NEW THREAD FOR 420 -CSOFT-NJ based company

[cstvictim]

My Situation With Regard to my Status in the USA

Hi UN/Other Gurus,

I worked for x company till May 2004 who had my H1 valid till 09/30/2004. I had my visa stamped on the basis of that H1 which was valid till 09/30/2004.

In May 2004 Cybersoftec applied for my H1 which was approved till 03/17/2007. My EAD was not approved and needless to say that I always worked on H1 only. After all I140/I485 denied in Oct, 2005 I changed to another employer (not my previous employer x). The employer applied for my H1 which I got with I94 valid till 10/25/2006.

So, I don't have visa stamped yet after the old one which expired on 09/30/2004. Now:

1. Should I excerciese auto-validation (travelling into Canada and come back), though I don't have valid visa stamping.

2. Should I get visa stamped from Canada/Mexico etc. or from my home country India?

3. Or I don't need to go for above options -- my status in USA is fine.

Thanks

 

[blocklisted200]

Best option is get visa stamped

Best option is goto canada and get visa stamp and enter into USA with new 1-94.This will clear all your issues and you will get peace of mind.In future also,nobody will point you.

One of my friend he has H1B approved without i-94 and only 4 months left on i-94.Then he went canada and got visa stamped.

Even for me also same issue.I have valid i-94 and i filed 485 through new company.Once i got denial letter on my 485 and LUD on my Cybersoftec H1B case.I went to canada and got visa stamped with new company and entered into USA with new i-94.

FYI:By that time i will get denial letter from USCIS,i got new H1B approval from new company through premimum processing.

 

[dyingforgc]

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.

no new I-94 for auto revalidation. however not having new I-94 wouldn't have any issue. If you want to be extra cautious, save receipts/proof of your canada visit. If you don't have canadian PR, you will have stamp in passport from canadian custom when you cross the bridge and enter canada, which will be a major evidence of your visit. As I mentioned before auto revalidation would be a safest bet.

 

[victimof]

Thankyou..dyingforgc

no new I-94 for auto revalidation. however not having new I-94 wouldn't have any issue. If you want to be extra cautious, save receipts/proof of your canada visit. If you don't have canadian PR, you will have stamp in passport from canadian custom when you cross the bridge and enter canada, which will be a major evidence of your visit. As I mentioned before auto revalidation would be a safest bet.

Thanks very much for your clarifications.I am planning to go Canada for Auto revalidation by Feb Ending.

 

[hurricane345]

Do we need pay stubs in Canada for Visa stamping

Best option is goto canada and get visa stamp and enter into USA with new 1-94.This will clear all your issues and you will get peace of mind.In future also,nobody will point you.

One of my friend he has H1B approved without i-94 and only 4 months left on i-94.Then he went canada and got visa stamped.

Even for me also same issue.I have valid i-94 and i filed 485 through new company.Once i got denial letter on my 485 and LUD on my Cybersoftec H1B case.I went to canada and got visa stamped with new company and entered into USA with new i-94.

FYI:By that time i will get denial letter from USCIS,i got new H1B approval from new company through premimum processing.

------------------------------------------------------------
Hi ,
If we get without I-94.we can not take pay stubs.Do we need
pay stubs in Canada for Visa stamping.

Thanks

 

[blocklisted200]

No need

No need paystubs.My friend didn't showed it.HE got stamped also.

 

[sap_consult2000]

Successful Stamping In Mexico

Hi Guys,

Myself and my family had a successful visit to Mexico( Matamoros) last week and changed our status back to H1B/H4 after working for C company on EAD.This was possible due to a new H1B approval obtained in Dec from my earlier employer based on my pending labor filed in 2003.

We also got new I 94's.

The whole experience was a pleasant one and did not face any problem either at the consulate or at the Port of Entry.

I used the services of the following law firm for my Mexico trip and also the services of www.mexico-assistance.com

HUYNH LAW FIRM P.C.
100 N. Central Expressway, Suite 500
Richardson, Texas 75080
Tel: (972) 992-8181 E-Fax: (866) 244-4052
E-Mail: bdhimmigration@yahoo.com
www.bdhimmigration.com

Good luck all the victims.

 

[hurricane345]

Hi Guys,

Myself and my family had a successful visit to Mexico( Matamoros) last week and changed our status back to H1B/H4 after working for C company on EAD.This was possible due to a new H1B approval obtained in Dec from my earlier employer based on my pending labor filed in 2003.

We also got new I 94's.

The whole experience was a pleasant one and did not face any problem either at the consulate or at the Port of Entry.

I used the services of the following law firm for my Mexico trip and also the services of www.mexico-assistance.com

HUYNH LAW FIRM P.C.
100 N. Central Expressway, Suite 500
Richardson, Texas 75080
Tel: (972) 992-8181 E-Fax: (866) 244-4052
E-Mail: bdhimmigration@yahoo.com
www.bdhimmigration.com

Good luck all the victims.

