NEW THREAD FOR 420 -CSOFT-NJ based company

Hi,

Here in Connecticut DMV, they will send our H1 B to INS to verify our status After waiting 2 hours there, I have been told that , I am out of status.

I talked to United Nations and want to share with all of you about his Suggestion.
(United Nations !! thanks a lot for clarifying this for me).
United Nations told me to get infopass and talk to immigration officer.
He feels that I am Ok and I shouldn't go out of status and INS might have looked in to my 140 & 485 denails with CSOFT and have not looked into my valid H1B from present employer.

So, I am going to take infopass and I will share My exp...

Thanks
NoGC.
 
Last edited by a moderator:
unitednations said:
After talking to nogc, it seems that Connecticut goes one step further and actually verifies the documents with USCIS. (looking at hardcopy isn't good enough).
Click to expand...

California do the same. However, CA DMV issues temporay paper license which is valid for two months. Once they verify immigration status, which can takes months, they send actual driver license card.
 
Is it a problem?

Hi UN/Pralay/Tammy

My last H1 was valid upto November 17, 2005 with employer A. On June 1st 2005 CSOFT applied for H1 and I joined them. RFE issued, didn't replied RFE since by that everything uncovered. On October 26th new employer X filed for H1 transfer.

Now, on Jan 31st, 2006 CSOFT H1 got denied. I don't know whether my earlier employer A had withdrawn his h1 or not? On Feb 5th, 2006 H1 of new company X got approved with I-94 card but the date mentioned is valid from Feb 5th 2006 to Dec. 12 2006.

The question is about the my out of status period?
1. Am I and dependent are out of status for the period from June 1st to Feb 5?
2. Am I and dependent are out of status for the period from Nov 17 to Feb 5?
3. Am I and dependent are out of status for the period when my old employer withdrawn his h1 to Oct 26 - when new employer x filed the H1?

4. What are the implications in worst case scenario of max out of status period?
5. How it'll affect my green card process with new employer (I-140 applied on substitute labor)
 
Thanks
BTW, I didn't had EAD but 485 was pending until Oct 7, 2005.
Is there any option to straight it out? should I take guidance from attorney?
 
unitednations said:
not much you can do about it now.

since you may have accrued unlawful prescence since either October 7, 2005 or November 2005 when your I-94 card expired then you are carrying out of stauts/illegal time with you that would get added towards the six months that keeps you safe for future 485.

If you leave the counry (auto revalidation) and re-enter then you would wipe out this out of status/illegal prescence and get fresh six months. (note: six months under 245k resets everytime you leave and re-enter the country).
Click to expand...
Thanks God, There is still hope.
My priority date for recently filed I-140 is April 2002, so it's long way for I-485.
I'm planning to go to India in June/July this year.
At the time of re-validation in Mumbai, will there be any issue?
If I go earlier than June/July will make difference?
 
csoftvictim said:
Hi UN/Pralay/Tammy

My last H1 was valid upto November 17, 2005 with employer A. On June 1st 2005 CSOFT applied for H1 and I joined them. RFE issued, didn't replied RFE since by that everything uncovered. On October 26th new employer X filed for H1 transfer.

Now, on Jan 31st, 2006 CSOFT H1 got denied. I don't know whether my earlier employer A had withdrawn his h1 or not? On Feb 5th, 2006 H1 of new company X got approved with I-94 card but the date mentioned is valid from Feb 5th 2006 to Dec. 12 2006.
Click to expand...

Will U be completing Ur 6th year on Dec 12,2006.
I think U are safe as U got Ur I-94 card and generally in such case they pardon all Ur previous status problem. Going out of country for revalidation is not required in Ur case .... well if that gives U peace of mind .. go ahead. But be sure to take an advance appointment at the consulate .. the wait time might be months.

Good luck
 
UN/Pralay/Tammy Please answer this

Originally Posted by csoftvictim
Hi UN/Pralay/Tammy

My last H1 was valid upto November 17, 2005 with employer A. On June 1st 2005 CSOFT applied for H1 and I joined them. RFE issued, didn't replied RFE since by that everything uncovered. On October 26th new employer X filed for H1 transfer.

