[FoRK] professional/legal networking and/or advice for a friend from India

Sat N <sateesh.narahari at gmail.com> on Tue Oct 23 20:33:48 PDT 2007

Not a legal advice, but most of the consulting outfit employment
contracts are not enforceable. If you call their bull, they would back

Ask your friend to go to forums at www.immigrationportal.com or
www.imminfo.com to seek some advice - both forums have immigration
lawyers who answer the questions once in a while.

On 10/23/07, kelley <kelley at inkworkswell.com> wrote:
> Hiya --
> I'm asking around to see if I can find some help for a good friend of mine
> from work. I'll call him "K". My team lead and the department manager are
> both from India but came here on education visas originally, so they're
> unfamiliar with the ins and outs for those who obtain work visas via
> consultancies.
> K signed a contract with a consulting outfit in NJ, which sponsored his
> visa. They then subcontracted K to a recruiter in Virginia who placed him
> in a six month contract-to-hire position. Similarly, I was on a
> contract-to-hire, and came on board two months ago. Krishna and I became
> friends, working together on a large web programming project. The company's
> ready to hire him, but the glitch, as you probably know, is that the NJ
> company that sponsored his Visa made him sign an 18 month contract stating
> that he could work for no one else. If he broke the contract, they'd fine
> him and make him pay the court fees and attorney costs.
> My employer's lawyer said the only thing they could do is sponsor him for
> his visa, which they are doing. But my boss doesn't really think much of
> the company's attorneys. She thinks he should get his own attorney,
> concerned that the consultancy in NJ will still try to make him hold to the
> 18 month contract.
> I asked K if he could just negotiate directly with the NJ consulting
> company, asking them how much it would cost to buy out of the contract. He
> was adamant that this wasn't possible. They'd pull his visa immediately, he
> said. My boss thinks K should talk to an attorney to find out if there's
> anything he can do or perhaps the attorney might prove a better way to
> handle negotiations for a buy out.
> The consultancy is in NJ, and I'm not sure if the contract is under NJ law
> -- or if it's incorporated in a no corporation tax state like Delaware or
> Florida. I'll know by 9 am EST tomorrow, though. In the meantime, perhaps
> just contacting attorneys in the field might give us leads, even if they're
> practicing in a different state. Alternatively, is there a web site, blog,
> email list, or forum that might be of help to him? That might be useful, too.
> Thank you for suggestions.
> Kelley
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