Leaving TCS Onsite – Skill Letter for Green Card

By Anil Gupta, 699  NRI

Leaving TCS onsite can prove to be a bit expensive due to their bond of $10000. This is my own story that may help you plan your exit. I did not pay any money.


If you are also working for TCS at onsite and are thinking of resigning at ‘onsite’, my experience may help you plan your exit.

Update 4 Nov 2014 – TCS is not asking for 5 lakh bond now
As per confirmed reports from people who have left recently, TCS has now stopped asking for 5 lakh bond money.

Leaving TCS Onsite – My case:

Type of VisaH1B
Years worked with TCS (US + India)3 years 1 month
Tenure with TCS America11 months

As you can infer from the information above, I moved out of TCS after working for them for 11 months in USA.

Resignation Notice Period at Onsite

I gave a notice period of 15 days and later extended it for another 10 days on my manager’s request.

It may or may not be possible for you for provide this much leg room but it is advisable to leave the organization on a good note with your manager. Your manager’s exit feedback makes a good amount of difference to your final settlement amount.

As a matter of fact, when you apply for the H1B transfer from within US and on a premium application, you have the buffer of about 15 days. If you are confident of the transfer, you can use this time as the notice period.

Leaving TCS at Onsite - Bond Breaking and Skill letter issues and answers

Leaving TCS at Onsite – Bond Breaking and Skill letter issues and answers

15 days are good enough to make sure that TCS does not immediately suffer any kind of loss on the project due to your exit. A person can be brought to USA as your replacement and you can complete the knowledge transfer (KT) to the client’s satisfaction. This is exactly what happened in my case.

See Also: H4 EAD application and documents list for H1B dependent’s work permit

Full And Final Settlement Amount

As a policy of TCS (applicable at the time of my exit)

  1. Serve 90 days as notice period at offshore (in India). Yes, you should go back! OR
  2. Pay out the $10,000 dollars as compensation on the name of project loss + Basic Indian salary equivalent to shortfall in notice period days.

You may be surprised just like me when you actually receive the settlement calculation sheet as it contains more amounts than mentioned above.

Here is a snapshot of what my case’s calculation was for Full and final settlement (Net Amount Recoverable – Breakup).

TCS codeWhat it means
/561A Claim (Total Earnings – Total Recoveries)
5,885
9NPRB Notice Pay Recovery42,240
9OABC Overseas agreement Breach5,00,000
TotalA+B+C NET RECOVERABLE:
5,48,125

Explanation

  1. A This is the net amount reached after en-cashing your Indian leave balance on the basis of basic salary and deducting the income tax (if any), applicable for your case.Now, Income tax in India? This might be the question in your mind.

    Well, I also asked the same and here is the explanation:

    Please note as per India Residency Law (as informed to me by TCS team):

    1. An  associate is in India for 182 days or more during the current financial year then associate will be termed as RI and is liable to pay tax to Indian Government.
    2. An  associate is in India for more than 60 days but less than 182 days during the current financial year, in this case if associate stay in India is more than 365 days in preceding four financial years then, associate will be termed as RI and is liable to pay tax to Indian Govt.

    As per the Indian financial year, if  the total stay of an associate in India determines him as India resident, then his India salary for all 12 months is taxed.

    In my case, my last day with TCS was 30 September and hence I was eligible to be taxed in India. The total income tax due on my head came out to be Rs 43,412 for the six months of work.

    So, this was the calculation to reach the net figure of 5,885.

    Leave En-cash 43 days 37,527
    -Income tax due -43,412
    Net payable by me 5,885
  2. B  Notice pay recovery was calculated on the 90 – 24 = 66 days shortfall and came out to be 42,240 on the basis of my basic Indian salary.
  3. C Overseas Agreement breach: Even though the policy says it is $10,000 and the dollar’s exchange rate was $1 = INR 60, TCS was kind enough to use a generic rate of $1 = INR 50 as standard!I have no idea why they did that and neither did I show any inclination to question this for obvious reasons.

Negotiating The Full and Final Amount

There are good chances that you would not like to pay this hefty amount for your sin of resigning at onsite and looking for a better nest! If yes, then you need to negotiate, bargain, Maandvali or whatever you call it. And yes, it is possible to bring this amount to a manageable figure.

Here are some of the TCS Alumni experiences that I also went through before making my pitch.

If you carefully look at the complete settlement calculation, the only portion you can negotiate is the row B and C.


B Negotiating notice pay recovery


The notice period pay off waiver depends highly on your conduct and relationship with your manager while you were on the project with TCS. The manager has the final say in releasing you at onsite. His inputs to the HR (Human resources) team with respect to the project losses would make a difference.

If you and your manager agreed upon a KT timeline and it was completed to each party’s satisfaction, manager can give a good feedback and you will benefit in this area.

This is what has happened with me and this amount was completely waived for me after I highlighted the above points.


C Negotiating Overseas agreement Breach


Although, it is widely known to be negotiable up-to INR 60,000 to 1 lakh, it depends on your own negotiation skills.

In my case, it was completely waived off due to following reasons (Not sure if this worked exclusively to change their mind, but this was what I contested for):

  1. I traveled to India during my notice period at onsite and did not ask TCS for the travel tickets. I paid it all on my own.

    I had to travel due to a death in my family and to get the visa stamped in my passport. I offered to show the immigration stamps in my passport as a proof.

  2. I did not claim any ‘Home lease breakage’ amount during my tenure with TCS at onsite.
  3. I completed the 2 weeks notice that I initially gave and then extended it by 10 more days on manager’s request. Normally, people only give 2-3 days notice here in USA.
  4. The Knowledge transfer was completed to the satisfaction of client and the TCS manager. TCS manager gave the go-ahead for release at onsite with good comments to HR (Human resources).
  5. My behavior and conduct while resigning was good and I had no fights with anyone.

You must be wondering – What the hell did I pay then to get out of this mess?

If you read everything correctly, I only paid the balance INR 5885 for the settlement!

My advice would be:

Don’t spoil your relationship with team and manager and leave on a good note. This not only helps in the settlement process, but in keeping the old networks strong and fruitful.

TCS Documents You Need After Finishing Settlement

TCS will issue following 2 documents:

  1. Release Letter – mentions that TCS acceptance of your resignation.
  2. Service letter – mentions the tenure of your service, last designation, and last drawn salary.

TCS Experience or Skill Letter With Job Duties – Primarily needed for PERM application

By default, TCS will not send you this letter on settlement. You have to ask for it from the same team/point-of-contact that helped you in settlement process.

For those who do not know, you might need this letter for filing your Green card application in USA and hence its important.

It is only issued once by TCS, so be careful about what you want to be written.  Your case now fall into following options:

  1. TCS Settlement Completed

    • Letter from TCS after settlement

      This is pretty simple to obtain if you have completed the settlement. They will send you a skill certificate template.

      Template for skill certificate as shared by TCS – This letter is printed on TCS letter head.

      Tcs skill certificate sample

      TCS skill certificate sample

      You will be asked to fill it up and get your manager’s (or anyone who was a step above in the organizational hierarchy belonging to same business unit as you) approval. Once approved, they would issue the letter in 3 working days as per SLA (Service line agreement).

      Related : Sample Skill letter USA for Green Card Application – With content

      In my case, they took 8 days after approval. Not sure why they breached the SLA!

  2. TCS Settlement NOT completed

    1. Letter from a co-worker on plain paper

      If you are not able-to/interested in the settlement, your other option is to get the skills endorsement from a co-worker or your last manager (basically someone who worked with you and can endorse your skills).

      This letter needs to be notarized.

      This option might not prove fruitful in the sense that the DOL (US department of labor) might ask you to prove it while inspecting your application. Normally, the current trend in DOL is to sample 30% of the total applications and verify the claims.

      So, if you fall in this 30% category by your sheer luck, they may or may not ask you for the same letter on company’s letter head.

    2. Letter from co-worker on TCS letter head

      Better option than (2.1) above but is only possible if your manager/co-worker is authorized and have access to official company letter head.

      I see the chances of this to be pretty bleak.

    3. Letter from co-worker if the person has left TCS on letter head

      The general undocumented rule says that your co-worker can use his current company’s letter head to endorse your skills even though he is not in TCS anymore.

      This arrangement works if the endorser mentions the tenure of his work with you and required skills.

TCS Provident Fund Settlement

This is the easiest part. No-one can stop your PF withdrawal/transfer even if you do not complete Full and Final settlement.

The settlement team would send the application forms along with the settlement letter.

TCS Provident Fund Settlement – Send hard copy OR scanned copy by email?
You can fill up the PF withdrawal and pension withdrawal forms, sign along with the real version of Indian revenue stamp.

Now, scan all the documentary proof along with main application form (with revenue stamp) and EMAIL it to Retirement benefits team at TCS. This is a separate team than the one who handles your F&F settlement.

They CAN process provident fund withdrawal based on scanned copy as well. I had sent the scanned PDF (colored) versions of the forms along with documentary proof, and got the money directly deposited into my bank account in India.

For your information, I did send the colored scanned copy of cancelled cheque as well.

TCS Alumni Portal

TCS has a very good portal for its Alumni. You can register yourself here at https://www.alumniportal.tcs.com. This will help you download the Form 16 and other such documents later removing the dependency on TCS guys.
Have More Questions?

If you still have questions, write to me in the comments. I will answer to the best of my experience and knowledge.

  • Anonymus

    Hi,
    I read every where that TCS asks for Rs.500,000 But when I saw agreement signed with TCS it says I need to pay $30,000, So can you please let me know how this amount is calculated. (I am planning to quit at TCS Uk and no plans to go back India

  • Hi Anonymous :),
    In case of USA, the agreement says USD 10,000 and I think they just always multiple the US dollar rate by 50 as a standard. So, 10000 * 50 = 5 Lakh INR.

    I am not really sure about UK agreement but $30,000 seems too much. Also, it should be in pounds if are in UK. Isn’t it?

    Anyways, even if it is dollars, they would just multiple it by 50 as a standard to convert it in Indian rupees.
    I have seen couple of full and final statements of my friends (who also left TCS) and they all had the same calculation i.e. multiplied by standard exchange rate of 1 USD = 50 INR.

    Let me know if you need more information.

  • Anonymus

    Hi Anil,

    Thanks for information 🙂
    Yes it has to be in Pounds, But just now I had a look at that it is $30K(not sure why)
    I never bothered to read the document as I was getting onsite but now it became a hurdle for me, Do you think I can negotiate on that? and if they don’t agree then will I end up in paying USD 30K??

  • I must agree $30k is really huge and weird.
    It is certainly a hurdle and was in my mind when I was planning my exit.

    But, at the same time – It is negotiable. Try your best and I am sure they will come down to a manageable amount.

    The interesting thing is that they can legally (as per my opinion) charge you ONLY the 3 months INDIAN basic pay. I don’t think that $30K in any way is actually a realistic figure even if they come after you with an INDIAN court notice.
    I got it settled with minimum amount and I have heard similar stories from my other friends. Nobody in-fact paid the full amount.
    So, have patience and negotiate.

  • Anonymus

    That’s true, Me too heard that no one pays the full amount, But I am not sure that I should take this risk or not.
    in my case I am getting sponsorship with visa but not job, So I need to search for a job in 3 months else the visa will be cancelled , So I need to think on this before taking this big step.

    If I end up in paying full amount and dont get a job in 3 months then I will lose the big amount and a existing job(Which I cant afford now)

    Any way thanks for the info.

  • Thinky

    Hi Guys, I am also with TCS now. I have a company offering me a job with H1B transfer. What is the least amount I could pay as a settlement, after bargain. I need to plan for it, since its just been less than 8 months since I traveled to US on H1B

  • Hi Thinky,

    The least amount is zero (my case) and the maximum is 5 Lakhs (Not heard anybody paying this).
    The average that I have seen/heard is anywhere between 60K to 1Lakh INR.
    It highly depends on your negotiation skills and relationship with your project manager/BRM here at onsite.

    Regards,
    Anil

  • Thinky

    Thanks a lot, Anil, for the quick & positive reply. 🙂 Would you mind giving your personal email id. I have a few more questions which I cannot post in the forum.

    Thinky

  • Shreyas

    Hi Everyone ,

    I am planning to quit TCS this month. but i have some problems,can anyone help me.

    1)
    My project got end on 18tjuly 2014 so BRM told to rise returned travel request
    .Now i have got new project with the same location from 21st july and i
    cancelled my travel request .It has affected my current month salary .
    2)
    i have took salary advance since i dit got this month salary . i can
    take only 3000$ as advance salary . pending amt will be credited in next
    salary . But i have got an offer n i have to join withn 3 weeks . can i
    get the balance amt and 3 weeks salary from TCS ?
    3) i have not got the pay slips also for this month . can i get the pay slips if i resign now ?
    or else i have to wait till next month ?

    pls help me

    Thanks in Advance

  • Hi Thinky,
    You can write to me on IHSIndia@am22tech.com and the mail would reach me.

    Regards,
    Anil

  • Hi Shreyas,

    Congratulations on getting a new project.
    The basic point is that you will be paid the salary for all the days that you spend in USA irrespective of the project being allocated or not.
    You will also receive pay slips since you are getting paid. They may be delayed but you will get them.

    The process might be different in the sense that you may get the balance salary as part of full and final settlement if you leave TCS. i.e. it may get delayed but you will get it.

    Let me know if you need more information.

    Regards,
    Anil

  • Shreyas

    Thank you Anil

  • Shreyas

    Hi Anil,
    Thank you for your reply . Can I put the resignation now itself or else I have to wait till next salary .

  • It does not matter when you resign. You will be paid till the last working day.

  • Shreyas

    K fine .Thank you

  • krish123

    Hi Anil,

    This incredible piece of information. Thank you for providing the above details.

    The option 2.2 Letter from co-worker on TCS letter head

    if the co-worker/supervisor has access to TCS letter head.
    Do you think the letter will be sufficient evidence for i140 .

    In that case do you have any template how letter should be.
    Your inputs are appreciated

    Thanks
    Kris

  • Hi Krish,
    1. Yes the letter would be sufficient if it is on letter head.
    2. There is no specific template. You can use the one that is already shared in section 1. The idea is to list the technologies that the person worked on and the tenure of work.

  • Krish

    Thanks Anil for your response.One final question..Does the co-worker/supervisor should be in usa .If yes letter head should be on tcs usa or tcs india.

  • Hi Krish,

    I don’t think the location matters. The only point to note is that the person should have worked with you and vouch for you. He/she should know which technologies you worked on during the tenure you mention on the letter.

    The letter head that I got (Official TCS letter) had the address of TCS Mumbai even though I never worked in Mumbai.

    Regards,
    Anil

  • anonymous

    Hi Anil, Find your blog useful.
    Wanted to ask few questions:
    Is it advisable to resign the company on the day i get an offer(this is what many consultancies prefer
    ) or it is wise to wait till i get the H1B transfer receipt number and then resign?

    If I would like to go back to India after a few years, how easy or difficult would it be to find a job back home(assuming i have all the experience letters from previous company)

    Any suggestions/checks that i can do before joining a consultancy who will sponsor the H1B and then assign me to their client for work?

    Thanks for your feedback

  • Hi Anonymous guest 🙂

    1. I would say, it is wise to resign on the day your H1B transfer gets APPROVED. There is always a risk in resigning anytime before you get the approval.
    Consultancies would try to give you examples and lure you into resigning as soon as you get the receipt number, but there is always a possibility of a hick-up.

    In my own case, the H1B transfer got APPROVED, I resigned and then USCIS gave the biggest shock of moving the H1B transfer in the RFE!! It was a rare case but yes, it happened and I could not find any reference/example to it on internet!
    Anything is possible with USCIS decision, so its up to you to take a risk or not.

    2. Finding a job is not a problem in India if you have the appropriate educational and professional qualifications. I know lot of people who have gone back after working in USA for about 7-10 years and in-fact have found pretty good offers back in India.

    3. Well, working for a consultancy is a bit of a risky affair. I run a risk of getting into a long debate if I express my views for a consultancy here but the short story is that work for a reputed consultancy even if they give you lesser pay than the one which pays higher but has small presence in the market.

    Also, it is advisable to compare the package offers keeping in mind that most consultancies do not offer health insurance. Employee has to pay the total amount from his own pocket. In case of TCS or other big companies, the insurance that you pay is highly subsidized. So, do not compare just the total numbers, consider your costs too.

    Talk to people already working for that consultancy with respect to bench pay.

    I have heard that if you work for a small/lesser known consultancy, the chances of getting visa stamped (if you go out of USA) are drastically lower. I may be wrong here but there is certainly some smoke here to consider before you make the plunge.

    If you are single, it is ok. But if you have a family and a kid, there would a bit of un-easiness in working with a consultancy. Normally, the contracts vary in length from 3-12 months (irrespective of what consultancies tell you – the contracts are mostly in the range of 3-6 months as per my experience). So, they may ask you to move frequently (change locations) and you may not be able to sign a home lease and subsequently pay higher rents. This is another big cost to consider.

    Let me know if you need more information.
    All the best.

  • Sundar

    Hi All,

    Does Tcs revoke h1b if I switch the job just after getting h1b transfer receipt

  • Yes.
    TCS will apply for revoking of their H1B application as soon as you leave the company. They do it pretty quickly and probably file for revocation immediately after your last day with them.

    I would advise you to not move/resign until your H1 transfer has been approved. Moving on transfer receipt is a risky affair.

  • dailyamit

    Hi Anil,

    Indeed your blog is useful..
    As far as I know, currently TCS has discontinued this policy for bond breakage..Can someone confirm?

  • Hi Dailyamit,

    Not sure if they have discontinued or not now. it was active last year and I still have some friends who came here with me in 2012. They had also signed the same onsite deputation agreement which mentions the $10K bond.

    It is possible that they have dis-continued it for new deputations.

    Did you read your deputation agreement completely? If it is not mentioned there, you are FREE.

  • Sourabh

    I left TCS on 26th Aug 2014. Just want to share this information TCS discontinue to Overseas agreement Breach (5,00,000 Rs) policy. Now they are not asking for this amount. Good news. 🙂

    Sourabh

  • Sourabh

    Dear All – I got following 2 documents :-

    Release Letter
    Service letter
    Skill certificate is in progress.

    Do I need to ask any other documents. Please let me know if I am missing something.

    Sourabh

  • That’s definitely good news. All the best for your new job.

  • I think you have asked for the maximum from TCS 🙂 Just kidding.
    These are the 3 letters that you would need. I personally do not know of anything else.

  • Sourabh

    🙂 Okay Thank you Anil..

  • ravi

    Hi Anil,

    When you had withdraw the provident fund was there any tax deducted on it as withdrawal was before 5 years?

    Regards
    Ravi

  • Hi Ravi,
    The 5 year limit is applicable only to the PF account and not to TCS. This means that if you have changed companies within the last 5 year and still got your PF transferred (not withdrawn), then you won’t be charged any tax.

    In my case, I used to transfer the PF and the total amount of time it was active was 8 years. I just spent 3 years with TCS but had got it transferred from earlier companies.

    Does that answer your question?

  • Ravi

    Hi Anil.

    Thanks for reply. In my case total PF tenure is 4.5 years so not sure if tax will be deducted as I’m not currently employed in India.

    Regards
    Ravi

  • Hi Ravi,
    I think you can wait for the withdrawal then. I am not sure about this rule with respect to taxation but if you apply for withdrawal after completion of 5 years, you should be able to evade tax.

    As an another rule, you can keep your PF with TCS for any amount of time even after your exit. Your money remains safe until you take any action. The only caveat here is that you will stop getting interest on your money in PF account after 3 years.

    So, I guess wait for another 6 months and then submit the request for withdrawal. You should be able to by-pass income tax then.

  • Ravi

    Anil, Thanks for this useful information

  • Rahul Malik

    Hi Anil,

    I have joined TCS 2 days back in Phoenix but my wife is working in California on L1B in other IT MNC.
    That organization was having vacancy and I am recruited by them.

    If resign tomorrow what would be full and final settlement amount I would be required to pay?
    is that $10k bond prevails?

    Regards
    Rahul

  • Hi Rahul,
    The $10K bond is only applicable to people coming to USA from India.
    I have not heard TCS asking anybody sign this bond, if recruited in USA.

    The F&F amount would be calculated based on your number of days of work with them. they would pay you salary and not take anything from you.

  • Rahul Malik

    Hi Anil,

    Thanks for quick reply.
    I had come from Delhi,India to Phoenix,USA on 10th Oct and today had cleared the interview in my wife’s organization.

    as per below post some guys had mentioned TCS had stopped $10k bond amount settlement from this year, can you please confirm .

    Regards,
    Rahul,

  • Hi Rahul,
    I think the bond is applicable to you. I don’t know of any specific case in my circle where the bond was stopped or was not applicable.
    Did you read the deputation agreement that you had signed in TCS corporate office in Delhi before coming here? You must have got the copy of that agreement.
    Read it thoroughly and If it is mentioned there, you have to abide by it.

  • Xtcs

    Hi Sourabh,

    So you did not pay any amount and got the letters?

  • Sourabh

    No extra amount only settlement amount. with respect to your notice period, leave and all. nothing extra like breach onsite bond and all. do not worry if you decided then move on. Good luck

    Sourabh

  • Xtcs

    Thank you Sourabh!

    I have actually resigned on Aug 15th.. I have submitted all the PF related papers and waiting for their response.

    Roughly how much is the amount we will have to pay( with respect to notice, leave and all)

    Thanks,

  • xtcs

    Thanks Sourabh!

    Roughly how much is the amount that we need to pay. Actually I resigned on Aug 15th and waiting.

    Thanks!

  • Hi xTcs,
    The notice period is 90 days. Shortfall = 90 – number of days of your notice.
    They will multiply this number by your daily Indian basic salary component.

    For example, if you basic salary was 30k per month and you shortfall comes out to be 45 days (meaning yous served 15 days notice in USA), you will have to pay 1000*75 = 75k.

    Your balance leaves would also be paid out with same basic salary calculation. So, if you had 20 balance leaves, TCS would pay you 20*1000 = 20k.

    So, the net amount you would have to pay is 75k – 20k = 55k.
    Off-course, this is just an example. It all depends on your basic pay at the time of resigning.

    Have they not shared the F&F statement with you? They normally send it out within a month from your last day.

  • xTCS

    Hi ANil,

    Thanks for the information!

    What is the F&F statement?

    Thanks,

  • Xtcs

    Hi Sourabh,

    I found the F&F statement in the alumini portal.

    It has 4 pages..I don’t understand the last page “deductions under chapter 6A.

    Is that the amount we have to pay?

    Thanks,

  • F&F = Full and final Settlement.

  • Hi xtcs,

    Look for ‘Net amount recoverable’ in the F&F statement. This would the amount that you have to pay.

    Also, “deductions under chapter 6A” is the tax exempted investments. You most probably would have only the ‘Provident fund’ listed here. This is the amount which is tax exempted in India.

  • XTcs

    thanks Anil!

    I see the notice pay recovery and have recovered around 40,000.

    so I guess that is the one.

    In the deductions under chapter 6A, I have the PF, housing loan repayment and medical insurance.

    There is a field which says “Aggregate of deductible Amount under chapter 6A”= total of the(PF+housing loan+medical insurance). so are they going to deduct this amount?

    Thanks for all you replies!

  • No. This is the amount that is tax exempted.
    Your case seems to be most likely the case where they are calculating the income tax in India as well.

    It happens when you have not spent 182 days here in current financial year starting 1 April. It happened with me too.

    What they would do is, calculate your total income in India (with the indian salary portion) and deduct this chapter 6A as tax exempted income. This would give them ‘taxable income’. They would then run this ‘taxable income’ through Indian income tax slabs and find out the tax that needs to be deducted.

    Once they have this tax amount, they would ADD it to your F&F recovery. This is simply because income tax is due to be paid by you.

    Does that answer your question?

  • XTCS

    okay got it.thanks!

    So then will they be sending another F&F statement once they have the tax amount?

    Thanks,

  • No. I am not sure which document you are looking at.
    They only send/share one F&F statement and I guess you already have it and have been looking at it all through this discussion.

  • XTcs

    Okay. Thanks for the information!

  • Goutam

    Well i am an old TCS employee and time has come for me to say good bye. I plan to quit from Onsite (LATAM). My first question to all you experts – to whom should the resignation letter be addressed – Onsite HR, RMG and PL/GL’s. I do not have plans to go back india. Any advise would be really appreciated.

  • Anil

    Have you changed you changed the company? if yes, did they ask any bond amount?

  • It should be addessed to your onsite BRM and onsite HR.

  • Goutam

    Thanks Anil.

  • Goutam

    Is it applicable to all? I mean when did you move to onsite? I read a policy document related to the Separation Process and it does mention about penalty amount. Not sure about that 5L stuff; but yeah they do ask for the damages.

  • Hi Goutom,
    The separation policy would not mention it.
    The 5 Lakh amount is the ‘Damages’ penalty that TCS demands on the basis of deputation agreement that you sign just before flying.

    5 Lakh = $10000 with no relevance to the current exchange rate.

  • Venky

    Hi Anil, this post helped me a lot. Thank you !!
    I think we should be able to claim the income tax amount back from the government. Did you go through the hectic process ?

  • Hi Venky,
    Yes, we should be able to recover it but the problem is the process. Nobody knows the process including me.

    Its kind of double taxation issue and I am not really sure how to take the first step. I will definitely share the details if I ever reach that point 🙂

    Do share with me in case you find some useful information.

