment with Australia Post in 2001 in two different positions: His first role was as a Postal Delivery Officer at the Collingwood Post office. 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). You should never purposely ruin another clients business just because your older client wants you to. This is particularly true if youve got two companies fighting in the same industry for the same target audience especially if theyre working in the same geographical location. Feb 13, 2022 Hi, I am in a situation where in I am working for client XYZ with employer A. Without understanding these differences, between employer and client, you could easily get into unnecessary conflicts and misunderstandings. Practically it sounds like you don't have a lot to worry about, but be careful. And, naturally, the price for a client would have to be higher because a significant portion of the project fee is a risk management fee. My concern is if the VO ask why did you change you change your employer, what should be my answer, please advice. And, naturally, the price for a client would have to be higher because a . With your already-established client, you can discuss what services youd be providing this new potential client with. By Businesses pay large amounts of money to market and sell their services to clients. By sam1983, November 30, 2012 in H1B : Visa Stamp. How should I ask my new chair not to hire someone? With so many options, how can you even decide? 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. Even if you offered to the client three different ways to build it, they would have no idea how to evaluate them. The OP's current company is making P dollars everyday. Work for the same Client from Different employer. - Non-Immigrant You dont want to ruin the reputation youve worked so hard to build up. So this way their profit margin is > 100%. As a preliminary matter, it is important to note that this article will only address taking on additional work with the same H-1B employer. H1B same client but different location - H1B : General - Murthy Law Firm One day youre going to get a request from one of your clients competitors to work with them. Meanwhile an employer B approached me and I have cleared all the interviews. will have to come from your current employer. With this, came the opportunity for employees to work additional assignments for their employers as they no longer had to be physical onsite and can work remotely. How Do You Manage Clients Who Are In The Same Industry? Same Company, new contract: Service Fee - Upwork Community Join in on the daily conversation and get involved. How to list company location on resume if you don't have a "home office". Welcome to H1b Wiki Q&A, where you can ask questions and receive answers from other members of the community. Business executives are faced with two types of Can two different employers file H1b transfer/LCA for same client (same job location).? Start new topic; Recommended Posts. Same client and different employer - H1B : Visa Stamp - Murthy Law Firm That is something nobody can help you with. Have you ever had any awkward encounters with clients looking for exclusivity? Start new topic; Recommended Posts. I have a agreement with Employer E1 which have a Non Interference section which goes like this. However, some clients might be fine with you working with competitors at the start, but they might not like what they see over time (especially if the competitor ends up doing better than they do). holds them accountable for their actions in these areas. If they want you to take the financial risks, they should give you enough control over the project in order to manage the risks. If the end client changes, regardless of same MSA or not, new H1B amendment is needed since this is a material change. Output a Python dictionary as a table with a custom format, Update crontab rules without overwriting or duplicating. 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. Voted the #1 WordPress resource Join over 3,000 agency owners and freelancers who sell more care plans with The WOM! First and foremost, the company should have a policy on how it compensates all employees for additional work performed, how the compensation is paid out, when it is paid out, etc. Want to work at same client location with different employer but had I think capitalism cuts both ways; if businesses can chase profit to the exclusion of all else, individuals can too. Ask Question Asked 3 years, 7 months ago. Will it breach non compete agreement? The intent of a non-compete is not to prevent competition, but to prevent mis-appropriation of trade secrets. ), but still be unpopular, with all that that may entail. Can two different employers file separate H1's on the same client letter for the same client. You need to discuss this contract with a good labor lawyer. If this ever happens, drop your client and work with their competitor. You are out of status on H1B transfer denial if your old employer has already withdrawn your approved H1B. Start new topic; Recommended Posts. 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. @SteveJessop If the position the OP NOW fills means there's one less guy from the contracting company, yes he's costing them money. What's amazing to me is that some of the people arguing that it's unethical for an employee to make a business decision that's in their own best interests are the same ones who've in the past defended a business's entitlement to make decisions purely based upon profit motive without a thought given to ethics or to doing "right" by its employees, because "that's capitalism". 