akhilmahajan
08-27 10:02 PM
Do we have to attach photographs when we e-file for AP ?
For E-filing AP, you dont get any Finger Printing, so you have to send 2 photographs with your application.
Please make sure you write your name and Alien Number (A#) on the back of the photographs.
I hope this helps.
GO IV GO.
For E-filing AP, you dont get any Finger Printing, so you have to send 2 photographs with your application.
Please make sure you write your name and Alien Number (A#) on the back of the photographs.
I hope this helps.
GO IV GO.
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ashkam
03-27 11:32 AM
"somebody who should not be allowed in your house" is not necessarily a security threat."
Whaa? You're kidding, right? If there's an intruder in my house, he could be Santa Claus but for me he is a security threat. Are you just arguing now for the sake of it? You keep talking about logical reasoning, but I don't see a shred of it coming from your side.
Whaa? You're kidding, right? If there's an intruder in my house, he could be Santa Claus but for me he is a security threat. Are you just arguing now for the sake of it? You keep talking about logical reasoning, but I don't see a shred of it coming from your side.
karthkc
06-06 09:40 AM
Answers to the questions above:
1. The company is a Manufacturing company.
2. They have 17,000 employees.
3. Yes. Salary has changed but not significantly.
I dont see any issues here, but if you are still not sure and your date is current, see if you can request a promotion date that can be effective after your case has been adjudicated.
It will take some explaining but might be worth it..
1. The company is a Manufacturing company.
2. They have 17,000 employees.
3. Yes. Salary has changed but not significantly.
I dont see any issues here, but if you are still not sure and your date is current, see if you can request a promotion date that can be effective after your case has been adjudicated.
It will take some explaining but might be worth it..
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sats123
04-01 03:39 PM
I faxed to AZ senators
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tselva
11-12 10:18 AM
Dear tselva,
why 22May06 for India EB2, i think your PD is before that. can you please add two more months, that covers mine too.
i dont have any hope in December bulletin, waiting for next year.
Anyways, I hope all of us should get out of this mess ASAP.
Thanks
MC
MC
You will come to know how far I am right at 3.34 PM today!! By the way, it is PST :D
I will start charging for my prediction from next month. I will also extend the prediction for individual cases!!. Who knows I will become a richer than greencard attorneys.
Bottom line is that taking about immigration becomes more fun!!!!!!!!!!!!!
why 22May06 for India EB2, i think your PD is before that. can you please add two more months, that covers mine too.
i dont have any hope in December bulletin, waiting for next year.
Anyways, I hope all of us should get out of this mess ASAP.
Thanks
MC
MC
You will come to know how far I am right at 3.34 PM today!! By the way, it is PST :D
I will start charging for my prediction from next month. I will also extend the prediction for individual cases!!. Who knows I will become a richer than greencard attorneys.
Bottom line is that taking about immigration becomes more fun!!!!!!!!!!!!!
sanju
09-08 08:24 PM
I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
more...
rkgc
05-30 12:01 AM
Done, thx
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songlan
09-14 10:17 PM
I couldn't agree with you more...
As long as you are able to do what you want to do in life, that is what really matters. I don't have children yet, so that's not my worry. My spouse is on her own H1 and I hold two jobs on concurrent H1s.
Between the 3 jobs, we make good money, own two houses in the US, one overseas and live a content life. That's our GC, the actual GC is nice to have but it doesn't bother us that much...I bet there are plenty of GC holders out there who haven't gotten as far as I have...in terms of working 2 jobs & owning 2 houses.
So the moral of the story is, GC or no GC, live a good life, be content and don't miss out on the fun...don't let the GC fever bring you down..
hm... So why are you here, in Immigrationvoice ???
As long as you are able to do what you want to do in life, that is what really matters. I don't have children yet, so that's not my worry. My spouse is on her own H1 and I hold two jobs on concurrent H1s.
Between the 3 jobs, we make good money, own two houses in the US, one overseas and live a content life. That's our GC, the actual GC is nice to have but it doesn't bother us that much...I bet there are plenty of GC holders out there who haven't gotten as far as I have...in terms of working 2 jobs & owning 2 houses.
So the moral of the story is, GC or no GC, live a good life, be content and don't miss out on the fun...don't let the GC fever bring you down..
hm... So why are you here, in Immigrationvoice ???
more...
dontcareanymore
04-16 04:20 PM
Hi number30,
I know many of my friends who have Indian 3 yr bachelors & 2/3years of Masters + 5 years experience post education applied in EB2 and got I-140 approved and many of them got their GC too.
There are some cases where 10+2+3+2 got approved in EB2. But lately CIS has been interpreting the BS requirement to read single source degree. Combination of degrees to equate to the bachelors is not allowed for EB2 purpose.
I agree, they had given approvals under EB2 with a 3 year degree. I have few friends who dont even have Indian masters (like MCA) after 3 year Indian degree (BSc , BCom) i.e 10+2+3+1 year diploma from computer institute, but got approved under EB2 and now citizens.
I know many of my friends who have Indian 3 yr bachelors & 2/3years of Masters + 5 years experience post education applied in EB2 and got I-140 approved and many of them got their GC too.