Now, on Jan 31st, 2006 CSOFT H1 got denied. I don't know whether my earlier employer A had withdrawn his h1 or not? On Feb 5th, 2006 H1 of new company X got approved with I-94 card but the date mentioned is valid from Feb 5th 2006 to Dec. 12 2006.

The question is about the my out of status period?
1. Am I and dependent are out of status for the period from June 1st to Feb 5?
2. Am I and dependent are out of status for the period from Nov 17 to Feb 5?
3. Am I and dependent are out of status for the period when my old employer withdrawn his h1 to Oct 26 - when new employer x filed the H1?

4. What are the implications in worst case scenario of max out of status period?
5. How it'll affect my green card process with new employer (I-140 applied on substitute labor)


There has been a few postings similar to this which caused problems at the 485 stage.

There were a few people who received 485 denials saying they were out of status more then 180 days before they filed 485.

There situation was this:

H-1 expired June 2004
They filed transfer/extension on May 2004

Sometime a round December 2004 with transfer/extension still pending they filed another transfer with new company. New company h-1 got approved in January 2005 (since the bridge extension hadn't been approved yet, they received validity date from january 2005).

Afterwards the transfer/extension filed on May 2004 was denied. USCIS position was that since "bridge" extension was denied then person was not in H-1b status from expiry of June 2004 until January 2005 and weren't able to adjust status.

In your case since you had an I-94 valid until November 2005 then the maximum that they can consider you out of status is from November 2005 until January 2005 which would be less then six months and you would still be eligible for adjustment of status.

Now in worse case scenario if bridge got denied (cybersoftec) and they decided that during this period it was unauthorized work then that would cause you problems since it could be that you worked more then six months without authorization (this is very remote but if they consider you out of status during the bridge period that eventually gets denied then I don't see why they wouldn't consider it unauthorized work also).

Before anyone gets heart attacks; if you had an EAD and 485 pending during this bridge period then it wouldn't be considered out of status time. At a minimum it would be considered out of status from the date of 485 denial until you received new I-94 card from new h-1.






I had my H1b petition valid till June 06.I transferred to cybersoftec during march 02 and cybersoftec applief for my h1b during feb 02.No news of H1b till now.I joined my previous employer since he had not cancelled my H1b.I applied for extension as i had 1 more yr left on H1b and got H1b Approval with i-94 card till June 07.Will I be out of status if H1b from Cybersoftec got/gets rejected.I am planning to to go to Chennai Consulate during June/July this year.Please help
 
csoftvictim said:
Thanks God, There is still hope.
My priority date for recently filed I-140 is April 2002, so it's long way for I-485.
I'm planning to go to India in June/July this year.
At the time of re-validation in Mumbai, will there be any issue?
If I go earlier than June/July will make difference?
Click to expand...

You should use Auto revalidation. which is much safer than going for stamping. go to canada/mexica and get back on status. you should do this immediately.

here is some info. for you http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html
 
satishgc said:
On October 26th new employer X filed for H1 transfer.

Now, on Jan 31st, 2006 CSOFT H1 got denied. I don't know whether my earlier employer A had withdrawn his h1 or not? On Feb 5th, 2006 H1 of new company X got approved with I-94 card but the date mentioned is valid from Feb 5th 2006 to Dec. 12 2006.
Click to expand...

Although approval date is Feb 5 your H1 is valid from 0ctober 26 it self. Former INS allowed joining the new company without waiting for approval.

You moved to new company well before it was denied. So it should not be a problem.
But Talk to some competent attorney. If it needs to fix up you have to do it fast.
 
unitednations said:
you should either get it corrected or USCIS didn't make a mistake.

You are only eligible to get the approval date the date you filed it if you met the conditions of H-1b portability. If they don't think you met the conditions of portability then they will not date it to the date that you filed the application.
Click to expand...
USCIS puts the approval date as start date. I have verified this five other colleagues of mine. One of them sent it for correction in April last year. No response until now.