  • Venky

    I think if we get form 16 at the end of the financial year in tcs alumni portal. we can use that to file income tax returns in India. I will keep you updated when I get more info on this.

  • My case is from 2012 and I already have that form 16 but was really not sure how to fill the ITR that can prove that it was my NRI income.
    Actually, I am thinking of contacting some CA who can help….but have not connected yet with anybody.

  • Devid

    Hi Anil. Thanks for sharing your information.
    I have H1b valid for 2 more years and i am coming to offshore next week. If i switch company from India will TCS cancel H1B visa and how may days mandatory notice period have to be served before leaving the company. After 60 days of reporting at offshore and serving one month notice period enough for getting clean exit from TCS.
    Please reply..

  • Hi Devid,
    I would NOT recommend to go back to offshore and then switching the company. It would be really tough and almost impossible for you to switch company if you plan to come back on H1B again.

    Yes, TCS will immediately apply for cancellation of your H1B after your last day with them. If you don’t get it transferred before cancellation, you will be left with no choices but to file for a new one.
    Do you already have some company who is transferring your H1B while you are here in USA? If yes, it is better to join the new company here itself without going back. The choice is yours.

    As far as clean exit is concerned, yes going back and serving the full notice period is one option. The other option is to buy out and get the full and final settlement done as I have mentioned in the above article.
    Choice is yours.

  • Devid

    Thanks Anil..
    Is it possible for the new joining company to transfer my visa to them without TCS knowledge till the last day .

  • The H1B transfer is completely anonymous. No one can intimate your current company except YOU.
    USCIS never shares this information with current H1B holding company.

    This is the normal process that everybody follows.

  • Devid

    Does it mean unless i tell them my H1B is getting transferred to other company , TCS wont be able to know . If this is the case new employee can do my h1b transfer from india and once it is done i can resign from TCS and still my h1b is valid

  • Yes. As I said, it is possible but quite a long and tough process. Its your choice.

  • Devid

    If the new company is ready to transfer in premium processing then will it take more than 2-3 months

  • Premium processing takes only 15 days from start to finish.

  • swap

    THis is so detailed and helpful.. Thank you man for guiding all who are looking for some information. 🙂

  • Thanks Swap. I am glad it is helping people looking for making a high jump 🙂

  • Devid

    By doing H1B transfer from India is there need to go for visa stamping from any consulates in India.
    Thanks very much for sharing the information..

  • Yes, I think you would need to get the new stamping. It would be better to consult your new company’s attorney too in this matter.

  • Rajshankar

    A very detailed and easily understandable post for the ex.TCSers. ! good work Anil !

  • Rajshankar

    Hey Anil, my current employer is applying for a GC. I haven’t gotten the skill letter yet from TCS but have completed all the processes. TCS sent me the same format as mentioned by you above. I saw another post of you saying the content would be the same across different formats. Will TCS accommodate a change in format and do you have a format that needs to be requested which will help me knock out the GC process ? thank you in advance !

  • Thanks Rajshankar.

  • No, as far as I know, they would not change the format. I used the same TCS format that they shared. It is good enough for filing GC.

  • Rajshankar

    Thanks Anil and keep up the good work !

  • NS

    Hi Anil, I am an ex TCS employee and left TCS in 2008 after getting my H1B from a new employer. When I filed GC from previous employer I gave them references and letters from Ex Managers with a business card as I did not want to pay them 10K$ for settlement specially when working 24/7 for 2 years in US. I gave 15 days notice, all went smooth and then as usual notices started coming up in address in India. Well now I have changed my previous employer (after TCS) and they will be porting from Eb3 to Eb2. I had been trying to settle with TCS to get an official letter required at I140 stage. Also had negotiated with them for around 1 lakh. But the problem I am facing now is that I do not have a bank account in India anymore. I tried paying here from bank online and it failed. Also I tried paying them through Xoom and it failed as it is a company account. I am not sure how to make payment from US to TCS Account. The other thing is my PF is not settled yet and I have been trying to settle that too but since my back is closed, I asked them to send the money to a joint account with my Dad and they denied to send it to that account and asked to open NRE. I am not interested in opening a new account while I will not be using it accept these two transaction and they have some interests too as well will have to retain some minimum balance. I am now getting pressure from my attorneys to get the letter asap, so that they can proceed with I140 application. Could you help me out please and let me know how to settle these two with TCS.

  • Hi NS,
    1. You can pay transfer money through your dad’s joint account to TCS’s ICICI account. I don’t see an issue here. Did you try it?
    2. I think you should open an NRE account and then can close it after 6 months. The minimum balance is just INR 10K in most of the NRE accounts.

    It is a great gesture from TCS that they accept direct transfer deposit payments and do direct deposits as well. Imagine if the transactions were only done using cheques and then you would have to face the tracking issues, signature and other non-sense.
    I would suggest to open an NRE account and get things done without delay.

  • NS

    Thanks for the information Anil! Appreciate it very much!
    I have tried point one but was thinking to give it a try. For point 2, I will to little more research on NRE account if it can be opened online or you have appear in person. Recently I moved to Canada and I am commuting to US for work, so NY/NJ is not an option but I can try for Toronto.
    Making payments to TCS is easier because they want all money in as it is profit for them, but when it comes to paying, they get stubborn applying their own rules.

  • Hi NS,
    I have experience of opening NRE account with Kotak and ICICI bank. You just have to apply online and they will arrange for all the paper formalities.
    In the case of transferring money, I got it pretty smoothly from TCS in my Indian account though. Unfortunately in your case, you don’t have one.

  • RT

    Hi Anil
    Do you have contact information of ffs team? If yes, Could you please share with me at rigel2287@gmail.com. Appreciate your help in this regard.

  • Corporate.FFS@tcs.com is the email address. You should mention your employee ID in the mail subject. It is a generic mail ID and monitored by automated program.
    Someone will respond to your mail within 3 days.

    I have this information from my last communication with TCS.

  • nt

    Hi Anil, i am currently working in TCS.. i am identifed for the onsite position and will be moving to the place in next 4-5 days. i just wanted to ask that if i want to leave TCS in next 30 days i mean around 20th Dec,2014,will there be any problem in resigning and what all procedure i need to follow and also is it compulsory to serve 90 days service period after coming to india? and what if i can come to india on leave and than decided to resign from india only without going back? is this possible? please let me know at the earliest. Because of issues at home i am pondering overall this alot. Please help.

  • Hi Nt,
    As per your questions, I am assuming that you are coming here on H1B.
    1. You can leave your company anytime after coming onsite. There is no restriction by law.
    2. The notice period at onsite could be as low as 1 day for leaving.
    3. The 90 day notice period is mandatory. You will have to buy out (pay money) for the days that you do not serve. So, if you only give 1 day notice at onsite, you will have to pay 89 days of your Indian basic salary.
    4. You can either come back to India and serve 90 days notice or serve it at onsite and then leave, if you do not want to pay the money.
    5. The $10,000 onsite deputation bond may or may not be applicable to you. It depends on what they make you sign before coming here at onsite.
    6. Not sure how would you plan your leave within 30 days of coming onsite. But, you can certainly do that.

  • Goutam

    Anil, its a nice article. I too have sent my resignation letter to TCS with my last date of service being 14th nov. I am currently based out in Colombia. The local HR at onsite will initiate the separation process only related to the clearance of Admin, IS and stuff like that. My question is who is responsible for sending those forms related to PF withdrawl etc… i mean the local hr over here would only give me the local clearance from here on the last day: 14th nov. IS this the way it worked for you also?. Appreciate your response.

  • Goutam

    I too have sent my resignation letter to TCS with my last date of service being 14th nov. I am currently based out in Colombia. The local HR at onsite will initiate the separation process only related to the clearance of Admin, IS and stuff like that. My question is who is responsible for sending those forms related to PF withdrawl etc… i mean the local hr over here would only give me the local clearance from here on the last day: 14th nov. Is this the way it worked for you also?. Appreciate your response.

  • Hi Goutom,
    First of all, congratulations for the new job!

    Coming to your question, yes local HR would complete the clearance formalities. After your last day with TCS, the process is taken over by TCS corporate team. Their email address is Corporate.FFS@tcs.com.

    You do not need to take any action until you receive an email from corporate team (Make sure you provide your personal email address in the form that your local HR sends you for final clearance.)

    The corporate team sends a packet with all the information about full and final settlement along with PF withdrawal to the email that you provide.
    All these documents and PF withdrawal forms with instructions are also available on the TCS alumni portal as mentioned in the above article. You just have to register with the portal after your last day.

    The PF withdrawal has to be initiated by you.

    Let me know if you need more information.

  • VIkas Pimpale

    Sourabh I have few queries regarding resignation and final months salary. Could you please share your contact details on vikass1212@gmail.com

    1.If you resign before 23rd of any month,Will they hold salary for that month if you are giving notice of 14 days?

  • Sourabh

    Don’t worry TCS will give all working days salary. if they paid more before leaving do not worry TCS will settle in full and final settlement. Actually this depends on pay roll cycle As I know TCS run pay roll on 10th of every month. so consider this scenario if you resign after 10th you will get salary on 23rd and with respect to working day TCS will settle down in FULL AND FINAL Settlement.

  • Thanks Sourabh for your help. I appreciate it.

  • Harish

    How do i get a letter , is i’m working in india and left without resigning

  • I think you can follow the same process. You have to reach out to corporate TCS email ID and ask for the settlement to be done.

  • mahesh

    HI Anil,
    i have resigned on october 31 2014, still i have not got any mail from FFS. should i wait or send a mail to them?

  • mahesh

    October 31 was the last working day and i have completed all formalities required for resigining.

  • They normally send an email within 30 days. Did you register on TCS alumni site?

    You can find your full n final settlement on alumni site as well. Check it out there.

    I think you can wait for them to contact you if you are not in hurry to get the relieving letters.

  • mahesh

    Ohk thank you

  • vidhya

    hi ,

    will they consider my onsite leaves too while doing encashment or only offshore leaves ?

    Thanks ,
    Vidhya

  • Hi Vidhya,
    I am not really sure but looking at my own full and final settlement, i can say that it did not contain any onsite leaves.
    I think only my offshore leaves were en-cashed. I am not 100% confident as I did not knew my exact leave numbers from offshore but they do look relevant to me.

    I hope someone here can answer your query if they have gone through this process.

  • Spidey

    Hey Buddy,

    First of all thanks for taking time to post such a good descriptive article for resigning experience. I have few questions.. Answers are welcome from all… And advance thanks to you all… I got offer. I am going to give resignation soon (from onsite). Here are my questions.

    1. Is there any possibilities TCS may able to interfere with my visa transfer? If I gave resignation before filing H1B transfer?
    2. What can I do if my manager doesn’t initiate release form (Just for making trouble for me not to go any other job)?

    Thanks…

  • Hi Spidey,
    First of all, Congratulations.

    Coming to your questions,

    1. Nobody can interfere with your H1B transfer process at anytime. As a matter of fact, TCS would never even get to now that you have filed for H1B transfer does not make any difference if you resign before or after filing for transfer.
    My advice would be to resign only after you have got the transfer approved.
    2. Your manager cannot hold the release against your wish. If you send an email with HR in cc, you can leave the company on the day and date that you define.

    The release form is just a formality that is company’s responsibility and not yours. You can leave even if they don’t do it.

    But, remember, it is always a good to leave on a good note.
    My advice would be stay away from any fights and bad communication. Keep at-least 2 weeks of buffer for notice period. It helps both i.e. company and you.

    Let me know if you need more information.

  • Spidey

    Thanks Anil Gupta… Will contact you if anything needed…

  • Spidey

    Hi Anil Gupta,

    Have few more questions…

    1. Do I need to go back to India during following period if my future employer haven’t filed my H1B transfer assume I have resigned and on notice period? H1B transfer will be submitted and will get receipt number before notice period expires.
    2. After my H1B transfer submitted and before approval, Am I able to go back to India and come back to US without any trouble…. just in case if my manager ask me to go… (Any way they have long work flow to complete 🙂 )

  • Hi Spidey,

    1. No, you are NOT required to go back to India. Even though your company may/may-not suggest you to go but they cannot force you.
    To be safe and secure, you should at-least have a receipt number in your hand before resigning.

    And if you do not have the receipt number with you, it entirely depends on you. They cannot force you.
    Legally, you can start working for new company the day you get the receipt number.

    2. I would advice NOT to go to India in this H1B transfer period. There can be ‘n’ number of scenarios that can be possible and hence it is better to stay here and get the transfer done without any complications.
    If they force you to go back, you can immediately leave and join the new company to stay safe, on the basis of receipt number.

    Let me know if you need more information.

  • Spidey

    Thanks Buddy… Got useful info…

  • You are welcme

  • Duffy

    Hi Anil…. Is 5 lacs clause mention in Deputation? my deputation letter is not having such clause rather it said emoyee have to pay indicative amt (like travel expenses incurres, replacement cost, business lost etc section 10.2 of letter – failure to complete deputation by employee or return to India……).this section is very scary.is this section newly added or use to be there since long?

  • Hi Duffy,
    That’s the same section that is used to ask for a $10k penalty. It has been there for quite long.

  • Duffy

    OK so 10.2 is open end. Feel like Using this cmpy can demand anything.(and they will call it as Liquidation lability – hold good under H1B).
    Anyways Anil… gr8 effort to document the
    experience.

  • Thanks Duffy. All the best.

  • Pragathi

    Hi Anil,
    I have been working for client A through TCS for the past 10 months . Now the client has offered me a full time employment with them . I am not sure whether I can work for the same client . Even Client is now aware of the process . I would like to go smoothly with the TCS resignation process.I can give 15days 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 .

  • Hi Pragathi,
    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.

  • Pragathi

    Thanks a ton Anil . That helps ! If I have any other queries , I will post them to you .

  • Pragathi

    Hi Anil ,

    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

    Pragathi

  • Hi Pragathi,

    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.
    5. 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.

    6. 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?

  • Pragathi

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

  • Great. All the best.

  • Yash Jain

    Just to let everyone know, TCS is not demanding that high amount of Contract Breach nowdays (same case was with some of my senior peers as well, who put papers at onsite). I’d put my resignation on 20th Nov’14, with a notice period of 16 days. My total FFS amount came out to be ~28,000 INR (calculated for 74 days shortfall of standard 90 days Notice period). Most of it was auto-adjusted with my Earned leaves cash back amount and I had to pay only 9K INR in the end.

    Wish you luck. Freedom ahead.

    Cheers.

  • Thanks Yash for sharing your experience.
    I have also heard the same from my other friends who left TCS recently. They are not demanding the bond money now and it sounds like a good option for people who want to leave.

  • Rits

    Hi Anil,

    I am currently at onsite in the middle east and would be taking a month’s unscheduled leave next week citing an emergency. Once i come back i would file for resignation and i would only be able to give a week’s notice.

    I will not be returning to India as I have an offer for another job already in another middle east company through my contacts and the visa is also not a problem.

    I have close to 40 leaves including SL/EL/CL.

    I know the above actions would cause the relationship to go for a toss but my situation does not allow me to serve longer notice period.
    I am not worried about the about the bond money because there is none in my case since the short term deputation got extended and there is no long term bond yet.

    My question is how do I avoid the 90 day notice period, would it technically be null since there is no bond/agreement.

  • Hi Rits,
    90 day notice period is never a problem. You can always just pay the ‘Basic pay’ for the number of days of shortfall and move out.
    This is applicable in India as well. If you want to leave with zero (0) days of notice period, you can just pay (90 * you per day basic pay) and leave the company.

    This is legal.

    Also, the claim for the shortfall in notice period is dependent on the company. I mean if they decide to waive it off for you (which is possible if you negotiate), you are good. If not, you can pay them the cash. In either case, they cannot stop you.

  • Rits

    Thanks Anil for the swift reply.
    Your blog has helped a lot with the doubts that I had on leaving TCS.
    I will make my move and return with my story 🙂

  • You are welcome Rits. All the best.

  • Pamkajam

    Hi Anil

    Thanks a lot for your hep on answering all my question with patience.

    I am planning to resign for TCS at onsite on Feb 4 2015. Till that time i have applied leaves. But i have requested RMG to approve my leaves.

    So far RMG is not approved my leaves (sick and vocation leaves). If RMG is not approved by Feb 4 , what happen, wether i will get pay or not?

  • DJ

    I heard even if you give 2 weeks notice and account managers are pushing for 1 month notice then they are putting into Absconding case?

  • You will get paid till the time you are with TCS and on their payrolls. Leaves are also part of the employee contract and you are eligible for it.

  • This is rubbish. Don’t believe in rumors. Legally, they can’t stop you even for a single day.
    You can resign in the morning and leave by evening in USA or India or any other country.

    The only thing is that you have to pay the cash for the notice time that you have not served and that too only the Basic salary.

    There is nothing like they will declare you absconding. TCS is a multinational company and not a road side vendor. They have processes and rules that they follow.

    Please do not believe in non-sense rumors.

  • DJ

    Oh really.. thank you… Hope they don’t charge Exorbitant prices for the resignation.

  • suresh

    It is very useful and answers all the questions and confusions, thank you very much Anil!!!

  • Thanks Suresh,
    I am glad it has helped you.

  • Sid

    Hi Anil,

    I have informed my HR at onsite and managers, that I am resigning TCS with 16 days notice period. Who will initiate the separation process ? Do we need to follow up on it ?

  • Hi Sid,
    Have you sent an e-mail from official ID? I guess you already have.
    Your manager (most probably BRM) will initiate it in Ultimatix. Rest of the process will be taken care by HR. You just need to take care of the formalities on last day (HR will guide on that).

  • Sid

    Yes I did from my tcs id, but BRM was not cc’ed in the email. It was my delivery manager.

  • SId

    Will i be getting salary for the notice period ? If so when I will be getting the same ?

  • Yes, that should be fine.

  • Yes, you will get the salary till your last day in TCS.
    Normally, they process salary and paid you in normal cycle i.e. on 23rd day of the month. You would have already got it for this month by now.

    For the next month till your last day, they would probably pay it to you via the full and final settlement.

    Don’t worry, you will get the amount.

  • Sid

    Thanks Anil ! My fingers are crossed to get the final settlement amount. Hope they wont ask the $10K contract amount.

  • These days they are not asking for $10k contract amount. I have verified it from couple of friends who left recently.
    You should be okay.

  • Karnaa

    I have sent email to corporate FFS but no response yet till 5 business days. Is there a number to call them? I can see the FFS amount in TCS Alumni portal, is that final amount?

  • Hi Karnaa,

    1. FFS corporate has an SLA of 3 business days to respond (as I know). If they have not responded, you can email again. It had happened with me as well and in my case, I had escalated the matter in my third email to corporate FFS team.
    They did respond after it.

    When you email to the corporate FFS email ID, it goes to a group and someone responds back. There is usually a phone number mentioned in the email signature to reach that person (who is handling your case).
    You can then call and negotiate with him.

    I would suggest to send a reminder email.

    2. Yes, the FFS you see in Alumni portal is what they have generated for you. It is not final until you and TCS representative agree.
    You have the option of negotiating or accepting what they have calculated. Your choice.

    Let me know if you need more information.

  • Sid

    Hi Anil,

    Do you know how long the insurance will be valid after my resignation ?

  • Insurance will STOP after your last day with TCS.

    As per US laws, you have the option of availing COBRA. COBRA is the law which makes it mandatory for the company to provide you the SAME insurance that you had with them, while employed to carry on after you leave.
    The only caveat is that you have to pay the full insurance premium from your own pocket. Please remember that while you are with TCS, you are only contributing a part of the total monthly health insurance premium. Once you leave and avail COBRA, you would need to pay full amount.

    TCS HR will send you one form for COBRA before your last day to know if you want to avail it or not.

    Does that answer your question?

  • nike

    I got converted to a TCS USA employee after getting my Green card 9 months ago.If I quit TCS now is there any amount or bond thzt I need to pay to TCS

  • Hi Nike,
    The bond is applicable only to people who are deputed to a location outside India. The word deputed is important as the bond agreement is specifically for that purpose.
    In your case, you are not deputed now. You are the employee of the TCS USA and not TCS India. As per my opinion, your employment is not governed by that deputation agreement now.

  • Anonymous

    Hi Anil,

    Thanks for Sharing the article. I was wondering if you know anybody’s experience resigning from UK

  • Raj

    Hi Anil,

    Thanks for the wonderful article. It’s really helpful.
    Can you let me know if there is a way access the full copy of deputation agreement signed by H1B employees?

  • Hi Anonymous,
    Unfortunately, I don’t personally know anybody working in TCS UK.

    May be someone from TCS UK who is reading this article, can help you. Hope for the best.

  • Hi Raj,
    I don’t have the copy at this point. I will try to find and share if I find any in my old bag.

  • Raj

    Thanks a lot, Anil !
    I was basically trying to figure out if there is a clause in the agreement that restricts an employee from joining his client at onsite. (I understand that there may be such an agreement between TCS and the client, but was trying to understand if there is a similar agreement between employee and TCS as well).

    Any help would be greatly appreciated.

  • Hi Raj,
    I don’t think an employee can be restricted at this minute level. It is against labor laws.

    Certainly, there would be some kind of agreement between client and TCS but I don’t think any company would go to court and challenge it just for 1 employee jumping out. Client also knows about the same and if they they ready to take in the employee, there should be no issue.

  • Raj

    Thanks, Anil !
    Appreciate your help. Do let me and everyone else know if you are able to access the full copy of the agreement, as it would clear most of the confusions around. 🙂

  • DJ

    I have one, it says you can’t join atleast for 2 years after separation.

  • DJ

    Point no. 7.2 of the agreement says that.

  • Yes. I agree, it is possible to have 2 years mentioned in the contract.

  • Raj

    Hi DJ,
    Thanks for ur response. Can you please share a copy of the agreement that you have?

  • DJ

    Ofcourse I can do it.. Mail ID plz…

  • Raj

    hrithik_mra@rediffmail.com

    Thanks a lot, DJ !

  • Anonomous

    Hi Anil

  • Hi Anonymous.
    Please write something more than ‘Hi’, else I would have to delete the comment and mark it as SPAM.

  • Anonomous

    Hi Anil/Yash,
    I am planning to resign for my job in TCS onsite USA in Feb 2015. Could you please tell me when can i resign for my job if need Feb 2015 salary credit.
    When is the onsite payroll freeze date? If i resign Feb 16, 2015 , shall i get my salary credit on 23rd Feb OR they will stop the credit and give in FFS? I am now in bench. Could you please clarify me when can i resign, for getting salary for Feb 23rd?

  • Hi,
    As per my information, they run their payroll on 10th of every month. Hence, if you resign any-day after 10th, you are supposed to get the salary credit on 23rd for that particular month.
    So, your 16th Feb date is fine. But, I guess you would be relieved within a day (i.e. by 17th) since you are already on bench.
    That may (i am not sure though) stop your salary credit.

    In that case, the best day would be 23rd!

  • Anonomaous

    Sure..Anil..Thanks could you please give me the answer for my resignation question.

    thanks

  • Anonomoua

    Hi Anil,,

    Thanks a lot for your answer and time you are spending is awesome.This is great help for the people really.

    Thanks
    Anonomous

  • You are welcome and all the best for your new endeavor.

  • Anonomous

    My TCS Onsite Development Center is in some where and i am locating in other location.

    Do i need to physically present in front oh HR for resignation formalities?

    How about the last day? do i have to present phycally?

    Do i have to sign on any docs? Shall i send all the signed docs online or courier.

    I am in Bench now. Could you please guide me the step by step process.

    Do i have to give 2 week notice period now? Since you have told that they will relieve me in one day?

    They are forcing me to go back india now? I quired salary now. i cant wait for 23 rd to resign. give me an idea

  • Hi Anonymous,

    1. No physical presence required with HR. Even your HR would not necessarily be at TCS office. Everything will happen over email.

    2. Yes, there will be a form that you will get by email, from HR. You have to sign, scan and e-email it back to HR.

    3. Yes, 2 weeks notice is normally what people at onsite give. This is to make sure they take care of the project, they are working-on, and manager gets time to find a replacement.

    In your case, you are on bench and hence a liability for company. If you resign, they will relieve you within 1 day as they don’t want to spend more money on you sitting idle. I have seen this happening with one of my friend and hence sharing the experience. Be prepared for it.

    4. Resign today and join next company tomorrow. Don’t worry about salary. You will get it.

    5. If you can’t wait, then why do you even care about salary then? Its not in your hands, they will process the salary whenever they want to.

    Does that answer your dilemma and help you?

  • anonomous

    Hi Anil,

    Again thanks a lot for answers in clear manner.

    No dilemma.

    I have one more last question to you. I have server 18 months at onsite on H1B. Do i need to pay any amount like 5 lak..?

    Shall i get the Experience and releiving letters hard copies to US address or india address?

    Or i will get only soft copies in mail?

    Thanks
    Anonomous

  • 1. For the 5K bond amount, read this:
    http://www.am22tech.com/leaving-tcs-onsite/#no-onsite-bond-now

    2. All documents will be sent by e-mail after FFS settlement.

  • Anonomous

    Thanks Anil.

    Shall i get the Skill letter as well in the same day.

    I have to download your attached skills letter template and i need to fill and send to my supervisor ..right? Once its signed by the supervisor. Do i need to scan and send to FFS team to print the same in TCS Letter Header or what, please elaborate on this?

    Once everything is done with me , i will present same in our portal so that everyone will aware of the process.

