TCS client offered full time position - Will this be an agreement breach?

Hi Anil,
I have been working for client A through TCS for the past 10 months.

Now the client has offered me full-time employment with them. I am not sure whether I can work for the same client. Even the Client is not aware of the process.

I would like to go smoothly with the TCS resignation process. I can give 15 days notice period here but not 90 days notice period in India.

Will this be an agreement breach? Will this affect me when I file a Green card application? Your thoughts are much appreciated.

Here are the answers to the best of my knowledge:

  1. Normally, what I have seen is that TCS has a clause in their agreement with client that they cannot directly hire their employees for 6 months after they leave TCS. Now, it depends on what contract they have with your company. But, normally, this is the trend followed by all big Indian IT companies.
    Your client (who is offering this job) would know more about what they have signed on with TCS.

  2. Yes, it would be a breach of contract with TCS if you do not serve full notice period. But, there are ways to solve that issue as I have mentioned above in the article. You can always buy out the notice period if you do not want to go back to India and serve full notice period.

  3. No, this whole thing will NOT affect your green card process in any way. the only thing to keep in mind is that you should complete the full and final settlement with TCS after you leave the company. This would help you get the Skill letter and experience certificate that’s required in GC labor processing.

  4. I have seen people moving from TCS to client they were working for, with no issues. It depends on TCS to challenge that move based on the contract with client. Normally, they don’t do it primarily to avoid any sourness in the relationship with client. But, remember, this is my personal opinion and may or may not be true. the risk is always there.

I hope I answered all your queries. Let me know if you need more information.

Clients said that there is a opening for FTE.

But they are not forcing me to join. If I plan to give notice to TCS and when my TCS lead approaches Client Manager to ask the reason, Client will say “its out of her interest, she has applied for this position”.

So will TCS cancel my Visa or escalate this matter? I am confused whether to accept the offer or not.

Please share your suggestion

I think you are confusing couple of things about the visa process.

  1. TCS will and should cancel your visa as soon as you leave them. This is done after your last day with TCS in USA.

  2. If your client gives you a job offer and want you to join, they will first have to get your VISA (if H1B) transferred to them. If you are on L1, they will first have to apply for H1B.

  3. If your client applies for H1B transfer, TCS would never be able to know unless someone (you or your client) tells them explicitly. Even if TCS gets to know about your visa transfer, they cannot stop it or cancel your existing one till the time you are in USA and working for TCS.

  4. You will resign from TCS (notify your lead/manager) only when your H1B transfer has been initiated or approved. So, it does not matter what your client manager says to your TCS lead.
    You can start working for your client from the day you receive the receipt number for your H1B transfer application, which you, would already have by this time.

  5. The only LEGAL issue is the contract between TCS and client (if any) which forbids your client to offer you a job and accept as employee. That would come in action if TCS decides to take action and move to court. I do not think that they would it.

Does this answer your dilemma?

Yes I have got a clarity now . Thanks Anil ! Once I join as a FTE , I will surely post it here .

Hi Anil,

Firstly i wanna thank you for make such a wonderful blog.

I have some question, please clarify me,

  1. I am working in TCS onsite location, this month 31st March my project is going to be finish and move back to India. I am planning resign immediately once move back to India. so still do i need to pay any amount after resign at India?
  2. I am going to join client company with whom i am working now. will it be any legal issue?

i will be waiting for your response.
Many thanks.

Hi ,

Did you join client company. Any issue from TCS?

I am in similar situation in India , resigned Tcs . Can I join the same client from different company for the same role ( client is offering ) immediately after resignation

You should be able to join client company.