Even we can verify with people here on the forum.
 
unitednations said:
you should either get it corrected or USCIS didn't make a mistake.

You are only eligible to get the approval date the date you filed it if you met the conditions of H-1b portability. If they don't think you met the conditions of portability then they will not date it to the date that you filed the application.
Click to expand...

The approval notice will have the status effective date from the date of approval. It also will have the receipt date so if the receipt date is before the previous status expiry date we should be. But as you said if there is a bridge petition in between and if it don't get approved or is not approvable at the time of filing then there is problem. Normally they dont approve the subsequent petition unless the petition filed before the expiry of status is approvable.
 
Labor sustituion elimination from April06

Hi guys,

Labor sustitution is going to eliminating some time this year.So,is this effect already filed 140 cases using labor sustitution or only people who are going to file on or after rule is effective.
 
If your 140 using labor substitution is not cleared at the time of effective date then its a problem for you
blocklisted200 said:
Hi guys,

Labor sustitution is going to eliminating some time this year.So,is this effect already filed 140 cases using labor sustitution or only people who are going to file on or after rule is effective.
Click to expand...
 
Then it is big issue with USCIS right?

IF USCIS doesn't accept already filed 140 cases even after effective date.IT is a big issue?.IT will face serious challenge in Courts.Because,there are thousands of cases filed on this criteria and also USCIS has to return our money back which they credited for 140/485 to all the people.

THIS KIND OF SITUATION NEVER HAPPENED BEFORE.MAY BE THIS ISSUE WILL RAISE ON COMMENT PERIOD.
 
UN can you please shed some more light on this

Does Dallas add up the net profit/revenue available for a particular company when it comes to ability to pay?

I remember you saying Vermont and California add up saying if you have 10 dollars in revenue and
if a company is applying for 20 people then it comes back saying the 10 dollars have been consumed by previous 10
applications

Why does this differ from service center to service center.
 
I understand UN what you are saying.
How to find out that whether second H1 has effective date more then six months after the expiry of H1.
I don't know USCIS is considering which date as last valid date (Last I-94 expiry date -Nov 17, Denied H1 (bridge) filing date - June 1st, Last approved H1 filing date - Oct 26).

I searched on so many web sites but no one has this date scenario. Every one says If you are in status you get I-94 otherwise not. No one says that you can get I-94 with different validity date for these reasons and these are the steps you should take now.

As one other forum member suggested can I go to Canada or Mexico for auto-revalidation? I read somewhere that once you are out of status, you have to go to country of domicile, i.e India in my case.

<<< unitednations
Yes, USCIS isn't supposed to approve a second h-1b until the bridge is approved. However, they are doing it and it could cause a problem if the approval of the second h-1b has effective date more then six months after the expiry of your h-1 and the bridge didn't get approved. >>>
 
UN/Other Gurus....Need help...please reply

I am one of the victim of this company.I was following this forum for quite a while.I would like to explain my situation and need some help in decision making.
I joined CST in Feb2005.
I worked for them on EAD.At that time i had my previous employer H1 valid till may2006 with I94.
On Oct 3rd ,i moved to my Previous employer after knowing all this denials.
After a week i recieved Denail letter of my I485 dated sep 30 2005.
My Previous employer who had my Labor PD 02/2004, applied for my 7th yr extension in Jan 2006 and i got 7th year extension with I94 till May2007.

My concern is that do i need to go out of the country and get stamped with in 180 days after denial.Or do i need to go for Auto revalidation.
I was told that its ok to stay as i got My I94.
I am also concerned about my future application of I140 and I485.Does my situation effect me future.

Thanks in Advance for your Reply
Victimof :confused:
 
victimof said:
My concern is that do i need to go out of the country and get stamped with in 180 days after denial.Or do i need to go for Auto revalidation.
Click to expand...
Use auto revalidation. It's a safe bet.
 
dyingforgc said:
Use auto revalidation. It's a safe bet.
Click to expand...
If i go for Auto revalidation.Will they provide new I94.(I am having Valid I94 till May 2007).
Or they will enter any information at Port of Entry.
 
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