    Thanks
    Anonomous

  • Krishna

    Hi Anil,

    Thanks for posting very useful information.

    Can you please let me know whether unused onsite vacation days are encashed as part of full & final settlement or not? If yes, are they encashed on indian basis salary pro rate basis?

  • Yes, Un-cashed vacations are paid out in Full and Final settlements. Everything is paid put based on Indian Basic salary component (pro rate basis).

  • Krishna

    Hi Anil,
    If a TCS associate is released on the same day on which he submits his/her resignation, does TCS pay two weeks notice period US pay to the associate as the minimum two weeks notice is for both sides( Associate and Company)?

  • Hi Krishna,
    I think you are taking it too far. When you are resigning, you are doing it at your choice. How can a company pay you 2 weeks pay for your choice of resignation?

    TCS is only bound to give you air tickets back to India and that too if you decide to go back to India and serve notice period there. Nothing else.

  • Krishna

    Hi Anil,

    TCS expects an associate to serve a minimum of two weeks of notice when he/she resigns. Just wanted to check with you whether it is also true from the associate side(TCS paying two weeks of notice period pay) when TCS releases him immediately on the same day on which the associate resigns when there is no project dependency on him/her.

  • No, TCS will NOT pay for 2 weeks of notice period.

  • Krishna

    Thanks Anil for the response.

  • disqus_fINQCjIQql

    Hi Anil,

    I’m about to resign from TCS. Can you please tell me if I resign before 10th of the month then my salary will be credited or not for the number of days I worked in this month.

    Thanks

  • Hi Guest,
    Your salary would most probably NOT be credited, if you resign and your last days falls before 10th.
    You will get it in Full and Final settlement.

  • Sid

    Hi Anil,

    How long does it take for them to share the Full and Final Statement ? My last working day was Feb 6th.

  • Normally, you would get it in email withing a month.
    You can also check the TCS alumni website. Link is given in above article.

    If they have already generated the settlement for you, you will find it there and can download too.

  • disqus_fINQCjIQql

    Hi Anil,

    I have a claim pending in Ultimatix with US Finance Team. Suppose if I resign now, will I get that claim amount?
    Do you have any idea about it?

    Thanks,
    Kratik

  • I have no idea about it.
    But, they won’t do dirty tricks. If your claim is approved by your manager, you would get the amount. Its a big company.

  • Rajan

    Hi Anil,

    I am on L1 Visa & going to put my papers in. Any idea if they force me to serve 3 months notice as mentioned in deputation letter, how can I save myself from that? I can max go for a month notice.

  • Hi Rajan,
    They can’t force you even for a single day. Every notice period is buyable.
    If you give 30 days notice, they will charge you 60 days of Indian basic pay. Thats it.

    Normally, when people resigning at onsite only give 2 weeks of notice.

  • Rajan

    Hi Anil,

    Thanks for your quick response. Have you heard any recent report on bond breakage payment? I tried to look for someone but couldn’t figure out anyone, who has resigned from TCS US onsite in the recent past.
    Per agreement what they have mentioned, appears to be a major amount e.g visa cost, travel cost, training cost.

    Thanks,

  • As per the latest update, they are not asking for bond amount now.
    Read the end of article above. I posted the update in Nov 2014.

  • Rajan

    Do you know anyone who has resigned on L1B, As I will have to go back to India so can I expect them to pay the return travel fare or Do I need to arrange this my own.

  • Why would TCS pay for your return travel if you resign? They are only responsible to send you back to India.

    Did I understand your question correctly?

  • rajan

    I guess there is confusion.. I am not going to stay in US. As I am on L1b so right after resignation next day have to fly back india because my visa will be invalid. In that case will tcs pay my and dependents travel fare to india?. Thanks

  • Your visa remains valid until the company withdraws it.
    They will pay for you and your family travel to India.

  • Avid Reader of this blog…

    Hi Anil,

    You putting up this blog online is of great help to the people like me who are resigning from onsite in TCS.

    I am also in the same boat as I have resigned from onsite although I am not in the US. I gave 2 weeks of notice and the project agreed to release me without any issues on the date I specified. However, the HR is asking me to report back to my base branch and then perform my Exit formalities from there. I want to know whether it is the same case for US based or other European/Asian countries also. Are the employees asked to go back to their base branch for exit formalities.

    I am having hard time with the HR on this and they are not willing to release me from onsite. It is not possible for me to go back to my base branch and I am not concerned about Bond money and Notice Period shortfall. But have you gone through the same thing or the HR is not co-operating here. I am sticking to my point that I cannot report to base branch and the HR is adamant on the stance that I have to report. What kind of problem would it cause if i do not report to the base branch.
    Any help will be appreciated.

    Thanks,
    An Avid follower of this blog 🙂

  • I dont think that there could be any problem if you dont report to base branch.
    In US too, HR would ask you to report to base branch and then serve notice n exit formatilites. But, nobody does that.

    Once u leave the company, all the formalities would be completed online via email or phone communication. If you settle all the amounts, they are bound to issue all the experience letters.

  • An Avid Reader if this Blog

    Thanks for clarifying this.
    I can now have some peace. The project is fine with my release but the HR is making a huge fuss.
    Anyhow I will go with my plans.

    Thanks Again.

  • You are welcome an ‘Avid reader’ 🙂

  • Anamous

    Dear Anil,

    Good Morning, I am speaking with you after month. How are you?

    I need some clarification on “Absonding” in TCS.

    How do we know about one person is absconded from the TCS or not? After absconding, what are the access restrictions for the employee?

    Whether we will get salary after absconding? Before absconding any body like HR will inform the employee in TCS at onsite?

    After absconding whether we will get usual mails from the company?

    Could you please clarify me on the above points, these are common to all the people in the site.

    Thanks a lot for your time on this.

    Thanks

    Anomous

  • Hi Anonymous,
    I have no experience with the ‘Absconding’ scenario. Never heard any either.

    But, you would certainly be NOT allowed to enter premises and have your access blocked.

    ‘Absconding’ means that the company is NOT able to trace/track or contact you. How do you expect the HR to contact you then?

    I think all your access will be blocked including emails.
    Absconding is the extreme step that a company takes when they are not able to find you in any way.

  • Anamous

    Thanks Anil for the reply.

  • DJ

    They run on 16th of Every month. If you resign before that, may be you don’t get it.

  • Siyad

    Its more than a month now. I have not received any FFS till now. Could you please let me know if you have any mails I can contact them ?

  • Did you check on TCS Alumni website? They would upload it there too. (Link to website is given in above article).

    On the other hand, you can send an email to retirals.settlements@tcs.com

  • Madhu

    Hi Anil,

    I have question on my ADP pay for the Feb 2015.
    I resigned(Last working day) TCS on Feb 16th 2015 and payroll freeze date is 17th.Due to that I did not receive salary for those days which I worked in Feb Month.I thought it will come along with the Final settlement.
    Yesterday I got my Final settlement ,but I don’t see any details/amount about my last month pay and also ADP pay statement is not generated for the Feb 2015 month.

    Can you please advice me whom to contact and will that amount should reflect in Final settlement?

  • Hi Madhu,

    You should reply back to the same email ID that sent you the final settlement document.
    Corporate team creates the settlement letter and would pay you the last month’s salary as well, if it was not paid.

    You will also find the email ID and office contact number of the person who created the letter for you in the email itself. You can call them directly too.

  • Jay

    Did you pay any amount other then shortfall of 90 days notice period?

  • In my case, the shortfall in notice days as well as the bond amount was waived off.
    Both are negotiable.

    There is no other amount that they charge.

  • Sumit

    Hi,

    Please let me know F&F is going to be completed before the last working day? And what documents they will issue on final day relieving or experience certificate.

    What if they ask to pay the bond amount? I saw your comment they are not asking these days but any explanations which can be given if they come up with that.

  • Hi SUMIT,

    1. F&F will be done later and after your last day. It can take a month or more than that too. It depends on how you talk to them when they contact you.

    2. They will issue an experience certificate once the F&F is completed. I have mentioned the documents you can expect in above article.

    3. I have mentioned the reasons that I gave for negotiating bond amount in above article. You can also use the same.

    Let me know if you need more information.

  • Krishna

    Hi Anil,
    My last day with TCS was 8th Dec, 2014 and my H1B transfer documents were received by USCIS on 9th Dec, 2014. There was a delay from my employer to send the documents to USCIS as they were waiting on the client letter. My H1B transfer case was approved by USCIS and my new h1b petition is valid till 14th Dec, 2017. Can you please let me know whether my last day with TCS 8th Dec which is a day before the h1b transfer documents receipt date (9th Dec) create any problem for my future extensions or PERM approval?

  • I don’t think it would make any difference for future extensions.
    You have not violated any rule.

    Please do remember that your H1B visa does not get cancelled on your last day. TCS files for H1b withdrawal after your last day.
    And yes, your receipt date is 9th. So, you are good. No need to worry.

  • Avid Reader

    Hi Anil,

    I have resigned and informed about my resignation to my supervisor and onsite HR. The HR asked me to complete my exit formalities in India. I told them that i can’t report back to my base branch. But they were insisting so i said i will deal with it later. I was issued a ticket to India but didn’t use it.

    Now the onsite HR and the branch HR are sending me emails, asking me to report to base branch to complete exit formalities. And they are saying that my resignation email was an intimation and they haven’t finalized my clearance even after serving 2 weeks notice. Also the HR is threatening about legal actions.

    How should i go about this situation.

    Thanks.

  • Krishna

    Thank you for your response Anil.

    My joining date with current employer is 16th Dec, 2014 and I was with no pay/no work from 9th Dec 2014 to 15th Dec 2014 as TCS relieved me on the same day of the resignation(8th Dec) unexpectedly . Does the one week gap from 9th Dec to 15th Dec create any status issues or other kind of problems? Kindly clarify.

  • Hi Avid reader,
    1. Email is a formal intimation of your resignation and it is legally valid.
    Since, you can’t yourself do any clearance, it was not in your hands.

    2. Please note that even if they initiate legal proceedings, they can only ask for 3 months of BASIC pay. Thats it.
    You are not a bonded labor. You can leave anytime anywhere.

    3. Which country are you in? I have never heard of this kind of HR behavior except in India.

  • Krishna

    Hi Anil,
    Can you kindly respond about whether the gap of a week from 9th Dec to 15th Dec create any issue?

  • Hi Krishna,
    As per my opinion, there is no issue for this small gap. Normally (there is no written rule for this though), 60 days of gap time is considered okay.

  • Krishna

    Thank you Anil

  • DJ

    Done!!

  • DJ

    If u too need a agreement copy give me u r Mail ID

  • TCSUS1

    Hey Anil,

    I appreciate the effort you have put on this blog.It helped a lot like me to get clarity on procedures.Thanks a lot for your effort man. I thank everybody who shared their experiences.

  • You are welcome. I am glad it helped you.

  • freestar

    Dear DJ,

    Can you please share the agreement copy with me on

    freestar_2015@yahoo.com

    Thanks a lot.

  • Krishna

    Hi All,
    Could any of you please let me know possible skills set information for a .NET senior developer role than can be used to fill in the TCS skill set template? I can prepare one on my own but looking for something through which I can get quicker approvalissuance of skills certificate from TCS. I need this information as soon as possible so that I can get required approvals from my PL. Thanking you.

  • Sorry Krishna,
    I have no such list for any technology.

    There is no such criteria either from TCS for faster approval. The only thing that will help you get faster approval is the technology that you have really worked on and your manager there knows that you worked on it. Manager just has to say ‘yes’ to whatever you write in the letter and he would off-course have no issues, if you write what you really did.

  • sunil

    Hey anil,
    great blog. very useful. fantastic that you put together all of this. I have a question regarding pay. Incase i send my notice on 16th or 17th of this month, when would i get the pay for this month?
    Would it be with the final settlement or would I get during the usual pay cycle?

  • Hi Sunil,
    I am not 100% sure about the payroll run date. As per my opinion, it is 10th of every month and if you resign after 10th anytime, you would get paid for that month in the normal pay cycle.
    But, some people have experienced other things as you can read in the comments below.

    In case it is not processed in normal cycle, you would get it in F&F settlement.

    So, plan accordingly.

  • blogger

    Hi Anil, do they compensate onsite (USA) vacation days in us dollars? If not, can I use my vacation after providing resignation

  • No. They do not compensate for US holidays as per my experience.
    Also, you can’t take holidays in your notice period I.e. after resignation.

    If you are on a project, they will expect you to do knowledge transfer in notice period. If you are on bench when you resign, they will release you within 1 day I.e. your resignation day would become your last day.

  • AM

    Hi Anil,

    In the contract between TCS & my client, there is a clause stating that I cannot join the client in the same location. But if it is advertised for a different location then the candidate can join. So with respect to TCS & my client I can join the client as my client is shifting to a new location.

    But according to the service agreement between TCS & Myself I cannot join the client for 2 years.

    Please let me know what will happen if I break the service agreement.

    I am the only person that is working for the client from TCS. Please suggest what needs to be done.

  • Hi AM,
    It must be written in the service agreement itself about what TCS can do if you join the client within 2 years of leaving them.
    I can’t comment on what they can do. They can either negotiate with you or file a case in court, if they decide to go that way.

  • Yogi

    Whom to contact for F&F settlement. Its been almost a week and I haven’t heard from anyone regarding settlement.

  • Normally, they would send you an email to start the process within a month of leaving.
    But, you can certainly reach out to them at email ID:
    corporate.ffs@tcs.com

  • Preena Nigil

    What is the minimum no. of months required by TCS to stay in US under H1B visa?

  • There is no such criteria. You can leave anytime.

  • Preena Nigil

    Thankyou! That was really helpful. Especially your blog.

  • You are welcome Preena.

  • Its me

    Hi Anil,

    I am on H1B with and planning to change.My Client is ready to hire me and they are telling there is no such contract that will stop from joining the client. Will TCS allow me to join the client.
    Thanks,

  • You can join your client with no issues if there is no such contract. Anyway, big companies do not fight with the client on jumping of 1 employee. They want to maintain the relationships and this is just normal for them. There are people who join the client, when they get an offer.

  • Its me

    Thanks It was Helpful!!!

  • You are welcome.

  • Annonymous

    Hi Anil,
    I am planning to resign at onsite in USA, i have completed 2 and half months here and have filed for H1B trasnfer, can you please let me know if there is any issue if i resign in first 3 months at onsite. my visa transfer and notice period will take another month or so.

  • I don’t see any issues.

  • Annonymous

    I just wanted to know that will the clause of $10000k would be applicable on cases who exit TCS in first 3 months or do u have any infomration regarding it. And if it is possible that manager might not initiate the seperation or do any sort of escalation which would become hurdle in FFS.

  • The clause of $10K is applicable irrespective of the time you have spent with TCS at onsite. Be it 1 day or 5 years.
    I have heard that they are not charging this $10k bond these days (read the update in above article).

    Manager will do whatever he has to do. You can’t control it. He can’t forcibly stop you or deny to start the separation process.

  • Annonymous

    Thanks Anil for the information

  • Krishna

    Hi Anil,

    Thanks for sharing this valuable information.

    I resigned TCS on 15th May i.e. a week before. I got my H1B transferred to Client which I was working for being in TCS and joined them on 18th. After doing a lot of follow up with local HR, I got an email from separation team, New Delhi about paying around 42k INR (amount for remaining 78 days as I gave 11 days notice) for not serving 90 days period.

    They didn’t adjust my earned leaves in the settlement. When I asked, they said it is not a final settlement and I will get another email from Corporate office about full and final settlement in 30-45 days. What am I supposed to do now? I don’t want to pay them 42k INR without adjusting my 30 earned leaves.

    Also, I didn’t get salary for this month. I’m assuming they will adjust that in FFS. Separation Team has sent a checklist in which one of the questions they asked is about Onsite Agreement Breach. I am afraid that they will adjust my salary in 10k dollars and will still ask for remaining money 🙁 .

  • Yes, the corporate team will finalize everything including your notice pay period shortfall. So, you should wait for their calculation.
    I have heard that they are not asking for $10K bond these days but even if they ask, you can negotiate.
    Don’t worry. Everything will be fine….you have already jumped…so no need to take any tension.

  • Vikram

    Hi Anil,

    Thanks for detailed explanation on this subject. Could you please suggest when to resign at Onsite (USA) ? if i have to give two weeks notice period then i have to resign on 16th or shall i wait once the salary is deposited in my account on 23rd. i need your opinion on this.

  • Hi Vikram,
    In my case, the resignation date was 5th sept and last day was 30th sept. I still got the salary credited on 23rd sept.
    Does this information help you make a decision?

  • Vikram

    Thanks Anil for prompt response and the information, sir when did you resign?

  • I gave the dates…I don’t think the year matters.

  • Guest

    TCS will not provide letter if you change the format IMHO, corporate ffs mentions this in email.

  • Yes, that’s correct.

  • Anonymous

    Thank you Anil! for sharing your experience here and patiently guiding others.
    I got the skill letter finally today, your blog was helpful.

    Here is my story.
    When I quit TCS I gave 15 days notice, gave good KT and left with positive note.
    Settled the dues with ffs team. After 6 months when my new employer initiated my GC process I contacted corporateffs, they provided me template. I updated with my actual work and skills and got it reviewed by my attorney and contacted my supervisor. My Engagement manager approved and after 5 days I got my skill letter. Overall it took me 28 days to have the letter in my email. It takes time but worth trying.

    Thank you.

  • Thanks for sharing your experience. I appreciate it.

  • Anonymous

    Which TCS address should we provide for verification to USCIS during the GC process? I am from Hyderabad branch but the service and skill letters I received have different address at the bottom of the letter. thanks in advance.

  • You can write any address. It does not matter. Even if USCIS tries to check your credentials with TCS, they would use your employee ID and any TCS office can provide the information.
    I used the Mumbai corporate office address though.

  • Anonymous

    thanks again Anil

  • You are welcome.

  • anonymous

    The plot is missing…Did you paid $10K?

  • Nope, its not missing. If you have read the article, you would know that I did not pay $10k.

  • anonymous

    My question was for who is telling his story in above post and who recently got service letter in 28 days.

  • Anonymous

    Hi Anil,

    How are you doing? I have small doubt. I have resigned on April 20, 2015 and i have got relived in the same day from TCS onsite.

    I did not get the salary for 20 days in April month. But i have got salary on 29-May-2015. In my PAY slip i have seen component “LA ARREAR”

    What is this component? My settlement is not yet done. Where can i get grativity amount in indian account or usa account?

    Thanks
    Aninymoues

  • Anonymous

    Anonymous,

    If you dont mind could you please send me the skill letter template which is provided by tcs-ffs corporate. So that i can fill and get the same from my supervisor, i am in the same boat. Shall i share with my email id now?

    Dear Anil, Thanks for your support on this help and time. You are doing very great service to the people.

    Thanks
    Anonymous

  • It most probably is the amount that was not paid to you in April. Balances from earlier period are called ‘arrears’.
    Since, this was your USD salary, they have paid it to you in your US account.

    You will get gratuity and other settlement amount (if any) in your Indian bank account (in rupees).

  • The sample skill letter is available here:
    http://www.am22tech.com/sample-skill-letter-usa-green-card-labor-application/

    You can just copy and paste it in any word file. I don’t send any documents directly to any email-ID.

    NOTE: You can’t get it approved before you finish the settlement with TCS. Your supervisor has to keep the ‘FFS corporate’ guy in CC while approving your skill letter. Else, they won’t issue it to you.

    Let me know if you need more information.

  • Anonymous

    Thanks a lot Anil for clarification. I have some other queries now. I was the active employee of TCS till April 2015.
    Ajay Mukarje anounced one time bonus for the employees who are active at the time(16-April-2015) the message anouncement.

    As per the Ajay statement i have to get one time bonus for 9 years in tcs but in my FFS letter i did not see the one time bonus component.

    To whom i can ask the same bonus. Am i eligible for the one time bonus as per TCS polices. Could you please answer my question at the earliest.

    If i want to contact the same to whom i contact either base branch HR or FFS team.?

    Could you please ping me the FFS person(Mumbai) phone number.

    Thanks
    Anonymous

  • Hi,
    I have no information about the bonus declaration and its applicability for your case.
    You can connect with Corporate team at this email ID:
    corporate.ffs@tcs.com

    Let me know if you need more information.

  • Anonymous

    Sure .. Thanks a lot Anil.

    One more query: Do i have to fill and send the skills letter before getting Service and Relieving letter? Or i can get the skills later after service and relieving letters are issued?

    If i ask all the above 3 letters at the same time? I have got the FFS statement. But in that mail they have mentioned liqidity damage towards notice period amount Rs: 20000.

    Every interesting point is, the amount 20k is not mentioned in the FFS letter. This is mentioned only in email.

    Once i pay the above amount they said they will issues the letters. Is it really required to pay the above amount? Or i can bargain?
    For that to whom to i contact? 90 days notice period is not possible in US?

    Please advice i have to really pay this amount or not? I have served 9 years for the organization.

    Please answer all the questions, which will be useful for others i belive.

    Once again thanks a lot for your ultimate support on this

    Thanks
    Anonumous

  • Hi,
    1. You can ask for skill letter after you have finished the settlement. If you read the article above, I have mentioned that they issue the service and experience letter once the settlement is done on their own. Yo don’t need to ask for these.
    2. You can even wait to ask for Skill letter till the time your current company is ready to start your GC process. Normally, the Attorney would recommend the text/content of the skill letter which would be in conformance with the LCA and job description.
    It is your choice if you want to ask for all 3 at the same time or wait.
    3. You can negotiate. Nothing is non-negotiable in this world. You can reply to the same email or you can CALL the person who’s signature is in the mail. Generally, they have the common number of the corporate team in the email. You can call at that number to discuss your case. They will divert the call to the person who is handling it.
    4. I can’t comment on what would come out of your negotiation. But, I would advice you to settle/pay the amount (whatever it is after completing negotiation). It would help you procure all the original documents in a straight-forward way.

  • sunny

    Hi Anil,
    I sent resignation letter to my manager & hr today . After giving 2 weeks of notice , should I expect any document or confirmation of the last day of employment ?? Upon last day of employment , should I expect any other insurance ,etc. termination email/document or will the only set of termination letters ,etc, be once F&F is done??

  • HR will send you the documents to sign and they will take your exit interview too.

    Experience letter and service letter will be issued to you after F&F settlement.

  • sunny

    thanks for the info. HR has not contacted me yet and I am unable to reach the assigned HR via email/phone . Any next level of escalation ??Whom should I inform about the 2 weeks notice and my expected last day ?

  • Just confirm with your manager if he has initiated your separation process in ultimatix. If yes, then don’t worry. HR will contact you on your official email ID.

    If your manager has not yet started the process, then he may still be thinking of talking to you before he finally approves your separation.

    You have done your part by sending an email to both and you can yourself decide your last day. It would be good if you can mention the desired last day in the mail itself. That way, there would be no ambiguity.

  • Preethi

    Hi i have contactef corporate.ffs team But didnot get any response even after 3 business days.please let me know if there is any other way to contact them

  • Preethi

    Hi Anil,

    I had been working with Tcs from 2011 to 2012.I sent a mail to corporate.ffs for experience letter twice but I am getting only auto generated mail saying that they will respond in 3 business days. I need it for submitting my RFE documents to USCIS for my H1 visa.
    Please help me with this

  • Just write the mail again and say that it is urgent. It is a group I’d and someone e should respond.

    Also, write (in the email itself) that you want to escalate the matter since no one is responding.

    These emails go to their managers as well and they will escalate it.

    They should respond after the escalation.

  • Krishna

    I would like to confirm that TCS is no longer asking for $10k when resigning at onsite.

  • Preethi

    Thanks Anil !! I will do that.

  • Anonymous

    Hi Preethi, any luck after the escalation or any other method you found that worked. I am in the same situation myself – it has been more than 3 days and I haven’t heard back from them.

  • Anonymous

    Hi,

    Is 30-day-notice-period applicable for those who are on
    bench in India? If not applicable, then when would they relieve and carry out the
    last-day process? Within few days or after 30 days?

  • Hi,
    The notice period depends on the current situation. Normally, if you are on Bench, they would relieve you within a day or two.
    Last day process is completed on last day itself.

  • Anonymous

    Hi Anil, Your inputs have really helped me a lot so a big thank you for taking the time to share and keep the information updated. I can also confirm that the 5 Lac amount is no longer being asked for.

    I have one challenge though – the reason they are mentioning they will note is ‘Stopped Attending’ though I had resigned while at onsite and given a couple of days of notice. This was way back in time when Ultimatix was just getting started and we even didn’t have access to TCS email id while at customer site. So resignation email was from a personal id and I finally left the day I said would be my last day. I guess ‘Stopped Attending’ would not be a very favourable remark in the service letter. Any experience in that regard or anything you may have heard.

  • NEERAJ SINGH

    Hi Anil,

    Thank you for making such a nice platform where we can discuss about the thing on which we do not get much information while being in the organisation.

    I am at onsite from Jan 2015 and wanting to resign. I have a total experience of 3.8 years. I read in many of your comments that TCS has stopped asking for the $10K these days, but would the same be applicable for my case as well. Since I have not completed 10 months here and the advance money which TCS paid me while travelling onsite is also still not recovered completely by them. I have heard that for people who resigns in onsite before 10 months of coming onsite, TCS asks for that money.

    Also, if you could enlighten me about the fact that, if my manager can do anything like this to stop me from leaving.

    Thank you for your feedback.