1 Answer Sorted by: 3 This is my suggestion: Company B (Jun 2012-Jul 2014), Company C (July 2014 - Present) Client: Company A Application Development Consultant ABC Frankly, I'd rather put: Company A (Jun 2012-Present) I got an offer with Employer Y and they started my H1b Transfer process. H1B Transfer to a different company but working for the same client H1b Same Client Different Employer - H1B : General - Murthy Law Firm Id love to hear your thoughts! Thanks JoeF - My Employer gave me offer letter of California, when i was moved to Charlotte there was no updated offer letter given to me, Do the existing offer letter holds true in this scenario ? Employment-based immigration. Expat Forum For People Moving Overseas And Living Abroad. Employer B is ready to offer job by processing H1B visa. - Nobody Oct 26, 2015 at 5:32 ethical issues in conducting their day-to-day affairs, and the law I am on H1B visa in US and working as an application development consultant in a Big company (lets say company A) for 2+ years. Now the client has offered me full-time employment with them. USCIS H1B Duplicate Filing, Multiple Petitions Rule - What's Not This button displays the currently selected search type. Teen builds a spaceship and gets stuck on Mars; "Girl Next Door" uses his prototype to rescue him and also gets stuck on Mars. (Local laws may cause some variation as well, but not. Teen builds a spaceship and gets stuck on Mars; "Girl Next Door" uses his prototype to rescue him and also gets stuck on Mars. If there is no such potential most non-compete are complete unenforceable. I've already built a good reputation within the company and to the client. @MSalters I will concede the point, and suggest that your numbers ($180 / $25), aren't realistic. Answer the truth. When there are different scopes in the token request, it will return two . Australia Expat Forum for Expats Living in AU, 16D3B1B3-7B46-45AE-943C-5EBE17D16464.jpeg, Britain Expat Forum for Expats Living in the UK, Spain Expat Forum for Expats Living in Spain, Dubai Expat Forum for Expats Living in Dubai, France Expat Forum for Expats Living in France. Now I learn that I would be deployed at the same client XYZ through this employer B. Go with first option. But, there are just too many un-ethical things in the business world. Notably, the major concern for both the employer and the employee is violation of the labor condition application (LCA) salary. How can I calculate the volume of spatial geometry? If there are legal issues, all bets are off and I am not a lawyer. For example, the firms we work with typically have a 6 month period where we may not directly hire the staff for 6 months without paying a finder's fee to them (in that case, they're acting more as a talent scout for us, so they want compensation for that). You never know where that relationship will go, if theyll do that to someones business, what else will they do? Have any of your clients been difficult when youve decided to work with another company within their industry? IT is evc model.I have discovered that they had a non compete clause in the agreement they made me sign.for 1 year in 50 miles radius for same client and vendor.Can i work at same client while working with new employer.The only thing that my current employer has done is place me at current job after that he is causing me . I would probably choose between those two forms based on which of Company A and Companies B+C provides better name recognition. Company A offered me to keep working for them through a different employer i.e. That established, the point of view to approach the matter rests in terms of legal obligations. In my case the offer was given to be for California location, i worked there for around 3 years and then on Client request i was moved to Charlotte, North Carolina. Why would there be conflict? 13 Things Your Boss Can't Legally Do As a freelancer, you'll be competing with your current employer. Thanks in advance. But I'd expect that your client has terms with your firm that control this, and likely supersede any terms in your own contract. If the continued experience on a single skill/experience is the main point, you can just make a single title for both: Company A (2002-2004), Company B (2004-2006) -or- Company A, Company B (2002-2006) Created Widget C. This makes it clear that the job was the same for an unbroken period, even if it spanned two companies. Previously on my CV i mentioned something like: Company B List a multi-partner project in a resume if you worked with the smaller, unrecognizeable company? Since you are not in CA, it is a valid contract. Given that the client will still hire the same amount of people from my company and my quitting has absolutely no connection to this client. There may be clauses preceding it which governs it or clauses subsequent to it may have bearing on it. First of all, the client is paying your employer, probably has a contract with. What was the symbol used for 'one thousand' in Ancient Rome? If you quit and work for different client, there is no ethical issue at all. Born in California and raised in Texas, Kyle is a husband and proud father of three. Easy. Properly run companies have burden rates of 2.2 to 2.8x hourly salary. There is a significant rise in terms of compensation. Is finding a replacement a favor or a duty? Under metaphysical naturalism, does everything boil down to Physics. That's all. 1960s? particular act