There are some cases where 10+2+3+2 got approved in EB2. But lately CIS has been interpreting the BS requirement to read single source degree. Combination of degrees to equate to the bachelors is not allowed for EB2 purpose.
I agree, they had given approvals under EB2 with a 3 year degree. I have few friends who dont even have Indian masters (like MCA) after 3 year Indian degree (BSc , BCom) i.e 10+2+3+1 year diploma from computer institute, but got approved under EB2 and now citizens.
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NNReddy
09-19 08:11 PM
My wife's case is moving back to TSC again from CSC. But I don't see anything on EAD and AP cases. May be they will be processed at CSC.
more...
pooja_34
12-22 02:14 PM
Well said - I couldnt have said it any better !!! I thought every desi in the US knew this already but apparently NOT!!!
But not because they are 'Indian' but because they are run by sarkari babus. If anyone wants proof Govt. can't run things even remotely as efficiently as private corporations, this is that case study.
Have to give American consulates in India the credit that they have outsourced some job to external private companies.
At Indian consulate the story is quite different. There are many who share Pooja's feeling on this subject as being used to dealing with efficient private businesses in US, as soon as you enter the consulate, the sarkari inefficiency hits you like a ton of bricks. Every small screwup looks like a giant under our microscope and each further screwup just frustrates us exponentially.
As per my last visit to SF consulate, bracing for the worst, I got a surprise to find that it was a breeze, mostly because the lady at the counter was more compassionate and accommodating then the prior ones. But the failure is glaringly at the top level where they fail to define and refine the process, proof-read the information on website (list of document is vague and contains repetitions).
To summarize I think good workers can deliver some time, but the team will ultimately be a failure without good management at the top, and we all know the top management is sarkari babus who could care less as they were appointed from the sifarish of the Govt in New Delhi and not on their own merit.
But not because they are 'Indian' but because they are run by sarkari babus. If anyone wants proof Govt. can't run things even remotely as efficiently as private corporations, this is that case study.
Have to give American consulates in India the credit that they have outsourced some job to external private companies.
At Indian consulate the story is quite different. There are many who share Pooja's feeling on this subject as being used to dealing with efficient private businesses in US, as soon as you enter the consulate, the sarkari inefficiency hits you like a ton of bricks. Every small screwup looks like a giant under our microscope and each further screwup just frustrates us exponentially.
As per my last visit to SF consulate, bracing for the worst, I got a surprise to find that it was a breeze, mostly because the lady at the counter was more compassionate and accommodating then the prior ones. But the failure is glaringly at the top level where they fail to define and refine the process, proof-read the information on website (list of document is vague and contains repetitions).
To summarize I think good workers can deliver some time, but the team will ultimately be a failure without good management at the top, and we all know the top management is sarkari babus who could care less as they were appointed from the sifarish of the Govt in New Delhi and not on their own merit.
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axp817
04-06 03:09 PM
One way of thanking IV is by making a donation, so that IV can continue to help others like you.
just a thought.
Good luck with your situation.
just a thought.
Good luck with your situation.
more...
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Sheila Danzig
12-12 08:03 AM
Almost all holders of the CA have a 3 year BCom. We have had, as far as we know, 100% approvals (for only a few cases) showing the CA = US Masters with the proper documentation and a professor's expert opinion letter. However the strong evidence points to the equivalency being a BA.
Easygoer,
From your reply, I get that you got your EB2 approved by equating CA to Masters degree. Can you let me know whether your bachelors degree was 3 years or 4 years?
Also, could you let me know which month and year your appeal got cleared?
Thanks a lot for your help.
Easygoer,
From your reply, I get that you got your EB2 approved by equating CA to Masters degree. Can you let me know whether your bachelors degree was 3 years or 4 years?
Also, could you let me know which month and year your appeal got cleared?
Thanks a lot for your help.
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enggr
09-26 02:37 AM
I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
more...
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tinku01
02-19 12:57 PM
rb3_napa you are absolutely right but as we all have been working together to resolve all these GC issues therefore it becomes necessary to consider everybodies problems in the group. As this goup was earlier started by all 485 filers then it's not a good sense to ask 485 releives although CP filers have also joined this group later.
Anyway, now we also know that nothing could happen for CP filers in this campaign but for future efforts there should be some consideration involved for CP filers.....
Thanks
Anyway, now we also know that nothing could happen for CP filers in this campaign but for future efforts there should be some consideration involved for CP filers.....
Thanks
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psaxena
05-29 08:00 PM
Guys go to this website and sign up and vote yes for this bill.
http://www.opencongress.org/bill/111-s1085/show
http://www.opencongress.org/bill/111-s1085/show
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abhikal
02-21 07:03 AM
dear members,
dint had much time to go thro' your responses. but if senior ppl are targetting this fellow( mercies) for this thread, then i beg to differ. because as a member of IV, i have been answering "hadron" posts too at immigration portal.