    Cheers,
    Neeraj Singh

  • Thanks for sharing your experience.
    You can use your personal email that you had sent as a proof that you actually resigned as per the process.
    Even today, the employee does not use the Ultimatix to resign. They just send emails to their manager and then he starts the process in Ultimatix.

    I think they should have no issues accepting your ‘sent’ email as the valid proof of the date you resigned and hence followed the process. Your manager at the time of your leaving can vouch for you too, if he was well informed in advance and you did serve couple of days of notice.

  • 1. $10K bond was applicable irrespective of the time you spend with the company onsite. Be it 1 day or 10 years. Does not matter. But, they have stopped asking for it these days.
    2. You certainly will have to pay back the remaining advance if you resign before 10 months. They will adjust it in full and final settlement.
    3. Nobody can stop you from resigning or leaving the company. This is true for India and outside India. You are not a bonded labor. There are processes well defined if an employee wants to leave. You can resign and serve the notice period. In US, people also leave the same day they resign.

    If you are bench at onsite, company will itself release you in 1 day straight. Money counts.
    If you are in a project, then it is always a good professional behavior to give at-least 2 weeks notice period.

    Let me know if you need more information.

  • NEERAJ SINGH

    Hi Anil,

    Thank you for the quick update.

    Yes, the Advance amount and the FFS amount for the days of notice period I will not served I will have to pay and that is ok. Just was worried about the $10K thing. Thank you for clarifying this.

    I will give a 2 week notice for resigning mentioning my last day in my mail. So I think that will be sufficient. I see there is no way to initiate separation in the Ultimatix, only option I see is to write mail to manager copying HR. Do you know if something was there for the employee to initiate separation in the system itself.

    Thanks again.

    Cheers,
    Neeraj Singh

  • Nope, there is nothing in the system.
    You have to email your manager and he will initiate the process.

    Do not forget to keep HR in email CC.

  • NEERAJ SINGH

    Hi Anil,

    I have submitted my resignation. Will update you about the F&F.

    Let’s see how it comes. Thank you for your support.

    Cheers,
    Neeraj Singh

  • You are welcome Neeraj. All the best for your new endeavor.

  • Anonymous

    Many thanks Anil for your response. This information really helps.

  • You are welcome. I am glad it has helped you.

  • Asha

    Hi,

    Thanks Anil, this is very informative blog.

    I am also undergoing same situation where I am going to quit TCS from onsite and going back to India. Will this leave a bad mark on mycareer ?(My manager spoke like this). I am afraid if I go to India and try to resign ,whether they will ask for high compensation amount ?

    – Asha

  • Hi Asha,
    1. There is nothing like a bad mark. It’s all virtual and depends on what you think. Nobody is going to write it in your experience letter.
    2. Not sure why you want to resign at onsite and go back to India. Normally, people resign at onsite to join a new company at onsite itself.
    If you want to join another company in India, then it is better to resign in India itself.
    3. The high compensation is a factor that comes into effect only at onsite. These days, they have stopped asking for that also.
    In India, you are only bound to serve 3 months of notice or buy out the notice period with equivalent BASIC pay.
    Nobody can stop you from leaving the company legally if you pay basic and buy out.

  • Asha

    Thanks Anil.

    As I plan to go to another country after my marriage and join my spouse , I planned to quit from onsite. So that after going India I dont have to find time in these formalities.

    – Asha

  • NEERAJ SINGH

    Hi Sunny and Anil,

    The mail I have received from HR says to go back to India for resigning. I believe you also have got similar email after your separation was initiated. Kindly let me know how did you handled it.

    Thank you for your response.

    Thanks & Regards,
    Neeraj Singh

  • NEERAJ SINGH

    Hi Anil,

    The mail I have received from HR says to go back to India for resigning. I believe you also have got similar email after your separation was initiated. Kindly let me know how did you handled it.

    Thank you for your response.

    Thanks & Regards,

    Neeraj Singh

  • NEERAJ SINGH

    Hi Anonymous,

    The mail I have received from HR says to go back to India for resigning. I believe you also have got similar email after your separation was initiated. Kindly let me know how did you handled it.

    Thank you for your response.

    Thanks & Regards,

    Neeraj Singh

  • That’s ok. it is a normal process as the company who sponsored your visa to bring you to USA is responsible to send you back too.
    You can gracefully deny to go back and they will be okay with it.

    In-fact, HR would also send you another document which would need your signature and say that you are agreeing to resigning in USA and won’t demand the travel tickets back to India in future.

  • Ok. All the best. I hope I was able to answer your questions.

  • Hi Neeraj,
    I have answered your query about this question in one of your other comment.

    Let me know if you need more information.

  • NEERAJ SINGH

    Hi Anil,

    Thank you for the quick response. Yes, I have got a document which I need to sign for this. There I need to mention why I am not going to India for completing this process. What exactly you suggest to write there (lame question 🙂 ). Hope you answer this.

    Also, as you have already mentioned about the 90 days Notice Period, I haven’t received by now the Full ad Final Settlement amount. By when do they send that?
    I am just hoping that they just account for the days not served and not that $10K thing.

    Thank you for your feedback.

    Regards,
    Neeraj Singh

  • Hi Neeraj,

    1. You can just write ‘Personal’ in the reason section. It is just a formality and nobody is going to question you on this.

    2. Normally, the F&F doc is sent within a month of your last last. But, some people have received it with delay of even 3-4 months. It depends on their workload.

    You can register on the TCS alumni website and keep checking it for the F&F doc there. Sometimes, they generate the doc but it is not mailed to you or email gets lost. If they have already generated it, you will find it on Alumni website under your account.

    But, if you want to get it done quickly, you can always start an email thread on corporate.ffs@tcs.com and ask for your F&F settlement. They are sluggish there too but will respond!

  • Amit

    Hi Anil,

    Just came across this awesome website of yours and read these questions. I think these are for US only.

    I’m working in Australia and I want to switch to another company but they had signed me 3 months notice period offshore same like us but 30000$ bond if I break the notice-period.

    Do you think I can resign here with 2 weeks notice period and won’t have to pay much. I had leaves 45+ in india.

    Or do you think they will ask me to pay hefty $30k.

    I read – one of your comments was not to ruin the relationship and give the knowledge transfer in the right manner.

    If they are replacing me with someone at onsite, will I still need to give Knowledge transfer? to whom?

    Thanks Amit

  • Hi Amit,
    1. The $30000 bond is same as US $10000 bond. These days, they are not asking for it in US even if one signed it before coming onsite.
    Not sure if this is the case with other countries too. But, it should be.

    2. 2 weeks notice period is a standard in IT companies, at-least in USA. It only means that you are giving sufficient time to your company to find a replacement for you. You will give KT to your replacement in the project.
    This way, the chances of your manger getting offended are pretty less.

  • Ananymous

    Hi Krishna,

    Does your manager know that you are joining the same client?
    Did he told about non compete agreement and scared you that he will put some legal action?
    I am in the same boat so asking. Can you please help.

  • Ananymous

    Hi Anil,

    I have told my manager that i will be joining the same client.
    He’s scaring me that he will take legal action against me.
    Will the agreement what we sign in India will be valid in US?
    I heard It won’t be valid especially in California State and we have at will employment in California.

    Need suggestion regarding this

  • The agreement your manager is talking about must be the one between TCS and the client. It says that a TCS contractor cannot join the client within 6 months (could be more too) of leaving TCS.
    This agreement is perfectly legally valid in US. It is signed to make sure there is no vast scale of employee jumping between contracting companies and clients.

    The one that you signed in India was a deputation agreement. TCS can only enforce it in India and not in USA. This agreement only keeps your liability limited to USD 10000 + your 90 days notice period. You can simply leave the job and walk away if you settle these amounts. These days, they have even stopped enforcing the $10k bond.

    As a normal behavior, if the client is absorbing a TCS contractor/employee, TCS does not question or challenges it in court. You will certainly not be the first one to do so. I have seen many of them jumping for better salary and prospects. If they really take the client to court over your jumping, they stand a chance to spoil the relationship with the client and might lose other project and billing positions. Do you think they will take this path?

    To be on a safer side, you have to confirm this from your client HR. They would already know about the agreement between TCS and them. Also, if they are ready to take you in as employee, you are probably not the first one. They would have done it before and hence your client perfectly understands the legal aspects of this jump. Keep your client in confidence and make sure that they DON’T fire you if TCS makes an issue out of it.

    If Client is with you, there can be nothing done against you.

  • Ananymous

    Thanks so much Anil.
    FYI and it may help since most of ppl will be asking you.
    Many of my friends have joined other companies recently and they are not asking for 10k$ bond. Instead the basic pay of Indian salary for notice period which they have not served and all will be settled within 45-60days. If you pay the amount.
    I will update you on mine so that help others.

  • Yes, that’s correct.

  • TheBigFish

    Hi Anil,

    I have been on bench for around one and a half months now.
    While on bench, I got an offer from a different consultant to work with a Fortune 500 client and I accepted the offer.
    At the same time, TCS has offered to move me to a different project.

    My new employer has already sent the transfer petition documents and was received by USCIS this morning.

    TCS has asked me to arrange and send documents so that they can file a petition for location and client change.

    I am contemplating on resigning today from TCS as the new client wants me to start with them from July 20th.
    – Considering that I am on bench, should I still give TCS a 2-week notice period?
    Even if I give a 2-week notice period, chances are that they may convert that to 1 day to not waste money on someone on bench.

    – If I resign today and TCS considers today as my last day with them then will my transfer petition be impacted as I may become out of status for 4-5 days?
    – If I wait for a few days and resign on Friday without giving them a notice period (Friday as last day) then will my final settlement and documentation (experience letter, etc.)be impacted?

    Kindly can you advise.

    Also, if possible, can you advise what to put on the resignation letter.

    Thanks,
    Sanjay

  • H bigFish,
    1. You can join and start working for the new company as soon as you have received the receipt number for transfer petition. In your case, you should have already got it by now.
    2. Yes, there are 99% chances that TCS will release you on the same day as you resign as you are on bench. I have seen this happening quite a lot.
    3. Your full n final settlement is not affected by anything. It would be done irrespective of you leavng in one day or two weeks.
    Full and final settlement is done after you have left and is coordinated by corporate team sitting Mumbai.
    Your last day formalities will be completed too with local HR.
    3. You don’t need to write anything fancy in resignation email. Just say that ‘ you would like to resign on such and such date’. That’s it. Keep your manager and HR in cc and email from TCS I’d.

    Let me know if you need more information.

  • SP

    Hi Anil,
    I am planning to leave TCS while i am on onsite deputation(H1b), i have currently completed around 2.5 yrs of onsite term. question for you

    1) My new employer has already filed for an transfer + extension (currently pending) while TCS is in process of extending my I-94 (inching towards visa expiry date). while leaving will this be a big issue from TCS end ? do i have shell out extra money ? will there be any legal issues ?

    2) Is there any concept of blacklisting if i resign from onsite ? what are my chances of re-hire or finding a fresh job in India if i wish to go back to India 5-10 yrs down the line.

    Thanks,

    SP

  • Hi SP,
    1. I have answered your first question in the above article. In short, they are not asking for $10k bond money these days and there are no legal issues.
    2. I have not heard of any sort of blacklisting. You can join back anytime if you can clear interview.
    Let me know if you need more information.

  • Soumen

    Hi Anil,

    I left TCS in US and done with my settlement process. Now when I ask them for Skill certificate they are asking to provide the reason for Skill certificate. Should I tell them for GC I need this or some other reason will help to get it?

    Thanks,
    Shyam

  • There is no other reason for procuring skill certificate other than GC process.
    They also know it and you should also not lie.

    Just be straightforward and say ‘ for GC’. That’s it and they will guide you with next steps.
    They do it everyday.

  • SP

    Firstly, Thanks Anil for your prompt response 🙂

    i think you misunderstood my question. i meant , if TCS invests in my H1b extension (which basically means I-94 extension) and while it’s pending with USCIS if i move out of TCS. will this pose any legal problem and can TCS reclaim the amount from my end.

    Thanks ,

    SP

  • They can’t legally ask you for the amount of money they spend on your visa extension. It is a big company and they do paper work while they perform full and final settlement. if they charge you for the visa money, you can certainly sue them. Hence, they would never do it.

    There is no legal problem in filing multiple h1b extension or transfer requests.

  • Soumen

    Thanks Anil.

  • SP

    Thanks Anil for your inputs .. it was really helpful …

  • You are welcome.

  • Chess

    Hi Anil,

    I have received an approval for this year’s H1b which will be active from 1st Oct. I can give TCS, 2 months notice. But I am worried that they may ask me to go back to India before Oct 1. Should I give them 2 months notice, or wait and later give only one month’s notice ? Have you heard of any similar cases ?

  • Which visa are you on, currently in USA? I am assuming it is L1.
    You anyway need a visa transfer to join another company. Then you can pretty much start working for the new company anytime after you get the receipt number. Your TCS’s H1B does not matter in that case.

    if you resign now without a H1 transfer, how will you make sure that you get a job offer and transfer before Oct 1st?
    Does that answer your question?

  • Chess

    Yup currently on L1. L1 to H1 COS filed for 2016 Cap. Got approved but will be active only from Oct 1. So I am thinking now, should I give them 2 months notice and risk them sending me back to India or should I just give them 1 months notice so that they dont have as much time to send me back ?

  • I would never resign before getting a job offer and the H1 transfer receipt number. This would be too risky.
    Also, the notion of serving 2 months notice at onsite is vague and virtual. Your fears are probably right that the company would try to move you back to India. And if you don’t have any offer in your hand, you will find it pretty difficult to stop them.

    Don’t worry about the notice period pay-out. It’s not a big amount and certainly not worth taking this risk.

  • Chess

    Thanks Anil.. That does help…

  • Srini

    Hi Anil,

    I am really glad that I could find this blog. I have a weird situation in hand right now. I hope you would be able to help me in this regard. Many thanks in advance.

    I have 3.5 experience in TCS(1st company). I have traveled to US thru TCS on a H1B visa at the start of this month(July). My Visa Expiry Date is 01-Oct-2015. I have applied for the extension of my visa as well. I have secured a central govt job(Central Excise Inspector) through SSC CGL, which I have written long back and had been awaiting the results. The offer letter and the exact joining date are yet to be confirmed by Central Board of Excise and Customs. The joining could happen in October. I seriously want to go for that government job as it holds for lifetime and gets me around 55000(take home) after 7th pay commission and also because my mother is in India and I dont want to settle in US as I cannot take her permanently. If I want to resign at Onsite, which way would you want me to prefer?

    1. Resign and give them a 15 day notice period, complete the final settlement(whatever needs to be paid after deducting the leave balance) and come to india on my own expense.
    2. Resign and give them a 15 day notice period. When they ask me to return to India for resigning, come back to India on their expense and pay the basic pay of (90- noticeserved) days, there by limiting the damage of paying any amount at all..

    Please let me know if you have any suggestions or a new way

  • If you do not want to stay at onsite, there is no need to resign at onsite. It does not make sense to me.

    If they ask you to stay forcibly since they have spent money on your visa, then you can resign and come back on their ticket.

    Otherwise, just come back to India and resign. The notice period in India is also buyable.

    Whatever shortfall you have in the notice period, you can pay the equivalent BASIC pay and walk away.
    Also, the chances of waving off the notice period shortfall alamount are high if you resign in India.

  • Srini

    Thanks for the reply. But which reason can I say to return to India in that case? (lame question.. But please suggest) Even after returning to India, I heard that I cannot resign before 3 months after the arrival, cool off period?
    Also I have been thinking to serve the notice period over there as US salary will be given during the notice period.. And they consider Indian basic pay for the purpose of deductions.. So, the balance would cover my flight charges as well and I believe I could get something..

  • Hi Srini,

    It depends on what you really want to do. Nobody can forcibly stop you from leaving the company. You can just pay the basic pay for the shortfall in notice period and move away.
    I cannot guess about what will happen if you resign at onsite. They might ask you go to go back within 1 day or 2 weeks or 2 months. It is all speculation. Take your decision and stick with it.

  • hakuna matata

    Hi Anil,

    I am on a bench in US but recently got the new project for which they ask to start H1B amendment process. Meanwhile I got the new offer from other employer who already filed h1 transfer and started premium processing just now as it was suspended till mid july. They asked to join in first week of August based on receipt which is fair enough as per the law.
    As I am not allocated to project right now and read reviews of other cases on this blog, if I put the resignation how long it takes for resignation acceptance ? Is it same day or 4-5 days ? If tcs files h1b amendment will that impact h1 transfer if I wait for result ?

    Thanks in advance!

  • If you resign while you are on bench, your chances of getting released within 1 day are pretty high. They won’t wait for 4-5 days, you are an expense for them that they want to get rid of immediately, unless you are billable.
    You can join the new company with no issues with the receipt number. Normally, you would get the result within a week.
    If you want, you can start the amendment process and resign when you get the transfer approval. The amendment process will not affect transfer. They are two different applications and does not have any impact on each other.

  • Vijay Rajput

    Hi Anil,

    I am frequent follower of your blog and info those are quite helpful.
    Can you please let me find a way out on following:
    I am a software Developer I do hold 5+ years of experience I have left previous company in Dec 2014 after which I have joined current one in March 2015. (2 months gap is because I suffered lower back issue.) But currently I am on bench since I have joined I got 2-3 internal client calls but somehow did not got selected. But since last month HR has been approaching me and insisting me to work for other technology such as Intershop, On-Demand where I do not want to change my career track of Java after having 5+ exp.

    I would have started searching outside but this organization has service agreement of one year. So I don’t want to abscond as it may damage my professional career in future. Also if all in all considered I have been doing nothing since past 7 months (if Productivity concerned). What should I do to get out of all this ?
    Please guide.

  • Hi Vijay,
    I am not exactly clear about your dilemma.
    If I was in your place, i would have immediately jumped on to get the NEW technology opportunity (like intershop etc.).

    I myself have changed technology almost every 2 years in my career. It depends on what you want to do with your career. Staying flexible has its benefits too.

    If you are scared of company firing you out of job, then i don’t think the bond will ever come into picture. It will be applicable only if you leave it.

  • Annonymous

    Hi,

    I have resigned from TCS at onsite. I wanted to know what is the process of separation, HR just asked my last date and other basic information.Instead of followups i haven’t heard anything from HR. Can you please let me know the formalities of the last day. What is to be expected and what are the important things to be done.

    Thanks in advance.

  • HR will send you the list of formalities to be completed.
    The main points are:
    1. Sign a declaration that you will not claim ticket to India after leaving the company.
    2. Declaration for COBRA – if you want TCS health insurance to continue. You will have to pay full amount though.
    3. Return ID cards and computer, if any.

    That’s it.

  • Rahul

    They sent one undertaking form in which they mentioned that they will cancel the work visa.Should I sign ?

  • Yes, you will have to sign it.
    They will send the work permit withdrawal request to USCIS once you leave.

  • Rahul

    I got only receipt number of second company ,visa transfer is still in progress. so is it fine to go ahead,can they revoke now?

  • Vijay Rajput

    Hi Anil,
    Thanks for the reply!!
    Worried about track change from Java to other technology as in future while searching new job what could I able to tell my profile? which is why I in dilemma and if I get fired that thought does not worry me that much but career pause of such 2 months, 6 months adds to concern list(In case they ask me leave and does not provide service letter).

  • They will revoke only after you have left the company i.e. after your last day. The declaration is just a formality.
    The reason being, they can’t run your payroll if they revoke immediately when you are still serving your notice period.

    Ideally, one should resign only after you have got the transfer approved. But, since you have already done it, there is no need to worry.

  • It does not matter if you change technology. You are thinking too much into it.
    What would you do if the company changes track and start working on new technologies? Technology in today’s time changes every 6 months.
    Yesterday was C, then C++, today Java, tomorrow, it will be something else.

    Again, it is up-to you and what you want to do with your career. I can just guide you. At the end of the day, if it is money that matters to you, you will make much more in lesser known technology than Java.

    On your next worry about getting fired, company will ask you to resign and not fire with bad comments. No company does that. They are all professional people and understand the consequences. What this means is that they will provide you with service letter even if they fire you (or ask you to resign).

    Does that answer your dilemma?

  • Anon

    Dear Anil,

    Thank you for your detailed post. I have a few questions I like to be answered by you.
    After paying the final settlement amount to FFS team in TCS in 2014, they shared a basic experience letter with start and end dates. Now, I require detailed experience letter with all skills and tools used while working in TCS for green card processing.
    1. How do I approach TCS HR for the same?
    2. Is there a email id that you can share?
    3. Also, can this be done through the alumni portal?
    4. How long will they take to give this document?

  • Hi Anon,
    1. Send an email to Corporate.FFS@tcs.com asking for skill letter.
    2. shared in point 1.
    3. Nope.
    4. It depends on how fast can you get your TCS manager’s approval. Corporate team issues the letter within 3-4 days after they receive the approval e-mail.
    I have mentioned the process here:
    http://www.am22tech.com/leaving-tcs-onsite/#experience-skill-letter-settlement-done

    Let me know if you need more information.

  • Anon

    Thank you, Anil. I have mailed them and shall update you once I hear from them.

  • Prem

    Hi Anil,

    Thanks for the answering the queries.
    I had a discussion with my manager couple of days ago. He want to send me back to offshore so that another person comes. They want me to ‘make people strong in offshore’ I told him that I feel comfort to continue from here and don’t want to work from India. I am making team balanced and strong from here as well. But they had already made a decision.

    I was performing really well and client appreciated my contribution many times. They want to bring other people so that they don’t leave TCS. I’m the most senior member of team and after me going, client wouldn’t be happy because there won’t be anything to fill in. That’s why they are scared as well and kind of negotiating with me that once I come back I’ll be given good long term opportunity to which I said I’m not sure about months later in future.

    I want to quit now and applying to new jobs. My question is if I don’t get job would it better to quit in India? Three months basic pay can be paid. Would there be anything extra. If I resign here, what harm my manager can do. Though he said at TCS we don’t believe in ruining relationship with people leaving and it’s not a good idea. But he wasn’t happy and quite angry when he failed to make me believe .

    I hope I get a job but bottom line is I don’t want to work in TCS , and would quit anyway. What would be the best for me.

    Thanks

  • Anonymous

    Hi Neeraj,

    I’m following your story.
    Please keep us updated as well.

    Thanks

  • Hi Prem,
    1. I am not sure about the visa requirements of Australia and if they allow you to stay in the country even without a job offer or a job. In USA, if you leave a company and have not next job, you have to leave the country.
    If your work permit stays active and it helps you search for a job even after leaving TCS there, there is no harm in doing that, instead of coming back to India.

    Remember, it would be pretty difficult to interview for companies based in Australia if you try to do it from India.

    2. Nobody can do anything if you want to leave the company. Manager’s job is to scare people and make them stay back. Its a professional relationship and big companies do not do anything non-sense.
    You can leave anytime by paying 3 months basic pay whether you are abroad or in India.

  • Columbus

    Hi Anil ,
    Great post …. Thanks .
    I was thinking if TCS would issue the skill letter later on .
    I wanted to get the skill letter once my new employer is ready to file the PERM so that the job requirements and experiences in the skill letter can match .
    Thanks .

  • Yes, you can get the skill letter later when you are ready.
    Remember, they just issue it once.

  • Rathan

    Hi Anil,

    Really nice post, thanks for sharing all the details.

    i have one question. i resigned TCS on June 12 th 2015. i have got some amount deposited today in my bank account. but no one has mailed me for any settlement details yet.
    normally how long would it take for settlement team to send these details on what i need to pay or otherways.

    I am worried more on the skill letter part. any idea you have on this?

    Thanks

  • Full and final settlement will be done after you have left TCS. They normally send the settlement details within a month after your last day with company.

    Sometimes they take more time toobut it certainly happens after you have left.

    What is your worry about skill letter?
    I have explained everything above. Please read through.

  • Raj

    Does these things apply to one who joins TCS at US ?

  • The bond of $10k is not for US hired person.
    All other things remain almost same.

    Do you have any specific question in mnd?

  • Canada

    Hi Anil,

    I am a similar situation in Canada. Can you please send me your US agreement if possible?
    I would like to see what clauses have been added and to compare with Canada

  • Unfortunately, I don’t have to he copy of agreement with me now.
    You would have got a copy while you signed it before coming onsite.

  • Annanymous

    Dear Anill,

    I have been reading your answers for last 3 months. You are helping people a lot really. This is very kind helping nature.

    Here i have one important question, could you please clarify my if its problem for my green card process?

    I was working employer ‘A’ in March 2015. And i have got H1B Job offer in employer ‘B’. ‘B’ started the H1B transfer process in March 15, 2015 in normal process.
    I got receipt on March 30, 2015. I did not resign for employer ‘A’ due to job security reason and join on April 1, 2015 in employer ‘B’ due to pressure. I got petition approved after 3 months on June 30, 2015.

    I have resigned for the employer ‘A’ on that day Jun 30, 2015. During April,May and June i have got the payslips in ‘A’ and ‘B’ as well. Experience overlapped.

    ‘B’ doesn’t know about my resignation at ‘A’. ‘B’ thought that i resigned when i joined with them. Now ‘B’ processing GC. They are asking experience letters from ‘A’.

    ‘A’ has issued the experience letter upto June 30, 2015. But 3 month before means on Apr 1, 2015, i have already joined in ,B,.Those 3 months are consisting the employement in ,A, and ‘B’. But legally i did not attend the ‘A’ the day when i joined in ‘B’. I applied leaves for ‘A’ during 3 months.But i have been paid from both ‘A’ and ‘B’ during 3 months simultaneously.

