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  #1 (permalink)  
Old 06-28-2009, 10:21 AM
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Default AC 21 Portability and New Employer like Infosys India, Wipro India, IBM India

When 485 is filed and pending more than by 2 years , 140 approved more than 2 years ago, EAD approved , new job description includes old job descriptions :


Question:
for AC 21 portability, is it good enough to continue on w2 with new employer if new employer does not process H1 , and even if new employer is companies like IBM India , or Infosys India , or Wipro India ?
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Old 06-28-2009, 10:45 AM
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Originally Posted by krupa View Post
When 485 is filed and pending more than by 2 years , 140 approved more than 2 years ago, EAD approved , new job description includes old job descriptions :


Question:
for AC 21 portability, is it good enough to continue on w2 with new employer if new employer does not process H1 , and even if new employer is companies like IBM India , or Infosys India , or Wipro India ?
The new job under AC-21 must be full time, permanent, of same/similar job classification, meet conditions of labor, and placed with employment within US. It does not matter if new employer processes H-1B or not.


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Old 06-28-2009, 11:06 AM
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Originally Posted by desi3933 View Post
The new job under AC-21 must be full time, permanent, of same/similar job classification, meet conditions of labor, and placed with employment within US. It does not matter if new employer processes H-1B or not.


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Hi Thanks for your early reply.

It is full time, permanent and they are placing me in US for employment.
Job duties includes all the duties which were in my previous job in addition to some new duties. The one more condition they put is they may place me in India , whenever they require.

Will this affect for my 485?
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Old 06-28-2009, 11:23 AM
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Originally Posted by krupa View Post
Hi Thanks for your early reply.

It is full time, permanent and they are placing me in US for employment.
Job duties includes all the duties which were in my previous job in addition to some new duties. The one more condition they put is they may place me in India , whenever they require.

Will this affect for my 485?
Interesting question. A lot of companies do switch employees back and forth and travel on job and working outside the country is a common phenomena.

In my opinion, as long as the terms and conditions of the employment exist always, you are just on a work assignment in India which is related to the smae work so it should not be an issue. I would like to see views of experts like desi and others.
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Old 06-28-2009, 02:03 PM
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Ideally, your prospective employer should be aware of AC21 and should be willing to aid your AC21 / G28 filing and then be prepared to send out an Employment verification letter when requested by USCIS. The problem with desi body shops like Infy and Wipro is that they have a lot of red tape in the name of process and bureaucracy. So watch out for that.

I am not sure about IBM, but I get the feeling they might have a better process around that and a dedicated immigration team to look after your needs - this is just a hunch.

Also, all the India based companies are primarily offshore shops making use of onsite components, so find out if they would ask you to relocate to India if you run out of assignments here. Good luck!
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  #6 (permalink)  
Old 06-28-2009, 02:35 PM
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Originally Posted by krupa View Post
Hi Thanks for your early reply.

It is full time, permanent and they are placing me in US for employment.
Job duties includes all the duties which were in my previous job in addition to some new duties. The one more condition they put is they may place me in India , whenever they require.

Will this affect for my 485?

>> The one more condition they put is they may place me in India , whenever they require.


As long as this assignment is temporary in nature, and you are directly employed by US based entity, you should be ok. Remember, you are seeking permanent residence in US. All job duties should be in sync with that.


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