is many times determined independently of the legality 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?! My questions, I guess which begs, is why it is unethical to compete. Simultaneously I applied for Full time position with Same client but different project. Why is there inconsistency about integral numbers of protons in NMR in the Clayden: Organic Chemistry 2nd ed.? To subscribe to this RSS feed, copy and paste this URL into your RSS reader. Job position from Company A is different from position in Company B. Client: Company A This articles does not apply to working pursuant to Company A and Company B. Subscribe to our channel for interviews & tutorials. A forum community dedicated to expatriates and enthusiasts. Why? where he works in the Non-immigrant visa department and leads the Litigation Team. Learn more about Stack Overflow the company, and our products. Browse other questions tagged, Start here for a quick overview of the site, Detailed answers to any questions you might have, Discuss the workings and policies of this site. Can one be Catholic while believing in the past Catholic Church, but not the present? reliable theories for resolving ethical conflicts. From a practical standpoint, the bonus should be run through the payroll as a separate line item separate from the salary. Do native English speakers regard bawl as an easy word? From the point of view of an employer looking to hire a developer, this is not necessarily a good thing. Small firms consulting to a massive client? Your staying with the same client is unethical to me. My employer 2 filed h1 for me this year and got approved. That is because business ethics do not arise from a sense of moral defensibility but instead from legal obligations and standards. Going from hourly to fixed, working for employers to working for clients, is a natural progression in ones career too. That's a very diff. For a client, its worth paying this premium instead of taking the risks themselves without having enough knowledge and experience. Connect with top Labour & Service lawyers for your specific legal issue, The information provided on LawRato.com is provided AS IS, subject to. Almost entire global population is. Site design / logo 2023 Stack Exchange Inc; user contributions licensed under CC BY-SA. For the payer to pay on an hourly basis means she is shouldering the financial risks. So, they have no idea, nor do they care about what it takes to build one. 6 of my favorite agency-specific, custom-built Airtable bases. Senior Cloud Solutions Architect in Engineering at Microsoft. Now I'm looking for a new job and is contacted by Company B, but they both work for the same client. Please note that I assume you'll have no legal issue when you go to work for your client. Not by contract. If they botch the project, it would be far more expensive to redo it. 2023 Murthy Law Firm. last updated - posted 2022-Mar-7, 7:27 am AEST posted 2022-Mar-7, 7:27 am AEST . information, discrimination, and accepting or offering gifts. I work for an employer A located in virginia as a consultant. If you are hired by another consultancy and sent to the same client, but working on something different (different division, different project), then you could make the argument that there is no competition and no loss to be had by your current employer. Get Expert Legal Advice on Phone right now. 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). Reddy & Neumann has been serving the business community for over 20 years and is Houstons largest immigration law firm focused solely on US. Your case is not a big deal. How do they know that? Stack Exchange network consists of 181 Q&A communities including Stack Overflow, the . For first two years i was an employer of company B working for company A. Same Client -- Different Employers**** - Old Discussions No. Debatable? Even if you are familiar with the technical aspects, you may not know how to manage the aesthetic part of the project. Changing jobs - different employer, same client - Jobs in IT If words got out and people take this the wrong way, I will be thought of as that guy who make shady deal with the client. Whether to pay hourly or a fixed price has risk implications. View our, Unlock the secrets of HIPAA compliance on July 6th! This is because a lot of personal ethical matters are rooted in easily answered questions based on standards assumed to be worthy (for example, the "Golden Rule"). ethical issues cannot be settled by the courts. Low-level employees who perform basic administrative tasks, customer service, or manufacturing, for example, probably wouldnt harm the company if they went to work for a competitor. user3399 . I am a fresher and facing Employment bond issue. If you think about it, this is not fair. I personally feel that if your clients want you to turn down jobs from their competitors, they should definitely pay you for that exclusivity. By clicking Accept all cookies, you agree Stack Exchange can store cookies on your device and disclose information in accordance with our Cookie Policy. 3) Are there any chances that LCA from Z will be rejected since Y already got LCA approved for client C? This topic is now archived and is closed to further replies. Your own employment contract may also have such a stipulation (although this is quite rare - usually I see this when you are individually outsourced to them in a consultant position). Working for Multiple Projects or Clients With the Same H-1B Employer
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