    1.Could you please let me know what can i do now for submitting experience letters from ‘A’ to ‘B’ for processing GC. Will i face any legal issues in the GC process. could you please give me better answer for the same.
    2. Shall tell the fact to ‘B’ and can i adjust the dates with ‘B’ experience letter? But i cant do any changes with ‘A’.
    3. Attorney is asking now to submit previous employer letter to process PERM/Labor Certification.

    I think you are the right person to answer the same.

    Thanks
    Anonymous

  • Hi Anonymous,
    Your case demands a professional advice from an attorney and I am not one. But, I would suggest as per my knowledge:
    1. You have essentially violated the H1B rules by working for 2 employers at same time. Your SSN already has this information since payroll was run on your name from two companies.
    2. You can;t hide it from either company since it is already in official records. Not sure if company B can hide it somehow or may be there is a rule which can exempt this kind of situation.
    3. You should disclose this to your attorney from company B and ask them to suggest a way out. This can certainly pose an issue with GC if you do not fix it.

    Another piece of advice that may or may not help:
    1. If you leave the country and re-enter, you would get a new i-94 and a fresh ADMISSION to USA.
    As per the H1B rules, the violation caused before this re-entry are NOT considered for future. This means that if you go out and re-enter to USA, this violation would be out of scope for your GC process.
    But, please do consult an attorney (talk to an independent one, if not your company’s attorney), before taking any steps based on above advice.

    Remember, I am not an expert and all of the above is just an advice based on what I have heard from reliable sources including internet.

  • SP

    Hello Anil,

    Thanks again for your wonderful post ..

    i resigned 2 days ago and has given them a little more than 2 weeks of notice period… i haven’t got any acceptance email of my resignation or any calls from HR yet .. .

    questions to you

    1) when can i get an acceptance over email or a HR call .. any rough estimate will do

    2) My manager wanted me to extend, which i turned down since i don’t have a bandwidth. so will it pose any problem during my full and final settlement ? (All communications were good and no alterations at all)

    Thanks,

    SP

  • 1. The acceptance depends on your manager and his proactive-ness. Generally, your manager would initiate the separation process in the internal portal and would confirm the last date of your service.
    2. 2 weeks is standard notice period in US. You should be okay if you have mentioned your desired last day in your resignation email. You can stick to your plan. Rest is dependent on HR and your manager to meet that date. You are fine.

  • SP

    Thanks Anil

  • Vikram

    Want to share with every one, As discussed with HR manager at (USA) Onsite today i came to know that payroll frozen in TCS is between 11-20 every month & so if you resign before 23rd your salary is not going to credit for that month and you have to wait till FFS…..

  • Hi Vikram,
    As far as I know, payroll for onsite is frozen on 10th of each month. If you resign after 10th, you will get your salary and any amount paid to you, if extra, would be adjusted in F&F.

  • SP

    Hello Anil,

    I have already signed “Undertaking of Release in the Host Country” but i am yet to receive release letter and service letter from my manager, inspite of repeated emails to my manager & HR .. i just have 5 more days to complete my notice period ..in such a situation , can you please suggest

    1) is there a way to escalate this case or should i be anyways worried about this ?

    2) if they don’t provide me release letter and service letter before the last day, what can possible happen and how can i counter ?

    Thanks ,

    SP

  • Hi SP,

    1. The service letter (or release letter) will NOT be provided to you before your last day. So, there is no need to panic.
    2. Once you have left the company, the corporate team will send you the full and final settlement letter with all details. You may or may nothave to pay an amount to settle it. They normally send it within 1 month of your last day, but can take longer too.
    If you have to pay anything, they will ask you to pay or if they have to pay it to you, they will deposit the amount in your bank account.

    Once this is settled, they will immediately send the experience letter and service letter on your email.

  • Siva

    hi Anil

    want to share my experience here, i resigned from TCS at onsite USA , I gave 2 weeks notice period which my BRM is saying its not acceptable and i need to serve 90 days as per agreement . if i leave in 2 weeks i will be marked as “Absconding” and i may not get the experience letter and Skill letter. Please let me know your suggestions. I am planning to file GC in my next company after a year

  • No, That’s not true. They can’t mark you as ‘Absconding’ if you follow the process.
    Agreements are made to keep everything in check and in process. They don’t mean that there is no ‘exit’ option for an employee.

    The simple ‘exit’ option for you here is to pay the ‘basic’ Indian pay for the shortfall in your notice period i.e. (90 days – 2 weeks) and walk away. This will indeed be done after you have left and they will send you a full and final settlement letter.

    It is manager’s job to hold on to employees and they only know to threaten, to get it done! That’s the irony.

    Don’t worry and be happy.

  • Siva

    Thanks for the quick reply. My last working day is Aug27 i have sent my request to HR and HR replied they can initiate the separation formalities in ultimatix only after BRM confirms. BRM is still saying he is not ready to release before 90 days as there is a money impact to TCS …. in this case even if i don’t complete formalities by Aug27th i can leave the company right ? And i should get the experience and FF settlement right ?

  • Yes, you can leave. Just make sure that you have sent your resignation email from your official email ID and kept HR in CC.
    You are all set to leave after 2 weeks. It is now your BRM’s responsibility to start the process in internal portal.

    If he is not agreeing, just talk to him and try to find a solution. There is always a mid-way and it is better to talk and negotiate. Nobody expects to serve more than 2 weeks in US. If he is, he is just expecting too much!

    I am asking you to talk, just to make sure you leave on a good note. Otherwise, they can’t stop you legally.

  • Siva

    Thanks Anil. After discussing a lot , BRM is very strict saying i need to serve 90 days otherwise he will enable the Abscond option in ultimatix ..can they really do that even after my 2 weeks notice period in TCS email to HR? i am thinking to leave as per notice period. hope it does not create any issue for me in future.

  • Haha….how can he prove that you are absconding if you resigned and have all the proofs on email?
    Send that email to your personal ID as well. They can’t do it man.

    Don’t worry, its not a small company who will do all this dubious things. People leave every day and they are all professionals. Theya re just threatening and would not do anything.
    They can’t stop your experience letter or service letter, come what may.

  • Suresh

    I resigned from TCS and yesterday was my last day.I have completed the separation formalities and got relieving letter too.But still I am able to access webmail and ultimatix..Please clarify when the access will be revoked?

    Note: I am joining with my new employer next week and scaring that if my account exists during BGC verification it will create problem.

  • I don’t understand why you are scared for what is, not in your control?
    Can you do something if your access has not been disabled?
    And why would your new company be interested in finding your last company’s access details?

    Don’t worry and join your new company. Nothing will happen.

  • Anonymous

    Hi Anil, I am planning to resign and my last date will be Sep 11th 2015.New company that I will be joining already started perm processing and requesting skill letter with in a week.

    Will TCS provide Skill letter before separation formalities are completed or will they give before the I leave the company if my manager approves it.

  • They will issue skill letter only after full and final settlement.
    And F&F will happen only when you have left and most probably within a month. There is no sure shot time frame for it but you can push them to do it as early as possible.

  • Anonymous

    Thank you Anil for the response

  • tcser

    Hi Anil. nice blog. is there any update on the bond ? still do we need to pay money for breaking the bond ?

  • NEERAJ SINGH

    Dear Anil,

    I got released on 17th of the month but still I didn’t got the salary on the 23rd for that month. I think it may depend upon your notice you give for resignation. Whatever it is, you can’t be 100% sure in case of TCS as they do different things in similar cases :).

  • NEERAJ SINGH

    Hi Anil and Anonymous,

    I resigned on July 17 and have got my FFS letter yesterday after 20 follow up emails :).

    In the FFS letter they sent me they didn’t asked for the Bond Money. They did all the settlement together like my salary and the advance given to me while travelling and the notice period shortfall and my earned leaves etc.

    I probably believe that after this they are not going to ask for anything else.

    I have cleared the amount and have asked for the following letters:

    1. Relieving Letter

    2. Full and Final Settlement confirmation letter

    3. Experience Letter

    4. Skill Letter

    Do you think it is fine or I am missing somthing?

    Thank you for your reply.

    Regards,

    Neeraj Singh

  • Hi Tcser,
    Not sure why this comment did not show up in my list but just found it and hence answering now.

    If you see an update mentioned at the end of above article on 4 Nov, 2014, I did receive credible information from many friends that they are not asking for the bond money these days.

  • When did you resign? If you had resigned on or before 10th, the chances of getting salary on 23rd are zero.

  • The list looks good to me. All the best.

  • NEERAJ SINGH

    Hi Anil,

    Yes you are right. I sent my resignation mail on July 2 and my last day was July 17.

    Basically, if you inform after 10th of the month for your resignation you may get the salary credited in the current month.

  • tcser

    Thanks for your reply anil 🙂 I really appreciate your articles, such a saviour for TCSsers like us
    i read that update, but i am just curious to know, if u got any recent update.
    It will be very helpful for us , if you could post an article on ..”choosing between a full time job and consultancy job, and which one is best” and suggest some good consultancies which process green cards if u know any.

  • I have not heard of any instance where they have asked for bond money recently. So, I am assuming they have stopped it.

    Regarding the full time and consultancy comparison, I will try to do an article, but it really depends on individual’s risk taking capabilities.

  • Vikram

    Hi Anil,

    how you doing?

    I am currently TCS employee and received RFE for my H1B Visa application, currently i am on L1 B visa. The last date to response on RFE is 20th septmeber but still my new employer is working on it. can you please let me know generally how many days it will take USCIS to respond on RFE inputs? also i am suspecting that i am not getting approval by 1st OCT so in this case i may get approval in mid of Oct/Nov then what will be status change date ? whether it is always 1st of every month or it may any date . please let me know your thoughts.

  • 1. Legally, USCIS is allowed to take 60 calendar days to respond on RFE (one you have submitted the response). They can take more or less time too but generally respond within 60 days. Plan by keeping 60 days in mind.
    2. The status change date should not matter until you actually join the company (with H1B) and start your payroll there. You will have to apply for status change once you decide to move to H1B status.

    I hope your L1 is not expiring before 1st October. Right?

  • vikram

    Thank you so much Anil for prompt response. My L1B visa is valid till aug’16 . suppose my H1 approved on mid of october then i can continue in TCS till the end of oct’15 and it is feasible for me to join my new employer & client on 1st Nov, there should not be issue? thanks in advance.

  • Yes, thats perfectly fine.

  • tcser

    Thank you very much anil 🙂

  • Anonymous

    Hi Anil,

    My last working day in TCS is Sep 11th 2015.Will TCS cancel my current H1B VIsa as of Sep 11th.
    I am asking this because new employer will be filling h1 transfer premium only sep 9th as there was a delay in getting client letter

    If TCS cancels my Visa on Sep 11th and if I don’t receive receipt number by sep 12 th they I may go out of status

    Thank you for your answer on this in Advance Anil

  • Yes, they will most probably send a revocation of h1b request immediately after your last day. This could range from 1-7 days. In my case, it happened immediately I.e. 2 nd day from my last day.

    It is always better to get receipt number or an approval before your last day.

    Getting a receipt number is pretty fast. You should send the application by FedEx next day delivery and its guaranteed to reach there by 10th and if you are lucky, you will get receipt number on 10th itself.

  • Naga

    No, they do not cancel this right away. They do take time, it usually happens only after a month after you leave tCS. You need not worry about your status.

  • Hi Naga,
    Thanks for sharing the information.

    It depends and it is not always a month. I know people who have got it the very next day.

  • Anonymous

    Hi Anil,I received an email from HR team asking me to fill documents relelated to Provident fund & personnel information along with cancelled cheque and india pan card copy and my new employer petition copy

    I have 2 questions

    1) why tcs is asking new employer petition copy

    2) can I send Bank of America cancelled or I need to send only indian bank cheque

    Also once I send this document whom I should follow up to complete my settlement process

  • 1. Never heard of TCS asking new employer petition copy. Just double check.
    2. Nope. I think they mention it clearly in the documents that it should be an Indian bank. And if possible, provide the details of the bank account where your Indian salary used to get credited.
    3. You have to follow up on the same email that has been sent to you.

  • Shariq Nadeem

    Hi All,

    I have a question a prompt response would be really appreciated. I left TCS at onsite about a month ago. A few days back, I got a call from the client manager ( from my last project ) and he wants me to join their company full time. No I want to know that what is the minimum amount of time that I cannot work for my last client as per TCS policy so that if I accept the offer, I do not get into any legal troubles with TCS.

    Regards,
    Shariq

  • Normally, the cool off time is 6 months. It can vary from client to client contact as well.
    But, if your client is ready to absorb you will all those contracts (if any) in place, I think you are all set.

  • Shariq Nadeem

    Thanks a lot Anil for the quick turnaround. Adding to what you mentioned above, is this period enforced by the client or by TCS? Also, where can I find the exact duration of the cool off period wrt to the client that I was working for? Would it be explicitly mentioned in the consent and other documents that I had signed before the start of my deputation?

  • 1. Normally, this time period is part of the agreement (contract) between TCS and the client. It says that they cannot hire anyone from TCS within the time frame. This is done to stop poaching of candidates by client or other vendors.
    2. Enforcement is a relative matter. Both TCS and the client are bound by it, by law. If the client is offering a position even when they know that the contractual terms are active, they are effectively breaching the contract. They would do this, only if they know that nothing is going to happen or they need the person badly and can take care of any consequences.

  • Shariq Nadeem

    Thanks.. I think that clears things a bit. What made be puzzled that my client has asked me to find out what the minimum period that I need cannot work for them full time, and now after your explanation I feel that he should be the one who knows about it and not me. I will discuss things accordingly with him. If there is any further confusion, I’ll bother you again. Appreciate your help with this.

  • You are welcome.

  • TT

    Hi Anil,

    Thank you for this wonderful blog. Its great to see this blog helping other TCS’er out. I have a few questions myself.

    I am seeking a change myself and my premium H1B transfer is in process. I have a planned vacation to india for a month after which i am planning to resign with a 3 weeks notice period.

    Below are my questions,
    1) Heard that the $10,000 bond is not being asked anymore from anyone, do you have any idea why it might be stopped. Why would TCS leave the opportunity of getting this huge sum of money.
    2) Is it the base salary on Indian salary slip that they are asking now as a compensation for not obeying the 90 days notice period.
    3)Any idea as to how long would a premium H1B transfer take to get approved. My process is due to start on 28th Sep 2015 and i plan to resign on 17th Dec 2015 on a 3 weeks notice.
    4) If there any rule that you or anyone might be aware which states that you cannot resign immediately after you are back from a month long vacation.
    5) If my H1B is not approved by the time i resign can i join my new employer on the receipt number i get by then.
    6) Since i am leaving the company will TCS provide me with the W4 for the current year and do i have to ask them to send me on my new mailing address since i wont be staying at my current location and my access to ultimatix and email will be revoked.
    7) My New employer plan to start my GC process in Feb. How long is the process of getting the skilled letter done from TCS HR. If there an email address that i use to connect with the HR on that process.

    Thank you so much for all your help

    Regards,
    TT

  • Hi TT,
    1. I have no idea why they have stopped asking for it.
    2. They ask for basic pay (Indian) for the notice period shortfall.
    3. H1B premium takes maximum of 15 days.
    4. There is no legal rule to stop you from resigning anytime.
    5. Yes, you can join on the receipt number. But, this can be risky, if your transfer gets rejected and you have already left the old company. Plan accordingly.
    6. I think you are talking about W2. They will provide you with all tax documentation (including salary stubs and W2) till your last day of service. They will upload it on TCS alumni portal (web address mentioned in above article) too. Also, they will take your personal email before you leave.
    7. Skill letter is given after you complete the full and final settlement with corporate HR. You can communicate on the email (that they send you) for F7F itself for this letter. F&F happens after you have left the company. You may or may not have to pay some dues.

    Let me know if you need more information.

  • Ananymous

    Hi Anil,

    Thanks for your blog. Its helping lot of people.
    Just to update my details.
    I joined the same client and my Manager knows it.
    After 2 months got a letter from full and final settlement team.
    They paid my US pending salary with leaves to US account and gratuity, Indian leaves to my Indian account.
    They asked to pay around 10k INR and I transferred.(They deducted 18kINR in my settlement)
    After 10 days I got my experience and relieving letter.
    I think the process is very smooth now a days. They didn’t ask anything to pay apart from notice period.(I have given 15 days of notice so asked me to pay the rest 59 days of Indian salary basic pay).

    I have few questions.

    1.Skill set Letter: Can I get this from TCS? I heard it should come from my previous supervisor and I am not in good terms with him. Is there any other workaround. I worked in other projects for 4 years can I get that from them.
    2. For PF will TCS team only will contact me or should I contact them regarding this.

  • 1. Yes, you can get it from TCS. You can get it from any supervisor for whole term. They just have to approve your request on email.

    2. You should have received the PF withdrawal form in the same email as you got the F&F statement. If not, just reach out on the same corporate email address ask for it. They will send you the forms. Read this:
    http://www.am22tech.com/leaving-tcs-onsite/#provident-fund-withdraw

  • vikram

    Hi Anil,

    Things are changing at personal level. i am on L1B visa and this is my 4th year in TCS@onsite. I have applied for the H1B visa through different employer and selected in the lottery, presently awaiting for RFE response from the USCIS. could you please suggest what are the different options are available for me if i want to continue In TCS for the remaining 2 years using my L1b visa. currently staying on I-94 extension and don’t want to go outside from US as if i have to for stamping before coming back and it may take time also , also not sure whether TCS will call me back for the same position. please suggest the options for me, appreciate your help.

  • PPP

    Hi Anil,
    Is it possible to see the Pension, Gratuity, and Superannuation amount on Ultimatix online?
    Also, whom did you contact to negotiation the notice period payout? – FFS?

    Thanks

  • I am not really sure about where you can find the details about your Pension, Gratuity and Superannuation. Please consult HR.
    Negotiation is done with FFS team. They will send you the FFS and you can either reply on the email or call them (they have the number mentioned in their email).

  • Hi Vikram,
    I am not clear about your question here. Can you please elaborate on what your confusion is and what you are trying to ask?

    If you are on i94 extension, then most probably, you will have to go out of USA for consular processing (if you don’t receive new i94 with H1B approval).
    Not sure why would you continue on L1B if you have approved H1B. Nobody can stop you from doing that but your new company would certainly pressurize you to join them, if they have spent money on H1B.

  • vikram

    Thanks Anil for quick response.
    I want to continue in the TCS even incase my H1b Visa approved through different employer so please suggest the options available for me. Thanks in advance.

    Q1. my new company has not spent the money, whether its possible for them to cancel the approved H1b Visa, currently it is not approved but pending for USCIS decision.?

    Q2. whether TCS can change my H1B visa to L1B visa , without traveling outside USA?

    Q3. shall i can transfer my approved H1b visa from my new employer to TCS, if yes please suggest the approx duration for the same. whether i can continue in the TCS when my H1b transfer is in progress?

    Q5. after H1b Approved, how many days i have in buffer to resign from TCS and join the new employer.

    Please provide your valuable feedback.

  • 1. Yes, they can get it cancelled. It does not matter if they pay or not, they hold the sponsorship to your H1B and can ask for its revocation anytime. Legally, they are not allowed to take money from candidate for filing the H1B visa.
    2. There is no change of visa from H1B to L1B. It is always a new application. It does not matter if you have your H1B approved. If TCS wants to extend your L1B, they have to apply for L1B extension.
    3. If TCS wants to use your H1B, they will have to apply for your H1B transfer. They can’t straightaway ‘change’ or use visa allocated to some other company. Remember, these visas are specific to the sponsoring company.
    4. You can continue in TCS even when your H1B transfer is in progress or even after it has been approved. You can even decide to stay with TCS (on L1B) and not join H1B company. There is no rule that you have to move to new company once their visa is approved.
    5. There is no buffer. You can take as much time as you want to join new company. Your existing Visa (L1B) does NOT get cancelled. So, you can take your time.

  • vikram

    Thanks a lot Anil for kind help. yours blog is always helpful for us.

  • Lalith

    Hi Anil,

    I left TCS 2 years back and now my present employer is filing GC. But they have asked for the skillset letter from TCS. I have only experience letter stating only my employment with TCS. While leaving TCS I did not get any skill set letter. Do you know how to get the skillset letter now?

    Thanks.

  • You should write to corporate.ffs@tcs.com and ask for skill letter.
    They would connect you to relevant team.

  • Lalith

    Thanks Anil. Will do.

  • Suba

    Yes

  • Suba

    Yes ..They are asking new employer petition copy..

  • AP

    After resigning how much time it takes for release date confirmation?

  • There is no fixed time. Your manager can even do it just a day before your last day.

  • Jinu

    Greeting Anil,

    My visa and I94 was till Sep 30th 2015, TCS has applied for my H1B extension and got the receipt and waiting for approval. I got selected for another company here and they are also going to do another premium H1B filing in parallel, Is there any problem in this because my I94 has expired and TCS already submitted for extension.

  • There is no problem as such.
    But, did you file for H1B transfer already?

    If your h1b with new company gets approved, you can move to it, but, most probably you will have to go for consular processing (means you will have to leave US and come back in again after new stamped visa).
    This is because your current i94 has expired.

  • Jinu

    H1B transfer is not filed yet, I have not provided all the documents yet to their attorney. If I have to leave US and come back again then its of pain. But when I spoke to the attorney person they didn’t say about leaving US and coming back, I will once again inquire with them. Thanks Anil, let me know if you have anymore information to provide.

  • Normally, new i94 is issued with the new approved H1B transfer itself if the old one is still valid.
    In your case there are two options:
    1. You get your TCS H1B extension approved before applying for H1B transfer. In this case, you will get new i94 and then one more new i94 if you apply for H1B transfer.
    2. If your TCS extension is NOT approved yet and you file for transfer, you will most probably, not get new i94. In this case, you will have to go out of country and come back again after getting visa stamped in your passport.

  • Jinu

    thanks Anil so much for the information.

  • You are welcome.

  • vikram

    Hi Anil,

    Q1. my future employer has submitted the RFE response on last week of september. please suggest shall i wait for the Approval or shall i start start searching jobs. As my case can be approved any time with in the 60 days after RFE response submission, please suggest?

    Q2. as discussed with employer today, he was telling you should not work for TCS once H1 is approved and i have to resign on immediate basis. is this true? as suggested by you i can wait as much as i want. little bit confused here. please let me know your thoughts. my plan is also to wait till approval before approaching new clients…?

  • Hi Vikram,

    1. I am not clear about what you mean by start searching for jobs? You can start or keep searching for jobs irrespective of your RFE response result or its processing.
    2. The new company will tell you what they want you to do!
    Why would they tell you that you can continue with your old (current) company even when the new one has the approved visa for you.
    They are here to make money and they are losing it each day, if you do not join them. You are a mere money making resource for them.

    Legally, you can stay back on your L1 as long as it is valid. There is no restriction for you to join the new company after H1b approval. You can even completely deny to join them.

  • TT

    Hi Anil,

    Thank you for your prompt reply i guess i will l require help once again

    I have updates from my last post

    I have a valid H1B Visa (i94) with my Employer till 23rd July 2016. I relocated from San Rafael, CA to Richmond VA in June 2015 and my employer filed a petition amendment apart from LCA(for new location) as per the new USCIS rules. I have a vacation planned from 16th Oct 2015 to 14th Nov 2015 and got an RFE Email asking for documentation just today i.e 12th Oct 2015.

    My Employer now states that i cannot travel to india with an RFE on the amended petition. They say that If i do go out of the country i will have to till the RFE is submitted and the approved petition is recieved. I do not understand why does this hold true if i have a valid US Visa. I feel they are just trying to frame me and want to cancel my vacation as they were not in for of approving it right from the start.( My proposed new employer has filed a Premium H1B Transfer on 5th Oct 2015 and i have not got an approval on it yet. I do have a valid reciept.)

    The Last date of submission of RFE as per the email is 27th Dec 2015 but they are asking all the documentation before 12th Nov 2015. I wanted to know if i can still travel and submit the documents on 15th Nov 2015 so my employer are able to submit my RFE.

    Would really appreciate your immediate help as i am due to fly to India on 15 Oct 2015

    Thanks,

    TT

  • Hi Taral,

    I think you are mixing two things here and I need to know answer to this;

    Have you filed for H1B amendment or H1B Transfer or Both?

    I am assuming that you have filed for H1B amendment and have got RFE on this amendment on 12 Oct.

    The safest option:
    Delay your travel if you can. You are right in the sense that you already have a valid visa to travel. But, the thing that you have already moved on to your new job location based on H1b amendment make things a bit tricky.

    You can certainly re-enter the country based on your current visa stamping and the chances of USCIS sending the update to Immigration department about your RFE status are least. But, there is a big BUT and you can never rely on it.

    Why am I saying this:
    The H1B amendment is basically applicable only if you are currently in USA. If you travel outside without the final approved petition, they may or may not allow you to re-enter unless the amendment is approved.

    Also, I have spoken to couple of my reliable friends (who know a lot about immigration) about your case, and they have also advised to avoid travel out of USA, if possible.

    You may want to consult an attorney for this specific situation.