I think all Mercies is trying to do is help IV out, by preparing answers of such questions which stupid ppl ask, so they can be put to a stop right away. Probably he's drawing your attention to some q's that all of you have answers for, just guide mercies to that post,
but i think all of your remarks have been directed towards merices only as if he's started it all.
i guess we outta stop ppl who are trying to defame this collective effort by giving them one-point answers.
have to get back to work.
P.S.: i dont want anyone to think im from numbersusa ;)
dint had much time to go thro' your responses. but if senior ppl are targetting this fellow( mercies) for this thread, then i beg to differ. because as a member of IV, i have been answering "hadron" posts too at immigration portal.
I think all Mercies is trying to do is help IV out, by preparing answers of such questions which stupid ppl ask, so they can be put to a stop right away. Probably he's drawing your attention to some q's that all of you have answers for, just guide mercies to that post,
but i think all of your remarks have been directed towards merices only as if he's started it all.
i guess we outta stop ppl who are trying to defame this collective effort by giving them one-point answers.
have to get back to work.
P.S.: i dont want anyone to think im from numbersusa ;)
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gsc999
04-11 12:49 PM
Update for Nor. Cal members:
We are arranging meetings with local law makers. This information has been posted on the Nor Cal Yahoo group by IV member Franklin.
I am posting this update here for new IV members from this area. PM me if you are interested in joining these meetings.
We are arranging meetings with local law makers. This information has been posted on the Nor Cal Yahoo group by IV member Franklin.
I am posting this update here for new IV members from this area. PM me if you are interested in joining these meetings.
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kaisersose
06-06 10:48 AM
My manager surprised me today saying that I was promoted yesterday from a programmer analyst to a systems analyst. I have an approved i-140 and have filed my 485. My priority date for EB3 is current. I also have a 3 year extension of H1B.
There is no change in the job responsibilities.
Question:
1. How soon should I file my AC21 request?
2. What is the impact of this promotion on my H1B?
3. I have waited for 7 years and I may be close to getting my Green Card. How does the AC 21 impact my pending 485?
I declined my promotion. My manager said that it would take a lot of effort to unwind this promotion. He was not pleased with my request.
Any ideas?
I am sorry, but this is just plain paranoia that seems to affect a lot of GC holders & aspirants. I have a friend who was worried about changing jobs as it was only 6 months since he got his GC!
You are *not* required to file AC21. Even if you do, in your case, it should present no problems at all, as your role & responsiblities have hardly changed.
It is not a wise approach to deny a promotion when you are not clear about the law. First be clear on the law and then make such important decisions.
There is no change in the job responsibilities.
Question:
1. How soon should I file my AC21 request?
2. What is the impact of this promotion on my H1B?
3. I have waited for 7 years and I may be close to getting my Green Card. How does the AC 21 impact my pending 485?
I declined my promotion. My manager said that it would take a lot of effort to unwind this promotion. He was not pleased with my request.
Any ideas?
I am sorry, but this is just plain paranoia that seems to affect a lot of GC holders & aspirants. I have a friend who was worried about changing jobs as it was only 6 months since he got his GC!
You are *not* required to file AC21. Even if you do, in your case, it should present no problems at all, as your role & responsiblities have hardly changed.
It is not a wise approach to deny a promotion when you are not clear about the law. First be clear on the law and then make such important decisions.
chmur
12-13 11:27 PM
To highlight other point of view and keep the debate balanced... It ain't rosy on the other side(India) either.
There is a severe shortage of highly skilled personnel in India too.
For those talents , salaries have gone through the roof. Add to that rupee has appreciated a whopping 11% this year...significantly compromising cost advantage.
attrition is a problem to get anything significant done . There are many stories of companies moving out of india due to attrition.
and for those outsourcing companies like wipro , infy etc where name of the game is pure staff augumentation/outsourcing ..... immigration issues will hit their business too.
Add to that all the peripheral issues with doing business in India ....poor infrastructure, cultural issues and overhead/risk of managing distributed teams etc ...
Pure outsourcing/staff augumentation business model employed by Indian bell weather IT companies is finally being challenged.
Simply put: There ain,t free lunch, anywhere.
IMO: Purely from career standpoint , getting a greencard and staying put in US, is still the best option by a distance.
There is a severe shortage of highly skilled personnel in India too.
For those talents , salaries have gone through the roof. Add to that rupee has appreciated a whopping 11% this year...significantly compromising cost advantage.
attrition is a problem to get anything significant done . There are many stories of companies moving out of india due to attrition.
and for those outsourcing companies like wipro , infy etc where name of the game is pure staff augumentation/outsourcing ..... immigration issues will hit their business too.
Add to that all the peripheral issues with doing business in India ....poor infrastructure, cultural issues and overhead/risk of managing distributed teams etc ...
Pure outsourcing/staff augumentation business model employed by Indian bell weather IT companies is finally being challenged.
Simply put: There ain,t free lunch, anywhere.
IMO: Purely from career standpoint , getting a greencard and staying put in US, is still the best option by a distance.
whatsupwithgc
02-28 12:33 PM
Found it in .
http://imminfo.com/resources/namecheck.pdf
http://imminfo.com/resources/namecheck.pdf
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