  • TT

    Hi Anil,

    That is correct my current employer filed and amendment for relocation and my proposed new employer has filed a H1B Transfer (Premium Processing) 10 days complete on 13th Oct 2015. Also i do have an RFE on my Amendment and not update on the H1B Transfer

    Now, The last date of submission to USCIS for the RFE is 27th Dec and my returns date to the US from India is 14th Nov. If i do go out of US without submitting RFE documents and by the time i come my H1B Transfer is approved will i be able to come inside the US with the existing Visa and new Approved Petition for my new Employer. Because after i am back i dont plan to work for my current employer till 27th Dec anyways.

    Hope my i was able to explain my case well this time 🙂

    Thanks,
    TT

  • My name is Anil and I think you are trying to address me.

    You have added another twist to your story and making it complex.

    Although, I am not 100% sure, but if you plan to work on new H1b employer (after transfer), you will have to go for consular processing in India, if at all transfer is approved.

    In this case also, it is NOT at all advisable to travel outside USA as your transfer petition is pending.

    I would suggest you to consult an attorney and then take a decision.

  • TT

    Hi Anil,

    Sorry for the confusion, i meant to ask you that question for sure as i dont think so there is anyone else here who can even get close to answer my question 🙂

    Is there a way i can contact you directly rather than sending to and fro message.

    If you can share you email or contact i would really appreciate it.

    my email address is taraltelore1@gmail.com

    Thanks a lot

    TT

  • Hi, I do not share my contact number on public platform.

    You can send email at
    contact@am22tech.com

    Be aware that even after you h1b transfer approval, if your old employer does not withdraw the amendment petition, the new one (H1B transfer) can be moved to RFE too.
    It has happened with someone I know.

  • TT

    Hi Anil,

    Thank you so much for your help, i did check with the Attorney of my proposed new employer and he gave me a go ahead since i already have a Valid Visa / i 94 and Approved Petition ( Previous Petition) . He said that when the H1B Transfer (Applied as Change of Status) is approved they will send me the new Petition along with the new i94 while i am in India and i can use it to come back.

    Does this make sense for you. i know this is really complex and there exists no rule with USCIS which clarifies the situation.

    I will try to connect you on your email as well

    Thanks
    TT

  • I already told you that technically, you can travel and come back with your existing stamped visa.
    But, there are chances that this complex situation turns into something else for you. That’s the only reason, I suggested you to avoid the travel, if possible.

    1. Yes, the new approved petition (your transfer or amendment) will have the new i94 attached to it.
    2. I don’t think you would be able to use the petition to enter the USA. This means that you can’t use the new approved petition at immigration counter at port of entry. Immigration office needs to see your stamped visa (which would technically be your existing one).
    You can use it to enter the US.
    3. If you want to use the new approved petition to enter the USA, you will have to go to US embassy in India to get the new visa stamped.

    Remember, that H1B visa is tied to specific employer.

    If you are satisfied with the attorney’s response, you can go ahead with you travel. You should be fine. Attorney advise is off course more reliable.

  • MTH

    Yes Anil, TCS is asking for the new employer petition copy, I am unsure why. Is it safe to share the same with them ? What are your thoughts ….

  • Is it for provident fund withdrawal?

    Did you ask them why do they need new petition?

    You should first ask the reason and then share it. Legally, you are not supposed to share it with anybody. You have the right to deny.

  • Vijay

    Hi Anil,

    How are you? my employer submitted the H1 RFE response in the third week of September & still waiting for the response from USCIS. Is it possible that it may another 2-3 months for the USCIS on the response as i heard there is no time limit on this.please let me know your thoughts on this. thanks.

  • Hi..I am good.
    Yes, USCIS officially can take up to 60 days to respond to your RFE response.

    Remember, there is no hard and fast rule. I have seen cases where they have taken more than 60 days as well.

  • Vamsi

    I just quitted the company and it is very smooth.

  • shiva

    Hi vamsi congrats… did you paid anything for the bond ?

  • Vijay

    Thanks Anil, i will wait for the this month end after that ask employer to go with premium option. I hope this would work. Its good they are not increasing the Visa cap count from 65,000 otherwise it may take another 2-3 years to complete the yearly H1b exercise. 🙂

  • NewStart

    Hi Anil/All,

    Its a really nice blog and I learned a lot after reading various experiences/posts, I am going to resign and will share my experience on every step and how to move further if any problem arises, thanks.

  • Thanks for your kind words NewStart. We appreciate your feedback.

  • TT

    Hi Anil,

    I am back from my vacation and to my surprise i wasnt asked any questions at all at the Port Of Entry. I also got my approved petition from my new employer with a new i94.

    So everything went really smooth. I wanted to post this so that anyone facing a similar issue can take some clue from my case.

    Now i plan to resign with TCS as of today and i had a few Questions.
    1)Should the resignation email from only from TCS email? I do not have TCS Email access at my client location.
    2) Who all should be CC’ed on it.
    3) Although i have in mind what i need to write i wanted to someone in the Forum to help me write a sweet and short resignation email, I know it sounds silly 🙂 But i know there are a lot of people who would have gone through this 🙂

    Thanks,
    TT

  • 1. Yes, it is advisable to send the resignation email from TCS email ID. You can use TCS web mail access at your home to send the email.
    2. Your Reporting manager, BRM and HR for your location should be in CC.
    3. There is nothing fancy about writing the resignation email. Just two lines are sufficient. An example:
    “I have decided to move on for better opportunities and hence would like to resign from my services with TCS on TODAY’s_DATE.
    Kindly please relieve me from the services on LAST_DATE_DESIRED”.

    That’s it.

  • Vikas

    Hi Anil, I sent email to corporate ffs for skillset letter and got reply that i need to get approval from my previous supervisor. But my ex supervisor is not responding to my calls or email, will any senior person from my previous project can approve my skillset letter. Do you have any idea on this?

  • Hi Vikas,
    Yes, any senior person ( his/her designation should have been atleast 1 level up than yours) would work.

    Just send the email to that person keeping the skill letter coordinator in cc. Once the person replies with ‘approval’, you should be all set.

  • Abhishek Srivastava

    Hi Anil, Firstly thanks a lot!! You are doing great work, this blog was extremely useful.
    Just 1 question, how long does it take for the Provident Fund amount to be credited back to your account in India?

  • Hi Abhishek,
    It does not take longer to get it. If all your papers are okay (with sign and revenue stamps), you should get it within a week.
    They normally process it pretty fast if you opt for direct deposit in your salary account (the one which was designated as salary account while working with company).

  • NewStart

    Hi Anil,

    Thank you, I do have tendered my resignation and they do have shared the undertaking document , what should be the reason needs to be mentioned for not returning to india. Kindly suggest.

    Thanks

  • You can just write the reason as ‘personal’.
    They won’t ask any other question.

    It is just a formality to make sure you do not claim the ticket to go back to India, in future, from TCS.

  • Anonymous

    We received a question on email from one of our user and we are posting it here for everyone else’s benefit:
    =============================================================================================================
    I am working with TCS for the past 3.5 years.

    Recently I have been deputed(onsite) to Sweden for only 2.5 months.

    I came back on Nov 1st, 2015. I want to resign now as I wanted to pursue my post graduation(MS in US).

    I know that I need to serve a notice period of 3 months, but unfortunately, I do not have this time. I can only serve abour 40 days.

    Can you please help if the bond breach amount 5L is applicable in my sceario too.

    Thanks in advance.

  • There are no major issues if you are back in India. You can just talk to your manager and give out the reasonable notice time.
    If nothing works out, you can negotiate to pay only the Indian ‘basic’ pay for the shortfall in notice period.

    I do not think that they will push you for a bond breach. 40 days is a good amount of time and you can explain your situation to your manager.
    If he agrees, everything would be fine.

  • Rohit

    Hi Anil,

    I have been explaining my situation to my manager from the past two weeks and he is so stubborn.

    He even said, he will escalate it to NASSOM and blacklist me. 🙁

  • Haha…that’s the most crazy stuff i have ever heard!!
    Nobody can blacklist you in NASSCOM. They have better jobs to do than blacklisting engineers.

    Legally, they cannot stop you from leaving the company even with 1 day notice. You can simply buy the notice period by paying the ‘Basic’ pay.
    Also, they are not going to go after you or fight it out in court for 5 Lakh bond.

    If you are genuinely going for studies abroad, you can negotiate.
    If you are jumping on to another job, you can either buy out the notice period or can ask your new company to wait some extra days. I am sayinng this just to avoid any confrontation with your existing manager.

    Legally, they cannot stop you. Let alone the Nasscom thing. Your manager is just trying to take benefit of your innocence. He can’t do anything.

  • Rohith

    Hi Anil,

    Thank you so much for the inputs.

    I am thinking to resign tomorrow and also mention that my last day of working will be on Dec 18th, 2015. Irrespective of whether my manager agree, I can leave on Dec 18th right?

    Regards,
    Rohith

  • Everything is buyable. You can even leave tomorrow bif you want.

  • A Mahesh

    Hey most of them are not mentioning about the process once they quit and what are the problems they are facing.

  • Hi Mahesh,
    There are no problems as such. Do you have anything specific that you want us to talk about?
    Let us know and we can write about it.

  • NewStart

    Thanks Anil, I do have filled the form and shared with HR , kindly clarify do we need to reach the separation cell or separation cell contacts me. Thank you.

  • For your full and final settlement, you will get an email from corporate FFS team in approximately a month.

  • NewStart

    Thanks Anil, now they are offering GC to me, not sure whether they do GC for H1 associates, I haven’t heard case till now, Please let me know if any case you heard, I already tendered my resignation and on notice period.

  • I have only heard and seen people with L1 who have been selected to apply for GC.
    In my own case (and some others), were offered GC when we were on H1 and leaving in 2012. I have not heard anyone who stayed back applying GC.

  • NewStart

    Thanks Anil, even I also heard the same. Along with GC , they are also offering salary hike, as my new company provided high package and they are trying to match the same, not sure whether its possible or not :), kindly confirm.

    I am discussing every point in forum so that people can see my case as reference. Thank you.

  • I cannot comment on the salary hike point. But, the hike can be given in a written document immediately, you can still rely on it.

  • Rohith

    Hi Anil,

    I have resigned on Nov 27th. I returned from onsite on Nov 1st.

    Yesterday my manager says he is unable to release me in his ultimatix because he says it shows that my notice period is 3 months and I had to serve these 3 months.

    Regards,
    Rohith

  • I don’t know what and how to make you understand a simple fact that nobody can bound you! Its not a prison, it is a professional company.
    If you want to move out and can’t serve full 90 days, just buy out the remaining days by paying ‘Basic’ pay.

    If not, then serve 3 months.

    Your manager does not sound like a normal human being who would negotiate…so, you only have the option of either buying out the remaining term in notice period or serve it.

  • Ansdds

    Hi Anil,

    How are you? I appreciate your help to all members in the discussion.

    I have one query regarding my GC process. My GC process is done by my employer on EB2 with 10 years of IT exp.

    Right now Its in LABOUR stage, they are going to file Labour by mid JAN 2016.

    Could you please tell me how much process time is required for EB2 and when can i get GC?

    Please update me on this. Thanks for your help in advance

    Thanks

    Anonomys

  • Hi,
    Thanks for your kind words. I am glad the information is helping others.

    You can find information about processing times of various stages of GC for EB2 in this article:
    http://www.am22tech.com/green-card-process-with-employer-sponsorship/

    All the times are based on my own experience.

    At this time, the full GC processing for EB2 is taking about 7-8 years.

  • Ajay

    Hi,

    I face a similar problem. Is it that I have to get my manager’s permission for buying out the remaining days?

  • It is better if you can discuss and then find out a compromised time of notice period.
    If your manager agress for lesser notice period, you won’t even be required to pay anything out of your pocket.

    But, if he does not agree, you can always leave and buy out the remaining time just by talking to HR.

  • Ajay

    Hi Anil,

    Even HR says my manager permission is required for buying out. Hence, I plan to stop coming to office after the last day which i requested them to consider.

  • It is always better to leave on a good note. There is nothing like fighting with your manager. It is a professional company and a legal matter.
    They can’t forcibly stop you from leaving. If they are, you can leave anytime by paying out the ‘Basic’ pay for shortfall in notice period and settle the matter.
    They will issue you the release letter and experience letter.

  • NewStart

    Its almost more than 2 weeks after my resignation and currently on notice period for couple of more weeks but didn’t heard from manager , hr and separation cell about next steps, does I need to wait for more time to get any information regarding my separation or I can reach to separation cell. Kindly suggest based upon your experience. Thank you.

  • I am sure you sent the resignation email by your official email ID and mentioned the desired last date as well.
    If yes, then you are good to wait. The onus is on your manager to initiate the separation process in internal processes.

  • NewStart

    Yes absolutely, this blog was the savior :), I followed the process and mentioned the desired date as well.
    1. Is their any way I can check whether they do have initiated in the system , kindly suggest.
    2. In the worst situation; What are the documents you suggest, I need to save before the last day which depicts worked for the company.
    3. Actually why I asked this above question is, there is a situation now arrived where they may lose some revenue because of position vacant.So just want to check how bad it could be in terms of full and final settlement. Please suggest. Thank you so much for help.
    Addition to this point, this was not anticipated. Kindly suggest please.

  • 1. As far as my last experience go, only manager has access to separation process information in Ultimatix. I don’t know if it has been changed now. If not, only the email that you sent is the proof.
    So, send a bcc copy to your personal email as well.

    2. As you are in US, you don’t need any proof as such. Your visa and W2 is enough to prove that you worked for a company.
    But, I would advise you to download the pay stubs from ADP.

    3. There is nothing like the worst case as you are thinking. Let me tell you that it is a professional company.
    Employees leave everyday from TCS at onsite and they know it pretty well. Also, they handle it professionally too.

    It is just at the lower level that managers sometimes create some issues (like in your case).

    But, don’t worry. Once you leave, the process of full and final settlement is handled by corporate team sitting in Mumbai.

    They are utterly professional and would only talk about money!

    Remember, they will NOT and CANNOT HOLD your documents by law.
    Once you settle your ‘F&F’ with corporate team, they will email your docs immediately.

    Follow the above article for the list of docs that you can expect.

    Let me know if you need more information.

  • NewStart

    Thank you so much , after talking to you I am feeling relieved, you are absolutely right, these lower level managers does these kinds of stuff. I am only worried about the amount of settlement which they can ask now after this scenario started. Earlier I was expecting the normal F&F which everybody is paying from past year till today. As per trend it needs to be normal F&F but this question will be open till I receive the final settlement letter. What is your thought in this case. Thank you.

  • You are welcome. I can understand the situation you are in. But, believe me, the whole process is pretty smooth and there is nothing to worry about. Nothing, that managers scare you with, will happen.

    I have heard that they have stopped asking for $10K bond money now. So, you should only be asked for the ‘Basic’ Indian pay for the shortfall in your notice period and that you should not be a big amount by any means.
    For e.g. if your current Indian Basic is 20k per month, and your shortfall in notice period is 60 days, you would have to pay out 40K INR. That’s it.

  • NewStart

    Thank you, yes I agree with you and expecting F&F in same manner, let me share my experience with you once I receive updates from any aspect. Thanks.

  • Ajay

    He is rigid. In that case, I hope I will not be classified as absconding right, if I leave and pay the basic pay?

  • No man. If you have the resignation email, nobody can mark you as absconding.

    You are thinking too much. Once you leave and settle the full and final amount, you are good. They will issue you all the service letters.

  • NewStart

    Hi Anil,

    1. Till now i haven’t received any updates, but just want to know, when my current TCS H1 petition is going to be revoked , does its going to happen after I join my new company or they must have started as I am in notice period.

    If they revoke after I left TCS, then what is the time they usually takes to get the TCS H1 petition revocation. Kindly clarify. Thank you.

    2. Also kindly let me know, what is the time limit a new H1 transferred petition is going to be valid, as I heard it depends upon company to company before they cancels the H1 transferred petition.

    Reason of asking question number 2 is , one of my friend is looking to join a new company after 1 month of H1 transfer approval.

  • 1. They will revoke only after you have left or your last day.
    There is no specific time period. It can happen within 1 day or 1 week or 1 month.

    2. The new H1 (so called as transferred) on is valid upto the date mentioned on the approved petition.
    Now, if you don’t join the new company, it is upto them to revoke it or keep waiting for you. They can do it in 1 day or may not do it at all!

  • Anonymous

    Hello Anil,

    I am following this thread of discussion and in similar kind of situation, where I am on notice period and going to join my new company, however would like to know does its possible to join TCS back in couple of months in TCS America. Waiting for your reply.Thanks.

  • Yes, you can join back provided:
    1. They offer you a job
    2. They file for your H1B transfer again. Normally, they revoke employee H1B as soon as they leave, hence they would need to re-file once they offer you job back again.

  • NewStart

    Hi Anil,

    First of all thank you for your help and guidance , I do have joined my new company and now received separation email from TCS, where do they have mentioned that I need to pay the basic pay amount shortfall of days and waiting for full and final details.

    Only one point which i didn’t get is they are asking about online exit interview , which my HR didn’t asked for at the time of discussion with her, please guide or anybody has any experience, please share. Waiting for your reply.

    Thank you once again.

  • Abhi

    Hi Anil

    I recently moved out of TCS and got a letter from the Corporate FFS team regarding the settlement. Can you please help me to understand the below questions

    1. how notice period shortfall days are calculated.

    2. In the pdf file they sent , it shows net earning as 101,000 on the left ;;; Notice recovery as
    25000 on the right. They have deposited 76,000 in my bank acount and asking me to pay 25k to them. I am not understanding that of they have already deducted 25K from my earning amount by paying me 75k , why they are asking me to pay 25K.. I am confused !!

    3. Also they have not give me my partial salary for 10 days for the month which I resigned.

    Any help is appreciated ..

  • 1. Normally the notice period at offshore is 90 days and you are supposed to go back and serve that period, if you resign.
    Hence, if you leave at onsite….what they do is deduct your notice days at onsite from 90 and charge you basic pay for the remaining days.

    For e.g. if you served for 15 days, your shortfall would be 75 days.
    2. I can’t really comment on what they have done in the calculation unless I see the PDF.

  • That’s okay. You can give the exit interview.
    Normally, HR is supposed to take it before your last day but due to lesser HR guys at onsite, this S ldom happens.

  • Abhi

    I served notice for 7 days and in the letter they said shortfall for 40 days

  • Abhi

    How can I show you the document

  • Please understand that I am not the official spokesperson. I just gave you an example.
    Everything should be mentioned in FnF document or you should email them wih your doubts.

  • Abhi

    Sure Anil

    Thanks for your help.. You had been doing a great job to resolve all the queries in this blog.

  • you can email it on contact@am22tech.com and I can review it.

  • You are welcome Abhi.

  • Parthasarathi

    Hi Anil – Thanks for your Blog. I have a quick question. I have submitted my PF withdrawal scanned copy [As per your Blog] and it was accepted as well :-). Can you kindly let me know how long did it took for you to get PF amount credited in you Indian Account? TCS team replied me that they will process my application and so when can I expect the amount to be credited? Thanks

  • Hi ParthaSarthi,
    It does not take too long to get the PF amount in Indian Bank. They are pretty quick after approval.
    You can expect it to be in your account within 15 days.

  • SM

    HI Anil,

    YOur blog is awesome. I am soon dropping papers. any special pointers apart from what you have here.

    Thanks man

  • There is nothing more.
    If you have any questions, I can help resolve them.

  • Sm

    so my visa is in transfer and result expected in day or two… i will be dropping papers say in next 3 days….TCS is not taking bond money now.. its in there onsite doc also…i do not have any project dependencies.. so
    1. can i give 7 days of notice.
    2. Can i be forced to take bk resignation( i know its stupid but its TCS)
    3. How to go about exit interview

  • 1. You can give any amount of time as notice period from 0 days to a number you like. On a professional front, I would advise for 15 days (2 weeks).
    2. You can’t be forced to do anything by law.
    3. Exit interview is nothing but just a formality to understand the reasons behind your exit. Nothing to worry about.

  • Sm

    1. i agree…but again 2 weeks is like if i have some major dependency .. as of now its baby phase,…so lets see..
    2. and that skill letter point u posted in bang on..

    Thanks man, really appreciate it.

    To be very frank i never had bad experience with TCS.. Its just its time to move on.

  • You are welcome.

  • prabhu

    Thanks a lot Anil .
    I just got a good offer and hireright BGC is in progress . They ll probably initiate H1B transfer -premium in a week .Should I put paper when they receive Receipt # or should I wait till they get the docs .ALso ,please tell if I can serve this notice period from India ,just thought of visiting my family before joining new company .

  • Hi Prabhu,
    1. Resigning after you get the H1b Transfer is recommended even though you can leave with the receipt number.
    2. I would suggest to delay the travel plan until you get H1B approval. Once you get it, you can travel and you might have to get the new visa stamping too when you want to come back.

  • SM

    which company prabhu if u don mind asking

  • prabhu

    At&T..which one you are switching 🙂

  • prabhu

    Thank you Anil .

  • SM

    Your competition T-mobile

  • Mr X

    Hi Anil, this block is really helpful!! Thanks.
    For my case, I am currently on bench and got a good offer in another company and they filed the H1b transfer. My receipt number got generated few days back. But here RMG is pushing like anything to send me back (my skill set is matching with some rqmmt in India).
    Since I am on bench, shall I give them a 7 days notice? Because they might terminate me within 1 day and that will bring me out of status and eventually affecting H1b transfer. What do u suggest?

  • If you are on bench, your notice period would not matter.

    I am pretty confident that they will release you the same day, the day you resign. This is simply because a resource on bench is a liability.

    As far as ‘out of status’ is concerned, you are safe because they are not going to ‘revoke’ your h1b until you have left the company.

    Also, legally, you can start working for your new company since you have got the receipt number.

    So, in this case, I would suggest to push or buy time as much as you can and get the final h1 b transfer approval. Once you get the approval, move on.

    Or, in the worst case scenario, if you can’t push them anymore, just resign and join the new company.

    Let me know if you need more information.

  • Mr X

    Thanks Anil. Just one more query came in mind – There always a slick chance of H1B transfer denial. So if I join on receipt number and got it denied later, then will loose both. Any idea how it can be managed? Can new employer re-file the case?
    Here, i can’t push any more because they are threatening the initiate the termination, in case i don’t go back.

  • Yes, I agree that there is a slight risk. That is why i asked you to push it as much as possible.
    There are possibilities of H1B RFE. The transfer denials are rare. If you get an RFE, you are still safe.

    I hope you have filed your transfer in premium processing? if yes, then you can expect to get the decision within 15 days of receipt. In real scenario, you would normally get it within 7-10 days.
    Hence, plan accordingly.

  • Roy

    Hi Anil,

    If you have the latest update, can you please confirm that the 5L bond for TCS is still there or not?

    In addition – is there any implications from TCS end if I want to leave the job in 2 months after reaching onsite USA?

    Thanks in advance,
    Roy

  • Raj

    Hi Anil,

    Thank you for your blog and answering the questions.

    I quit TCS couple of years back and I am trying to get an experience/skill certificate with all the job responsbilities from TCS for my i140.

    1) Can you please let me know the best phone number and email to reach tcs, as I didn’t yet get a reply to email request asking for the skill certificate template and process.

    2) Also do we have to get an approval from our team lead or project lead for the skills certificate draft we send to TCS?

    3) In case if we need to get an approval, should that be from only the manager last project or can it be the second last or any other previous projects in TCS?

    4) Also do we need more than one level of approvals or just approval from one of the leads in earlier project is fine?

    Thanks,
    Raj

  • I have not heard of 5L demand case recently. And as per my last update, they have stopped asking for it.

    There are no implications except that you would be required to pay back the initial $5k that they pay you while coming onsite. It is normally deducted in installments of 500 $ each month from your salary.

  • How Raj,

    1. Corporate.ffs@tcs.com is the email that you should use to contact and ask them for skill letter.
    2. Yes.
    3. Any manager who can approve what you write in skill letter would work. He should be currently with TCS.
    4. Only 1 approval is needed.

  • Roy

    Thank you so much for your prompt response.

  • Kapil

    Hi Anil, I had a skill certificate already from TCS but the language is not in line with what the language the lawyer is asking for the I-140. TCS says it only issues one letter. Please advise.

  • Yes, that’s right. TCS issues the letter only once.
    I have also mentioned it in my above article and one should be very careful with it since it is an important document for your GC.

    The best way not is to consult your lawyer. They are experts and they can change/modify the language for your GC documents in accordance with what you have written on skill letter.

    Also, if the skill letter has the mention of the technologies that you worked on, and these are the same technologies, you are using to file your GC, you should be okay. The format does not matter much. Its the content that’s important.

  • Parthasarathi

    Thanks for your reply.. I got it credited today.. Scanned copy sent [12/27], Confirmation email saying that they accepted and started processing [12/31] and Amount Credited in my Indian Savings [01/12]. You were spot on. 🙂

  • You are welcome Parthasarthi. I am glad it helped you.

  • alice helen

    Hi Anil,
    The designation in the skill letter template provided by TCS will be TCS designation like ASE or Assistant Consultant. We would have never mentioned this designation in any of our H1B or Green card process. Would it not create confusion in regards with the designation if we submit this letter for PERM processing?
    Thanks!
    Alice

  • No, it won’t create any confusion. Each company has its own naming convention for designations. It may or may not have any relation to the actual work performed.
    It is okay to write to whatever designation you had with them.

  • Ram Sampat

    Hi Anil ,

    1) Were you able to withdrawn the complete amount from the PPF .

    2) And , Did you have the PPF money transfered to an NRO account . Or – Is there a facility to get it into parents bank account .

    3) Can you please share the “Retirement benefits team at TCS” email id

    Thank You

  • Hi Ram,
    1. Yes, you can withdraw full amount. In fact, there are only two options I.e. either withdraw or transfer. You can transfer to any other company, if it India based.

    2. You can only transfer the money directly to the account which used to be your salary account .

    If you don’t have that account now or want money some other way, it will take long time.

    Hence, it is advisable to maintain the Indian salary account (does not matter if it has been converted to nro), till the time you get PF amount credited.
    No, you can’t get money in your parents account.

    3. Retiral.Settlements@tcs.com

  • Ram Sampat

    Thank You – Does TCS have its owne Provident Fund System ,Unlike PPF . I didn’t have my INR salary account converted to NRO , but had a new NRE A/C opened . I’ll open a new NRO account when i visit India. Can you please share How to get the PPF withdrawn into a newer NRO account.? Are there extra forms or approval required to be obtains from TCS

    Thank You Again – your reply will be very valuable .

  • You should use your old salary account that was used to get Indian salary.
    If you want it in your new account, you should contact the corporate team on the email that I shared earlier with the process.

    Unfortunately, I do not have any experience with it and hence, can’t guide you on that.

  • green

    Hi Anil,

    Thank you for the detailed explanation of everything that was kind of bothering me lately.

    Well I am working for Larsen and Toubro right now and about to resign at Onsite. Do you have any idea of the processes here. Also how can get my pf etc.

  • Hi green,
    Resignation process is same in every company and i can say it because of my experience with leaving multiple organizations! 🙂
    Just email your manager keeping HR in cc from your official email ID. That’s it.

    The PF withdrawal process should also be similar. You would have to fill up the withdrawal form (will be provided by your company), affix a 1 rupee stamp, sign and send it your HR. They should be able to send you a cheque (in INR) or directly transfer to your bank account.

  • green

    Thanks Anil.

  • coolguy

    Hi Anil…I am working in tcs from last 6 years. my H1b got initiated last year and petition approved in oct 2015. stamping n all still not done. If I resign at this time from tcs then wil I have to pay amount for h1b. plz tell its urgent.

  • No, you don’t have to pay anything if you resign. Visa costs are company’s responsibility.

  • Raj

    Hi Anil,

    This is Raj again. Thank you for your reply to my earlier
    query.

    I tried to reach out to my last supervisor who is UK to get
    an approval for my skill certificate. But he is neither responding to my emails
    or taking my calls. But Corporate FFS has asked me to get an approval from him.
    But not sure if this is going to work or he is going to reply. Not sure why
    corporate ffs is hell bend on getting approval only from my last supervisor or
    gl when they are not responding or willing to help.

    Do you think any of my supervisors from old projects in TCS
    can approve this certificate? I know one of the supervisor from old project’s
    who is still with TCS may be willing to approve my request. But do you think
    Corporate FFS will take his word for approval? Can you please suggest any idea
    how I can convince Corporate FFS to agree and take the approval from my other
    supervisors (who were not in the last project I worked).

    Thanks,

    Raj

  • You can get approval from any of your supervisors, if the last project one is not responding.

    The only condition I know was that the person approving it, should have been a step above your designation, at the time of the project.
    FFS team does not care about anything else.

  • Raj

    Thanks Anil. Below is the new template used by TCS.

    Do you think the note added by TCS at the end will create issue or doubt in uscis case officer’s mind or lead to the rfe asking for any other supporting documents?

    “Please note:Skills and responsibilities specified are as declared by the employee and approved by the last supervisor. This information is to the best of our knowledge and without prejudice.”

    Though TCS is going to give the letter in the company letterhead, adding the extra clause saying that employee declared skills/responsibilities should be not a hindrance in getting i140.

    TCS/SC/

    March 01,
    2013

    TO
    WHOMSOEVER IT MAY CONCERN

    This
    is to certify that Mr/Ms ——– was
    full time employed with Tata Consultancy Services Limited (TCSL) from ——- to ———-.

    While
    leaving our organization, he/ she was designated as an ————.

    During
    his/her employment with Tata Consultancy Services Ltd, he/she was responsible
    for the following :- (maximum 5 points)

    1.

    2.

    3.

    4.

    5.

    He/She utilized skills including :- ( maximum 2 points )

    1.

    2.

    Please note:
    Skills and responsibilities specified are as declared by the employee and
    approved by the last supervisor. This information is to the best of our
    knowledge and without prejudice.

    We wish him/her all the best for his/her future
    endeavors.

    For TATA CONSULTANCY
    SERVICES LIMITED,

  • No, I don’t think that it will create any issue, if you write, what you have really worked on.

    Anyway, as an employee, you don’t have an option to get it removed.

    They are just safeguarding themselves in case an employee writes something that’s not true.

  • Raj

    Hi Anil,

    My TCS experience letter has listed all the job
    responsibilities as mentioned in PERM in company letter head. But there’s one
    minor change, while filing PERM we have filed my last role in TCS as
    Information Technology Analyst, but the TCS experience letter is saying my last
    role as I.T.Analyst. I should have noted this earlier.

    We understand both these are same. But will this create any
    issue in I140 processing and approval by USCIS? Not sure if the officer working
    on the case will really concerned about title abbreviation or the
    responsibilities in company letter head.

    Thanks,

    Raj

  • It would have been better if everything matched to the letter.
    But, it is okay as these things can;t be changed now that you have already filed PERM. Neither is TCS going to re-issue the skill letter.

    In the worst case, if the USCIS officer has any doubt what-so-ever, they would reach out to you or the TCS to clarify things. You will then have a chance to tell them the full form and explain that they both are same.

    Don’t worry, that’s a rare case.

  • NewStart

    Thanks Anil, I do have received the F&F details and they haven’t asked for any bond and just asked amount shortfall of my notice period.

    A. Just want to know the letters need to ask from them so that they can provide accordingly. Please find list below :

    1. Relieving Letter

    2. Skill Letter

    3. Full and Final Settlement confirmation letter

    4. Experience Letter

    B. Please let me know if needs to ask more details in letters or any letter needs to add in the above mentioned list, thank you.

  • Hi NewStart,
    This is the list of documents that they will provide on their own (without asking):
    1. Relieving Letter.
    2. Service Letter.

    The third one that you NEED to ask for is:
    3. Skill Letter.

    They won’t give you an option of adding or removing data from any of the first 2 letters.
    The third one also has pre-set template which you would need to fill. Here is the sample that you may like to see:
    http://www.am22tech.com/sample-skill-letter-usa-green-card-labor-application/

  • Query

    Hello,

    Question regarding the experience letter for filing i140.

    I am currently working for Company B and have an approved EB2 PERM. Before joining this company, I worked for Company A outside USA for 4 years and for the same company A in USA for 2 years.

    1) When my current employer Company B filed the PERM, we have given my experience Outside USA for Company A as Job1 and then my experience for the same company A in USA as Job2. My PERM was approved with these details.

    For filing I140 as per policy Company A has given just one experience letter in letterhead for my entire 6 years of experience with them (outside USA and USA). This experience letter has all the responsibilities/skills and employment dates listed in PERM for my Job1 outside USA and Job2 USA experiences.

    My attorney suggests we file the i140 with this PERM, Experience letter and a supporting Cover letter that will explain both the job experiences are for the same company. Will getting just one experience letter for Job1 and Job2 for the same employer create any RFE or issues in i140 approval?

    Please suggest anything we could add while filing I140 that will help in getting an approval.

    2) In the worst case if my i140 for this PERM is denied. Can we my Current employer Company B file another PERM when their current PERM has not expired? Or should we wait till the expiry of the current PERM and then file a new PERM that will have all my experiences from Company A as in one Job? When we file a new PERM will we able to capture the priority date from the old PERM (whether it is still active or expired)?

    Thanks,

  • 1. I don’t see any issue with filing i140 with your current situation. Remember, i140 is primarily for verification of company B’s credibility, rather than yours.

    USCIS has already approved your PERM which is supposed to be a verification of your documents.

    2. This case is irrelevant here. Don’t worry, your i140 would be approved even if you do not attach a cover letter.

  • Deep

    I doubt if you are right here. PERM is generally filed to DOL and not to USCIS. And FYI, none of our documents are submitted during PERM process unless DOL issues audit and asks for the same. Normally you have time to get your experience letter till the time your PERM gets approved + 180 days. But most employers don’t prefer that because entire money spent for PERM would go waste if the candidate is able to provide the letter in prescribed format (like the problem this poster is facing). So they ensure that they have the letter before even starting PERM process.

    It is during i140 stage, USCIS comes in to picture. Our documents are submitted to USCIS along with the approved PERM notice. In PERM, there is a section that lists the skills of the alien worker. The skills listed there needs to match exactly with the experience letter. USCIS can issue RFE for any discrepancy or may even issue NOID if there is a mismatch. If they have specifically mentioned that the job requires outside US experience and US experience separately in the PERM advertisement, there are chances that the i140 gets denied. Because you misled a US worker that the job requires outside US experience who could have applied for the position if it was not a mandatory thing. It’s up to poster’s luck now.

  • Hi Deep,
    1. I agree with your point that the supporting documents are ONLY required in case of Audit.
    And it was my mistake to write USCIS instead of DOL.

    In this case, he has all the supporting documents.
    2. This case is pretty similar to my case where I had outside-USA experience and in-USA experience with the same company and got only 1 consolidated skill and experience letter. I shared my opinion based on what has happened in my case.
    3. USCIS decision can go in any direction (can be multiple) based on even a single word’s omission or mis-match between any two documents. I agree with you on this too.
    As a matter of fact, USCIS can even issue NOID, even after 5-6 years of issuing i140, based on their OWN mistake (no fault of company or employee), if they find it out in final stages of GC processing.

    4. On the case of job advertisement, I agree that they should probably maintain the text and scenario they had asked for. If they had specifically mentioned that the job experience should have been attained outside-USA, they should probably include a cover letter explaining the combined experience letter. That should be fine.

    Otherwise, his whole case is pretty good. He is not deliberately trying to twist the facts. He has all the supporting documents even if he gets a RFE.

  • Deep

    We really don’t know. Having Indian experience or having consolidated skill letter is definitely not a problem, but the only thing that bothers is specifically mentioning that the position needs outside US experience. That requirement in the job posting would have potentially filtered out lots of US candidates who could have applied for the position. It doesn’t matter if they did it intentionally or unintentionally. Big companies pursue PERM after getting experience letter for this very reason. Cover letter may help or may not help as it would be provided by current employer.

    I feel it’s up to poster’s luck for this case to be approved or not.

    @Query – you don’t have much choice other than going by what your attorney says. If possible take opinion from Avvo. That can be a second legal opinion. Also post your query in Trackitt website. You will definitely get more ideas on what can be done. People have been there, seen such things.

    And for your second query.. there is no problem in applying another PERM through your current company. Validity of first PERM doesn’t matter at all.

  • shafique

    I resigned from tcs offshore – chennai in Feb 2007. I had got the experience certificate and relieving letter then. I am currently onsite and my GC is in process.. PERM Filed. For I140, Attorney has asked for experience letter from previous employer with job duties and shared the template.. Could you please clarify if I can get the letter from TCS with skill details and can I contact them?

  • Thanks Deep for sharing your valuable inputs. We appreciate it.

  • Yes, you can ask for skill certificate. Just reach out to corporate HR team on Corporate.FFS@tcs.com and they should be able to help you.

  • shafique

    Thanks a lot for the prompt response. I will contact them and update.

    Thanks,
    Shafique

  • Amit

    Hi Anil, How are you?

    I read the full blog and got to know what I need to ask from TCS at the time of my resignation. I resigned from TCS this Monday & asked them that I will serve 2 weeks notice period. My XYZ company visa transfer is already approved.

    TCS higher management/BRM asked me that they can file my EB2 green card process & asking me to stay.

    Could you please help if TCS had done any green card processing for the H1B holders?

    Appreciate your help on this

  • Amit

    Also, if I am not accepting EB2 Green card processing & asking my XYZ company to file green card for me what all documents I need to ask from TCS at the time of leaving them/final settlement?

  • If they can give it in writing and start the process immediately, then you can think about it.

    On the other hand, I have not heard of any EB2 GC filing for any H1B. They mostly give verbal assurances but nothing happens.

  • You would need experience letter, relieving letter and skill letter. Details are mentioned in above article:
    http://www.am22tech.com/leaving-tcs-onsite/#tcs-documents-after-settlement

  • Shafi

    Hi Amit/Anil,

    I’m working with TCS US onsite and my Visa (H1b) would expire in next 6 months I have asked for the extension but TCS mgmt is asking me to wait and even I heard TCS started doing GC in EB2 category but my manager has not confirmed anything yet he is asking me to wait for some more time.

    They are not confirming anything in writing yet.

    Thanks,
    Shafi

  • If there is nothing in writing, it is just a carrot that they are trying to show you.
    It is up-to you if you want to stay or move out.

  • DJ

    Check the Green card database, TCS has hardly applies for GC. 🙂

  • Amit

    thanks a lot. I decided to leave TCS.. thanks for suggestions.

  • You are most welcome and all the best for your future endeavors.

  • sm

    HI Anil,

    so finally tomorrow i am quitting.

    just one quest.. i am going to give notice of 2 weeks and then can i take a break of 1 week before joining my new firm.

    will this 1 week gap create issues for GC or h1b.

    i need this break bec i am shifting from east to est coast

  • I would suggest to NOT leave any gap whatsoever.
    If you want a break, take it once your payroll has started with next company.
    Payroll start is very important for H1b continuity.

  • SM

    i will be paid biweekly.. so anyways after 7 they will genrate payroll for me.. for 15 days

  • Not sure if you understood what I meant.
    Payroll does not start unless you join the company.
    Payroll and h1b approval are two different things.
    The biweekly pay counter starts only after your payroll starts.

    Let me know if you need more information.

  • Sm

    I ckearly understoof what you said. I am joining them on 7. And i my offer it days i will be paid on 15 and 30 of every month. So i will have paystub for both cycles.

  • Raj

    Filing H4 EAD while Spouse’s H1B amendment is in progress

    Hi Anil,

    How are you?

    This is Raj, thanks for helping me out in getting the experience letter from TCS. My PERM and I140 got approved without any issues.

    I have a question regarding filing H4 EAD while Spouse’s H1B amendment is in progress.

    CURRENT SITUATION: I have an approved I140 with me. My wife is working in H1B for more than 1.5 years and her company had filed for a H1B amendment regular petition on Jan 10th 2016. Since it’s a regular petition H1B amendment result may come in end of June or July.

    We are planning to apply H4 EAD for my wife using my approved I140.

    Ques 1: If we file H4 EAD application around March 15th 2016, we can expect to receive the H4 EAD around Jun 15th 2016. If her H1B amendment results (approval/denial) come before the H4 EAD, she can maintain the H1 status till she gets the EAD. Will there be an issue in this case?

    Ques 2: If her H1B amendment is approved/denied after we get the H4/EAD, what will be her status? Can she maintain H4 and continue to work in EAD? Or she will be out of status as the last decision is take on her H1 amendment?

    Ques 3: Around 1.5 months (April end) after applying for H4 EAD, can we request her company to cancel the H1B amendment so that she can wait till she gets EAD? In this case can she maintain her H1 status till we get the EAD.

    Is there a better approach to this situation, so that she can maintain her H1 status till we get the EAD?

    Thank you for your help.

    Raj

  • Hi Raj,

    This should ideally have been asked here: http://www.am22tech.com/h4-ead-uscis-form-i-765-sample-form/

    Your scenario is a complex one and it is best to consult an attorney before taking any concrete step. H4-EAD is a new law and may have many ‘ifs’ and ‘but’ cases.

    Anyways, these are the answers to the best of my knowledge and discussions with my friends who have quite good understand of immigration laws.

    1. If you file H4 EAD in March 2016, you are essentially trying to file for change of status from H1B to H4 for your wife. I would suggest to file for H1B withdrawal too at the same time. This is simply to avoid giving an impression to USCIS about your probable exploitation of situation.

    I would not suggest to wait for H1B amendment decision. You should file for H1B withdrawal immediately.

    EAD is a different case all-together. First H4 would be approved and then EAD application will be reviewed and approved. This may or may not have a difference of 90 days between each other.

    As per the normal timings, i have heard people getting approved for EAD within a week of H4 approval, but that can be different for different cases.

    2. As per my information, once you apply for H4 change of status, her status is deemed to be changed with the receipt. She cannot continue to work on H1B. Please verify this with an attorney though.

    3. I think you should request her company to apply for H1B cancellation at the same time as H4 application.

    The best and safest option would be to apply for H4 in premium and save time. EAD can take anywhere between 1-90 days.

    Let me know if you need more information.

  • Raj

    Thanks Anil. After discussing with my company’s attorney and visa team, we have decided to file H4/EAD concurrently. Once we receive the H4/EAD in 90 days or so, we will ask her employer to withdraw the H1B amendment petition. Hope everything will work out well.

  • lonelyguy387

    HI Anil Jee,

    I am planning to resign from TCS and my new employer asking me to join before 31st March.I am currently on TCS America employee since Nov last year 2015. I am dilemma since there is a amount of annual bonus on 31st of March. My question is ”
    1. Will it be entitled to get that bonus amount if I leave let’s say in first week of April after serving till 31st March?
    2. If don’t continue till 31st March, will TCS give me bonus for all the serving months i.e Nov 2015 through Feb 2016 and pay out in final settlement.

    Appreciate your help.

  • Sounds good. Do share the results once you are through with them.

    It will help lot of other people looking for reliable answers and have similar scenarios like you.

  • Vish

    Hi Anil,

    First of all I would really like to thank you for this blog and the thread.

    I resigned from TCS at onsite last year in March. My current employer has decided to start a GC process for me. Currently I have total of 6 years of experience. I know my current employer can only show the experience before I joined them for filing GC and for EB2 category, progressive 5 years of experience is needed to be eligible. I had 4 years 11 Months and 3 weeks of experience with TCS prior to joining my current employer. The question is am I still eligible for EB2 or will there be any problem in future because of this 1 week short.

    Could you suggest me in which category I should apply for my GC?

    Thanks in advance !!!

  • Hi,
    Normally, the bonus distribution takes into account the employee current status with the company.
    If you are with the company at the time of distribution, you get it, else not.

    Rest depends on what kind of contract you have with them.

  • I don’t think 1 week should make a big difference but to be very frank, I have no idea about this scenario.

    On a safer side, you can get another experience letter from the company, you worked for, prior to joining TCS, That;s what everybody will do if they don’t have full 5 year with one company.

  • Kumar

    Hi Shafique,
    my case is also the same, did you got any update from the HR team.
    also how did you figure out your PL/GL and got their approval.
    i dont even remember their names now.

    but one of the senior guys is still in TCS, who worked with me during my tenure. is that ok to get his approval on the skill set letter and send to HR team?

  • Anshu kumar

    Hi Anil,
    I have recently resigned from TCS and gave them a notice period of 13 day. I had a rough discussion with HR . HR said they will give me my normal service/relieving letter but they will not issue skilled letter as I am not serving 90 days of notice and also I messed up with management. My new employer wants to file GC for me. Is there any work around with normal service letter for GC.

    I have over all 7+ years of exp out of which 2 years and 6 months are in TCS.

    Thanks,
    Anshu

  • They cannot deny you the skill letter, even if you do not finish 90 days notice period. In fact, nobody does, if they resign at onsite.
    Specially in USA, the 2 weeks notice is standard.

    It’s just a false threat by local HR. Once you resign and move out, things are handled by corporate team. They handle it pretty professionally.
    Don’t worry.

  • sm

    i would start by saying Thanks Anil,

    as you can see few posts below i asked about payroll thing. MY new form started from begining of the month even i joined them in the middle. So no gap in employment.
    I got all settlement from FFS as well.

    NO i have to follow your steps for skill letter .

    another thing, do have any idea how much time doe sit take to get pf amount .

    thanks again man.

  • You are welcome SM.

    On the PF front, you have to wait for 60 days (counting starts after your last day with company) as it is a government requirement.
    Then, after 60 days, once you apply, TCS would transfer to your account within 2 weeks. They are pretty fast with it.

  • aynu

    Hi Kumar, I received the letter in 10 days. The PL’s name was shared by the TCS HR. I forwarded his approval email and the HR sent me the soft copy of the skill letter

  • AK

    @sm what you going to show your status for those 1 week off ? unemployed and still on H1B in US?

  • Sachin W

    Pay out the $10,000 dollars as compensation on the name of project loss — This is not being enforced anymore. I quit 6 months ago and was not asked to pay this and neither my 3 to 4 friends who quit after me had to pay this.. Pls update the post.

  • Sachin W

    You may also mention about the “Pension” which some of us would be eligible to receive as a lump sum.

  • Hi Sachin,
    Thanks for sharing your experience. The article was indeed updated on Nov 2014 to reflect the bond issue. Check the end of article. I should probably move it a bit upwards.
    It is good to know that they are still not asking for it.

  • NewStart

    Hi Anil,

    I am sure you are doing good and helping all other people as you earlier helped me a lot. Actually just want to update everybody, I do have received the relieving letter and service letter, but my skill letter is in jeopardy status as my earlier management as well as manager is not willing to approve the skill letter as he is trying to show personal grudges and influencing my earlier management to not to approve my skill letter. So I am kind of frustrated on how I can bypass them and get this approved to get the skill letter. I am not sure if I can reach some other manager or other management to get this approved, please suggest. Thanks.

    Regards,

  • You have the right to skill letter. They cannot deny it.
    If they are not approving, you can ask them for a legitimate reason and then ask HR to help to you.

    They cannot deny it in any way.

  • Abhishek Srivastava

    Hi Anil,

    Do you know what is the process to transfer 401K account?

    Thanks!!

  • Unfortunately, I have no idea about how to transfer 401K account. Sorry 🙁

  • NB

    Hi Anil,

    I worked in TCS from Mar 2011 till Apr 2012 in India. Currently my employer who is filing my GC is asking for an EVL to apply for my I140. Could you please advise how to proceed with this, and whom to contact.

    Thank you.

  • Hi NB,
    Unfortunately, i have no experience with getting EVL and hence can’t really comment on the whole process.
    On the other hand, you can write an email to (this is corporate HR email address) with your requirements.
    Corporate.ExEmpVerification@tcs.com

    They are the same people who help with Skill letter. I am sure they will be able to guide you.

  • gauri kamat

    This is about PPF withdrawal ; which of the following option is to be selected ? B ?

    10. Reason for withdrawal of Provident Fund Accumulations

    a. Retirement
    b. Going Abroad Permanent migration from India
    c. Permanent & total Disablement incapacitation

    Points to be kept in mind while filling up PF Withdrawal Form:

    (a) Please do not select the ‘Retirement’ option as it is applicable only for associates separating by way of retirement.
    (b) If you are selecting option of ‘Going Abroad’, you will need to submit proof of going abroad ie stamped visa, tickets etc in line with PF guidelines.
    (c) If you are selecting option of ‘Permanent & Total Disablement/Incapacitation’, you will need to submit the medical documents which in turn need to be validated by TCS empanelled doctor.

  • Off course B.

  • Shiva

    Hi Anil,

    I have been part of TCS from May 2012. Currently i’m in onsite from Jan 29, 2016. Because of medical and personal reason i want to move back to India. But my manager is not allowing me to travel back. I’m planning to quit TCS at onsite and travel back on my own.If the company does not provide me the service letter is also fine with me. Could you please advise on how to proceed.

    Thank you.

  • I am able to understand your question clearly. If you want to resign and have no issue with service letter, then go ahead and resign. What is stopping you?

    On the other hand, if you resign at onsite, they will provide you a return ticket to India. They will also give you service letter irrespective of what your manager says.

  • shiva

    Hi Anil,

    Do i have to serve any notice period in India after going back? I can give a notice period of 2 weeks at Onsite.
    What all payment has to be done by me to company if any?

    Thank you.

  • There is a clause in your employment agreementto serve 90 or 60 days (don’t remember the exact one) in India.
    If you resign at onsite, they will ask you o go to India and then serve this notice period there.

    You have the option of serving 2 weeks at onsite and pay for the rest of the days. For e.g. 90-14 = 76 days Indian basic pay. This will settle your account with them and you are free to go.

  • Californian

    Hi Anil,

    I quit TCS recently while on onsite.

    Firstly, Thank you alot for this wonderful blog and forum, most of initial silly questions before quiting were answered by going through this blog.

    I have few questions after resignation.

    1) When will final settlement statement be provided ? How long usually it takes for all (Settlement, Experience Letters, Skill Letter) process to be completed ?
    2) PF related questions
    a) My Visa is expired on Dec 2015. While filling PF, Can I provide reason for withdrawal as B Going Abroad, If so will the expired Visa copy be valid
    b) If I select B, Should I still sign Declaration of Non-Emplyment. If so, should I mention the date after 2 months from resignation.
    c) After how many days can PF application be submitted
    d) I checked with Retiral team If there any alternative to submit all the retiral document other than posting to India ?
    Retiral team answer: PF withdrawal application will be submitted to TCS PF Trust and Pension withdrawal will be submitted to RPFC Bandra. We need hard copies as both concerned authorities will not accept scan copies.
    From reading the blog, it seems that Scan copies are acceptable weird

    Thank you in Advance

  • Hi Californian,
    1. The settlement would be done within a month of your last day with TCS. Register with TCS Alumni website (link given above) as they upload your F&F statement there. You will also get an email but sometimes, it lands up in spam folder. So, it is better to keep a check in your TCS alumni website.
    2 a) Expired visa copy may not work. Your new H1B approved petition copy should be attached. Also, you have to choose option B (going abroad).
    2 b) No. Since you are employed abroad, don’t sign the declaration of non-employment.
    2 c) You can submit PF application anytime but I recommend doing it after 60 days. The government rule says that you can withdraw it only after 60 days, so it is better to wait.
    2 d) I am not sure why but at the time of my application, i submitted the PF withdrawal by scanned copies and sending an email. May be, they have changed the process now. It does not matter, you can send the documents by registered USPS post. They don’t charge much and would reach India within 5-7 days.

    Let me know if you need more information.

  • Shiva

    Hi Anil, I have few more questions. Let me know how I can get in touch with you.
    Thanks,

  • Hi Shiva,
    You can write your queries in comments as ‘anonymous’.

  • Shiva

    Hi Anil,
    My worry was with the full and final settlement part.If my manager says there is a huge project loss coz of me leaving and Full and Final settlement team asking me to pay for it. I’m ready to pay with 76 days Indian basic salary.

    If I don’t go for the full n final settlement. Will it affect my PF withdrawal. ??

    Will they provide me the service letter if I don’t pay the fnf amt.??

    Thank you.

  • Hi Shiva,
    First and foremost, don NOT worry about what will your manager do. He cannot stop you, threaten you or even stop your full and final settlement. It is a big professional company and people do leave it every day at onsite.
    What your manager says is just to stop you from leaving. There is a pre-defined process that’s followed if you want to leave. Once you resign, full and final is done by corporate team and your manager has nothing to do with it.

    Earlier they used to charge $10000 as the project loss fee but I have not heard about it for about 2 years now. So, you can breathe fresh air.

    1. It is always better to follow the process and complete full and final settlement. If you give 2 weeks notice in USA, that’s considered sufficient to move out. You will only be asked to pay for 76 days Indian basic pay. That’s it.
    2. Your PF is separately handled and is NOT affected by whether you complete f&f or not. It will be paid to you in any circumstance.
    3. They will NOT provide you service letters if you do not complete f&f. Remember you will also need skill letter if you want to file green card. So, it is better to follow the process.

  • priya

    Hi,

    I have one question. My manaher no longer works with TCS. How will TCS give me the skill letter for my I 140. Do they accept letters from managers who are not xurrently in TCS. What are the alternative options to get the expierence letter?

    Thanks in advance.

  • priya

    Hi,

    I need a skill letter for my I 140. My manager is no longer with TCS. I dont know anyone currently in TCS who can verify my skills. What are the options in this case to get the skill letter from TCS. I know they asl you to get the skills approved from you PL/ GL. All of you who have received a skill letter, I would appreciate if you can share yoir expierence and steps you took to obtain the same from TCS.

    Thanks in advance.

  • priya

    Hi Raj,

    Was your I 140 approved with this format?

  • Hi Priya,
    This format is absolutely fine with i140 approval. Don’t worry.
    As a matter of fact, this letter would only be needed if your i140 case is presented for audit. As per the statistics, only 30% cases are audited and 70% pass straightway.

  • Hi Priya,
    You should reach out to the corporate team and explain your scenario. There must be someone still there from your old TCS team.
    Even the BRM or any other manager can give his/her approval. You just need to contact them.

    Don’t worry, it is a simple process, but has to be initiated by corporate HR team.
    Reach out to them at
    corporate.exempverification@tcs.com
    with your employee ID.

  • Hi Priya,
    I don’t think they will accept approval from the manager who is NOT with TCS anymore. You need to find someone who was above (than you) in the designation hierarchy and get his/her approval.
    It could be anyone who is still working with TCS.

  • priya

    Thabks for your reply. Appreciate it. Unfortunately, I don’t know anyone still in TCS from my project. Left TCS 5 years back. Please advise me on alternatives as I need this skill letter on TCS letterhead urgently. Anyone who has been in this situation please share your expierence.

    Also, Does TCS take long time to respond. I emailed them wednesday and have not heard back yet. Will they provide me woth a letter stting that they cannot provode me with a skill letter since my manaher is no longer with TCS.

  • You can send them a reminder email.

    On the other hand, if you left TCS 5 years ago, I don’t think, you even need this letter. For i140 filing, attorney will only ask for skill letter for your last 5 years of experience only.
    I have not heard any one asking for more than 5 years.

  • priya

    Yes , I was studying for 2 years and have been working for the company that is filing my GC after graduation. So that why I need Tatas Skill letter as I canmot show my current companys expierence.

  • Nate

    Hello Anil.,
    My H1B visa stamp expired with current employer, but I have a valid I-94 upto 2017 end and I got a good offer from another employer. they are going to start the H1B visa transfer in few days, meanwhile I have a doubt am I eligible for H1B transfer process either way by normal or premium visa transfer process. kindly help me on this

    Thanks in advance!

  • Yes, you can transfer.

  • Nate

    Thanks alot Anil

  • Paul

    Hi Anil,

    I have a different question to ask. I have been in US for more than 5 months now and planning for a switch to a good American company (not the so called Desi companies). For the last one month, I’ve been applying to different jobs in LinkedIn and other job portals like Dice, Monster, Indeed and CareerBuilder. I’ve also uploaded my resume in those portals. However, I haven’t received any call yet from the American companies. All I get calls from are the Desi Consulting Companies. Technology wise I’m a SharePoint and .Net developer, which have quite a demand in the market. Could you please tell me that is my approach of searching jobs in US correct? Or is there a better way which I’m not aware of?

    Thanks a lot. I would appreciate any help in this regard.

  • Hi Paul,
    You are doing the right thing. The problem is that the direct client (American Company) jobs are quite few in number and that’s the reason behind not receiving the calls.
    Keep trying and you will get a call someday.
    Also, try reaching out to your network and you will be able to find a job much faster.

    One more point is that more direct client jobs open up in first quarter of year i.e. Jan – Mar. Current season is a bit dull if compared to first quarter.
    A lot also depends on your relocation open-ess. If you are comfortable relocating anywhere in US, you might get one faster.

  • Paul

    Thanks Anil. Yes, I’m open to any location in US and it’s not a concern at all. In spite of that not getting a single call in last 30 days is what made me suspicious that whether I’m doing the right things in my job search or not. But anyway, thanks a lot for sharing your insights regarding this.

  • Raj

    Hi Kapil,

    I’m also in same boat.Could you please let me know whether TCS issued another letter?

  • Raj

    Hi Anil,

    Can I ask TCS to issue another skill letter which will match the language .I can get the supervisor approval for this .Is that ok?could you please let me know what can be best way ?

    Thanks ,
    Raj

  • Div

    Hi Anil,
    I have done MBA through distance education after joining TCS. I haven’t included that in TCS employee profile and also in H1B petition.Can you please tell while leaving TCS, in any of the documents like Experience letter, release letter or service letter, will they mention education details.

  • pramod bhat

    Hi Anil,

    This blog is very helpful. I am worried how to escape from the project loss fee.

    I am currently working for TCS client and it has been one year now. In between my husband traveled to US and TCS bore the flight charged for him.

    Now I want to go back to India but my manager is not allowing me. How to escape from this ? Will I have to pay any project loss charges ? Will they allow me to relocate to India based on family health issues ?

    Thank you.

  • If you want to go back to Indian and work from TCS there, there is no project loss fee that they will charge. I have not heard of any such fee.

    It all depends on your project environment. People do move back for various reasons. You can talk to your manager and plan the move so that he is also comfortable with the costs involved.

  • pramod bhat

    Thanks Anil. One more question. While I aim trying hard to relocate to india, if this does not happen I am planing to resign and serve 15-25 days notice period onsite and remaining in India, Will this result in project loss fee ? Would there be any issue with experience or relieving letter ?

  • 1. As per my information, they are not asking for project loss fee these days.
    2. If you resign at onsite, they will send you to India and you can serve notice there. This is the standard process.
    3. There will never be an issue with experience and relieving letters, if you do the final settlement as per the process.
    4. Even if you do not serve the notice period, you can pay the amount equivalent to the days not served, and do settlement.

  • No education details are mentioned in company letters. They just mention what you have done while working for the company. Nothing about education.

  • Div

    Thanks Anil

  • Pec

    Hi Anil,

    I’m in similar situation.

    1. I’ve valid visa until Dec 2016, with my current employer A (TCS). H1B extension is filed with A and i’ve got the receipt number.

    2. I’ve got offer from new employer B(CTS) and they’ve initiated H1B transfer on premium on 11/09/2016. I’m still waiting
    for the receipt number.

    Here’s the concern.

    My new employer B wants me to put the papers as soon as I get the receipt. Is it safe to resign with just receipt rather than waiting for approval considering the fact that new employer B has good immigration team who can handle the immigration issues like RFE, etc…. I’m afraid of the rare scenario in which I resign from A with just receipt, join B and ending with H1B transfer RFE/denial.

    I know tha H1B transfer denial is a rare scenario. But what are the options do I’ve. In case of denial, should I go back to India and can B file my H1B again after transfer denial.

  • Hi Pec,
    1. Once you resign and join company B, company A will withdraw your H1b immediately. That I know for sure.
    2. You can legally work for company B on receipt, even if you have not got the approval.
    3. Generally and in most cases, USCIS does not deny the h1b transfer directly. They will first issue RFE and give your company a chance to provide more documentation. So, you will have time to take care of it.
    4. If the H1b transfer is denied directly (without giving RFE – a rare scenario), and your company A has withdrawn it already (if not, you have the option of going back and working for company A), i am afraid that you have no option but to leave the country immediately.

  • Sushma

    Hi ,

    I have resigned TCS On Nov 23rd in USA.I have got mail from separation cell for PF .Do we still need to attach the 1 rupee revenue stamp for PF withdrawal.

  • Yes, I think so.

  • Sushma

    Hi Anil ,

    Thanks for quick reply .
    Do I need to give reason as going to abroad ?if so I think they ask for the new petition.I think if I select going to abroad no need of taking declaration for unemployment right ?

  • If you are withdrawing your pf, then I believe, it is mandatory to provide the reason and share the details.

    They only ask if you are employed or un-employed in India. If you are going out of India, they don’t care about your employment status.

  • Priyadarshi

    Hi Anil,

    I had resigned from TCS on 30th September, 2016 in Los Angeles. I had received some adjusted LA arrears amount in the following month of October from TCS. Since then there is no communications from TCS on any other processes (Settlement, Experience Letters, Skill Letter) and its already December. I am also not able to register to the TCS Alumni portal because it’s showing already registered. What should be my course of action on this and whom should I contact?

  • You should write an email to
    FFS.settlements@tcs.com
    with your employee ID.

    They will be able to help you.

  • Deep

    You need to apply directly from a company’s website if you want to be considered by them for full time. Dice, LinkedIn, Indeed would not work in most cases if you want to join as FTE. Big companies would get enough resumes from their job portal itself and no HR would bother to look in to job portals. Please make a list of companies that you are targeting, create a profile in their website and start applying.

  • Paul

    Hmm..I have never thought about it in this way. That’s a helpful tip. Thanks Deep.

  • Deep

    Hi Anil

    Do you know anyone who got the skill letter for the second time from TCS? I got skill letter for my GC, and now I need the skill letter in a slightly different format for a different purpose. I have seen ffs mentioning that it is issued only once in the email. Do you know anyone who got it for second time?

    Thanks

  • I don’t anyone who has got it for second time.
    I agree that they have mentioned that they only issue it once.

    May be, you can write to HR with your new purpose and they might issue it again.

    Also, do let me know if they do it…I would also request it!!

  • Rajesh

    Hi Anil,

    I appreciate your post and this is really helpful. I have below question(s):
    1. Does TCS issue skills letter on letter head with US office address on the footer or India address? And also does this reallymatter?
    2. My attorney recommend me experience letter with segregated job duties by date/job role and that should match with LCA on H1. Does TCS allows this?

    Thank you

  • Hi Rajesh,
    1. TCS issues letter on its letter head (Indian Mumbai Corporate headquarter address). It does not matter what address they put on it. What matters the most is that in case of audit, if the are contacted, they should be able to validate it.
    2. Yes, they do allow this.
    Here is the sample skill letter that you can expect from TCS:
    http://www.am22tech.com/sample-skill-letter-usa-green-card-labor-application/

  • Singh

    Hi Anil.
    Thanks a lot for this wonderful platform. I need you help.
    I have total 6 years exp and all in TCS. I came to USA on H1B 6 months back. My current client is ending project with TCS and giving it to another company B. I am getting offer from that company to join them and eventually work with same client. I have below questions.
    1) My client and TCS has agreement saying my client should not hire their employee directly or indirectly. I guess this is not problem as I am getting employed in company B.
    2) As per agreement I signed at India which says – I should not seek employment directly or indirectly with any client I have worked for TCS for 2 years. In this case, I am joining company B and they are putting me in same client same project. Will it be issue?
    3) I will resign once my h1b will be transferred to company B, how much time TCS take to complete settlement procedure? My BRM will go berserk once he come to know I have join Company B and working in same project with same client. Will settlement be superfast before he come to know I have join Company B with same client? Can he create legal trouble for me? and Can he stop my experience letter or make settlement very expensive? What would be the chances of getting skill certificate in this case.
    Thanking you in advance.

  • 1) No problem.
    2) I don’t think there should be any issue.
    3) I have written about timelines for settlement in above article.
    Settlement cannot be hidden or superfast as per your choice. It depends on how fast you pay the money due at your end (if any). The corporate team is pretty fast and processes it within 2-3 days once they have received the settlement amount.

    What kind of legal trouble are you taling about? If there is no legal contract between TCS and Company B, then what do you think can be legally wrong?

    Nobody can stop your experience and skill letter except you. If you do not settle the amount due to you (if any), they will not issue your letters. If you do it, they issue it within a week.

  • NewStart

    First of all happy new year to Anil and everybody in advance.

    Actually I am facing issues in getting skill letter. My previous manager and myself didn’t share a good relation, although I receiced everything without any issues from ffs 4 months ago. Just want to understand, is this possible if I can directly reach to BRM or any other person who is above my rank to get the approval. Please suggest.thanks.

  • Yes, you can reach out to anyone who was your senior to get the approval for skill letter.

  • Sushma

    Hi Anil

    I sent the filled skillset letter along with my supervisor approval .It has been almost 8 days ,there is no response even after several emails to corporate team .

  • Don’t worry. They will reply. It is getting delayed probably because of holiday season.
    You have the option of escalating the matter if you don’t receive a response within 21 days.

  • Ravi

    Who will send this skill set template ??
    After I fill that what is the next procedure to fallow ??

  • Ravi

    Who will send this skill set template ??After I fill that what is the next procedure to fallow ??
    Please do suggest me…

  • Corporate HR team will send the skill letter template.
    Reach out to them on this email: corporate.exempverification@tcs.com

    Once you have this template, fill and it email it to your BRM or supervisor or manager (anyone who was above your own designation and knows your work) for approval keeping corporate HR in CC. Once it is approved, HR will send you the signed letter over email.

  • Karun

    Hey Sushma, Did you get your skill certificate? reaching out to see response time from TCS. I have also requested skill certificate a week back and still no response.

  • Karun

    Hey Anil, what is the turnaround time to get skill certificate after sharing the format with manager approval in TCS? I have shared all the required info a week back and seen no response so far.

  • Sushma

    Hi Karun ,

    Initially i didn’t get response for a week .I called to the corporate exemp verfication team then he said he didn’t recieve the approval email which I had sent actually don’t know how he missed I had to resend it again and finally they issued within two days after I resent the approval email.

  • Once they receive the approval email, they are pretty fast and issue it within 2-3 working days.
    If you have already got the approval, just check with them if they have received it or not.

  • Sathish D.M

    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 2017 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 bond amount 5 lac 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.

  • 1. Bond amount is ONLY applicable if you resign at onsite. That too, I have heard, that they have stopped. If you move back and then resign, there is no bond amount.
    2. There could be legal issue if you join client but normally, nobody tries to go the legal way. It depends on what kind of legal agreement TCS has with the client.

  • Sathish D.M

    Thank you so much Anil. It’s valuable information for me.

  • Sri

    Does TCS revoke H1b upon release date?

  • Yes, they do revoke H1B after your last with them.

  • Sri

    Thanks for your response. If my H1 transfer not approved within that revokation, makes me out of status?

  • There could be many possible results.
    You would be out of status only if your H1B transfer gets rejected. Legally, you can start work as soon as you get the H1B transfer receipt.
    If it finally, gets approved, everything is good.
    But, if it gets rejected, you are in trouble.

    So, my advise is to NOT leave your current company unless you get the approval for H1B transfer.

  • Anonymous

    I am resigning from Onsite( and not returning to Offshore for exit formalities) and giving 4 weeks notice so that TCS can find my replacement and I can transition the activities to that person.
    But, I am confused if the TCS will pay my salary in USD or in INR for that 4 weeks notice period that I am working from onsite. Does anybody have any clue on how they do it. 🙂

  • You will get your salary in USD and on the same date that you get normally.
    The amount that gets settled in INR is the holidays and other dues, reached after you have left the organization i.e. after your last day.

  • Anonymous

    Hi Anil. Thanks a lot for the clarification! Really appreciate your help on this!

  • Priyadarshi

    Hi,

    I have a question regarding the provident fund withdrawal. I’m guessing I will be eligible under this option

    Going Abroad :

    Required documents –

    1)Current Valid VISA copy

    2)PAN Card Copy

    3)Cancelled Cheque copy of Active Indian Bank Account (Joint Account with Spouse only & No NRE Account).

    I can’t understand the third required document. Can anyone please suggest what exactly is this? I have an active Indian bank account (single holder) in my name which is not NRE. Will that work?

  • Sushma

    Ya it works I also gave the TCS salary account cancelled check

  • They simply mean that you should have an Indian account (it can be NRO though, not NRE).
    1. They have cleared mentioned NO NRE as depositing Indian rupee in NRE is NOT allowed.
    2. Your normal indian bank account will work even if you have converted it to NRO.

  • You should contact the corporate HR team and they will be able to issue you the skill letter. Did the HR deny to give skill letter on EMAIL? I have never heard of any such case. If you settle your ‘Full and final settlement’, they do NOT create any issue.

  • Imran

    Thank you Anil for your response. They had given standard letter since i was hired in US.HR was saying, standard letter was provided that tcs extends. Also my full and final settlement was completed. If i contact corporate HR, the same HR should not come ? Is it corporate HR email – corporate.exempverification@tcs.com. Please confirm and advise.

  • Yes, thats the correct email ID, that i know of.

  • Imran

    Thank u… i will reach out to them and let u know …

  • Imran

    Hi Rahul,
    Thank you for your post on this subject. It helps a lot.

    As per forum, I have contacted corporate HR(corporate.exempverification@tcs.com) for skill letter but they mentioned, they can issue skill letter for India employees, Since i was hired in US branch , they had requested to contact me local HR. But local HR is not helping or responding to my emails regarding skill letter.

    Could you please suggest any alternate solution or whom i can reach apart from local HR for skill letter.

  • Imran

    Hi Rahul,
    Thank you for your post on this subject. It helps a lot.

    As per forum, I have contacted corporate HR(corporate.exempverification@tcs.com) for skill letter but they mentioned, they can issue skill letter for India employees, Since i was hired in US branch , they had requested to contact me local HR. But local HR is not helping or responding to my emails regarding skill letter.

    Could you please suggest any alternate solution or whom i can reach apart from local HR for skill letter.

  • Not sure if there is any Rahul here. My name is Anil.

    If the only option is to contact local HR, then that’s the way to go.
    You can ask HR on why are they reluctant to provide the letter? Normally, the HR is pretty responsive in US. If you have the phone number, you can call him as well.
    or contact the TCS’s regional office in US.

  • Imran

    Sorry Anil, my bad.

    Local HR is not helping and denying to give the letter. As per her email – they can only give standard letter(already provided)..but not skill letter.

    Do u have any other suggestion?

  • I am not really sure who else can issue the skill letter.
    If they are denying, can you escalate the matter to his/her manager and ask ‘Why can’t they issue the letter’?

  • Srinivas N

    Hi Anil,

    I have exited from TCS already.
    Somehow I missed to complete the formality during my exit to get the Skill certificate.
    Do you have any idea how this can be done now ?

    Is that the same procedure of sending the approval mail from Manager to TCS team ?
    Or will the approval from team lead work instead of manager ?

    Thanks in advance!!

  • Normally, they ask for an approval from BRM (onsite) or the Reporting manager India who is 2 level above than your designation. You can try though with your PL approval though.

  • mugunth chandran

    Hi Sushma,

    What is the contact no of corporate exemp verfication team?

  • NewStart

    Hi Anil,
    I am sure you are doing good, I have couple of questions regarding skill letter.
    1. Does its mandatory to get skill letter from all previous companies where I worked earlier before TCS. As I have good amount of total work experience and also its a pretty decent long time that I am not in touch with my previous companies manager, so just want to know your thought on this. I am not sure whether they already left the company or will be willing to share the skill letter.
    2. Also one of my previous company already went out of business and not sure whether it make sense to show the experience for that company while filing PERM.
    3. Does its mandatory to show all of my previous work experience while filing PERM or I can just show my experience for TCS with skill letter. Please suggest.

  • You only need last 5 years worth of skill letter.
    And this letter is ONLY needed (or will be required) if your PERM case is audited.
    These days, all attorneys ask to have this letter before filing PERM to reply to audit queries quickly later (only if audited).
    Note that only about 30% of PERM applications are audited.

  • Saritha

    First of all I need to appreciate your work. I got almost all of the answer to my questions.
    Now coming to my query: Currently my LCA in process with the present employer. I’m thought of trying for new job i have concern like If I get new job from a different location. what will happen to my existing petion and how to proceed further. Please provider your suggestion wheather I should wait to get my current LCA petion to proceed further.
    Thank in Advance n thanks a ton for this page:)

  • Your question is not clear about what your current situation is.
    Have you applied for a H1B transfer and thinking about applying for another H1B transfer to 3rd company?

  • Saritha sathish

    Hi Anil,
    First of all I need to appreciate your work. I got almost all of the answer to my questions. now coming to my query: Currently my LCA in process with the present employer. I’m thought of trying for new job i have concern like If I get new job from a different location. what will happen to my existing petion and how to proceed further. Please provider your suggestion wheather I should wait to get my current LCA petion to proceed further.
    Thank in Advance n thanks a ton for this page:)

  • Your question is not clear.
    Is this LCA for new H1B transfer or just for a location change for a project?
    Have you applied for a H1B transfer and thinking about applying for another H1B transfer to 3rd company?

  • Saritha sathish

    Thanks for reply Anil!

    Is this LCA for new H1B transfer or just for a location change for a project?
    Just location change for a project Anil.

    Have you applied for a H1B transfer and thinking about applying for another H1B transfer to 3rd company?
    No I didn’t apply any H1B transfer. I’m working for my ABC employer from 2015 to now. A month back I changed my location for a new project to the same ABC employer for that my LCA is in process …. I’m Planning to moveout from the ABC employer. I have doubt like If my new employer give me a project in new location . Will processing LCA get conflict with new LCA?. my current H1B expires on august 2018

  • If you are changing the location, then most probably your H1B amendment is in process too.
    You can apply a new LCA for H1B transfer. There is no issue.

    So, if you do this, you will have 2 separate H1B applications in process at the same time.

  • Saritha sathish

    Thank you so much Anil.
    This information help me better .
    Once again Thanks Anil:)

  • Dhaval

    I came to India from US on personal emergency at my own ticket cost. I resigned from TCS after coming to India. I will be returning to US and will work for TCS for 1 week. Do I need to complete exit formalities from India or can I complete from US ?

  • Ameen

    With regards to Experience Certificate i.e Skill Certificate please connect to corporate.exempverification@tcs.com after your dues is cleared.

  • You have to consult HR on what and how they want to handle this.

  • NewStart

    Hi Anil,

    Is this possible , if HR / Corporate HR Team can directly reach to my supervisor for the approval of experience certificate, as my supervisor and myself are not touch from past couple of years and I don’t want to initiate any conversation with him. So please let me know if somebody has done this earlier. Thanks

  • As far as I know, HR asks you to get in touch with your supervisor and get the approvals.
    You can send an email to both HR and your supervisor and ask for approval.

    This is a professional work and they should have no issues doing it.

  • NewStart

    Thanks, does it is mandatory to get approval from my supervisor, can I get approval from my friend who is above them my designation. Please note : he was not in my team and I didn’t reported to him. Please suggest, as I don’t want to start conversation with my supervisor again and remember my worst years of my life.

  • Hi,
    I cannot really change the rules that HR has set in TCS. What they tell is that you can get approval from anyone who was in same business unit (that you worked in) and that person should be two levels up in designation as you.
    That’s what i know.

    You can try getting approval from your friend and see if it works.

  • John

    For local employees pls contact…corporate.ffs@tcs.com and they will issue skill letter

  • NewStart

    Dear Anil,

    I do have received my Experience / Skill Letter from Corporate HR Team based upon Skill letter template. But now my Attorney requires a more elaborate version of experience letter since i got promoted couple of times in TCS. Please let me know how can I tackle this situation with Corporate HR. Thanks.

  • Normally, they do not entertain any requests.
    You can call and talk to the HR representative to check if they can accommodate your changes.

    Otherwise, your attorney will know ways to make adjustments.