----------------------------------------------------------------------
Hi,
If possible could you provide docs you provided to consulate.
Thanks

 

[HuynhLawFirm]

Resolving Visa Stamping in Matamoros, Mexico

Hi Guys,

Myself and my family had a successful visit to Mexico( Matamoros) last week and changed our status back to H1B/H4 after working for C company on EAD.This was possible due to a new H1B approval obtained in Dec from my earlier employer based on my pending labor filed in 2003.

We also got new I 94's.

The whole experience was a pleasant one and did not face any problem either at the consulate or at the Port of Entry.

I used the services of the following law firm for my Mexico trip and also the services of www.mexico-assistance.com

HUYNH LAW FIRM P.C.
100 N. Central Expressway, Suite 500
Richardson, Texas 75080
Tel: (972) 992-8181 E-Fax: (866) 244-4052
E-Mail: bdhimmigration@yahoo.com
www.bdhimmigration.com

Good luck all the victims.

_____________________________________________

Hello everyone: My name is Ben D. Huynh, and I am the head attorney for the Huynh Law Firm. I had the priviledge of accompanying "SAP Consult 2000" and his wonderful family to the U.S. Consulate-Matamoros, Mexico for their successful H-1B/H-4 stamping last week despite the family being victimized by the Cybersoftec fraud.

PLEASE NOTE the general rule is that anyone who has been "out of status" or had other immigration issues (even when it's not your fault!!) typically has to return to one's "home" U.S. consulate (Mumbai, Chennai, etc.) for the new non-immigrant visa stamp (i.e. H-1B). But we all know that the U.S. Consulates in India are some of the most difficult U.S. consulates in the world.

Due to my ten year working relationship with the U.S. Consulate-Matamoros and professionalism (i.e. bringing organized visa stamp applicants whom I thoroughly prepared and screened), I was able to work with the U.S. Consulate-Matamoros to "pre-screen" Mr. SAP Consult 2000 and his family PRIOR to their actual appointment. This (Cybersoftec fraud) is an exceptional circumstance so it's NOT just about having the right documents, etc. You need to prepare the U.S. Consulate-Matamoros prior to your appointment. So I would highly recommend the ones who have been victimized do NOT attempt to go to Matamoros without attorney representation. Unfortunately, there would a high chance of denial without my preparation PRIOR to your appointment. Then if you are denied, you may have to return directly to India from Mexico.

I can ensure a high probability of your visa stamp approval in Matamoros even if you've been victimized by Cybersoftec. Let me know if you have any questions (my contact is above). Thanks! Ben Huynh

 

[Nadi]

So many guys are thriving on POOR guys ... Employers --- Attorneys --- and now some consulate helpers ....

Well I all inspite of taking big time $$$ they make ... do more harm then help.

 

[HuynhLawFirm]

So many guys are thriving on POOR guys ... Employers --- Attorneys --- and now some consulate helpers ....

Well I all inspite of taking big time $$$ they make ... do more harm then help.

Nadi: I hope you are not implying all attorneys and consular assistance services are crooks. It's all about reputation. I'm a 10th year immigration attorney who used to be Motorola's in-house counsel, so my reputation is very important to me. And I am sincere about assisting people. The problem I see in the Indian foreign national community is the tendency to use inexperienced Indian-American attorneys who dabble in immigration. Immigration law is a very specialized field.

I would highly advise you to check the sources before making frivolous, biased comments bordering on libel. For example, check out Mexico Assistance Services' website and see all the positive comments. Yes, there are many BAD attorneys, employers and others out there, so one needs to check them out first before hiring them.

 

[sap_consult2000]

Re-Stamping in Mexico

Nadi: I hope you are not implying all attorneys and consular assistance services are crooks. It's all about reputation. I'm a 10th year immigration attorney who used to be Motorola's in-house counsel, so my reputation is very important to me. And I am sincere about assisting people. The problem I see in the Indian foreign national community is the tendency to use inexperienced Indian-American attorneys who dabble in immigration. Immigration law is a very specialized field.

I would highly advise you to check the sources before making frivolous, biased comments bordering on libel. For example, check out Mexico Assistance Services' website and see all the positive comments. Yes, there are many BAD attorneys, employers and others out there, so one needs to check them out first before hiring them.

Hello All,

We had excellent assistance from Ben Nguen and the success of any particular case depends on the case status and the assessment from the attorney.

As far as my case is concerned everything worked out good thanks to diligent work from the attorney.

I am not making a marketing pitch here as this was my first interaction with him

 

[D90210]

All

Can anyone tell me what is the fees for filing MTR(Motion To Reopen).

 

[fckdupcsoft]

$385

 

[uts2004]

I-94 Submission

United Nations,

I moved to Canada from US.
When I travelled, the airline people did not take my I-94. Now, how should I send the same to US immigration ? is there an address I can mail the same to them, with the proof of my travelling date ?
I can send them a copy of my passport page with Canadian immigration's stamp as a proof of travelling date (outside US).


thanks.

 

[blocklisted200]

How to get a copy of labor certification? how do i know it was already used?

--------------------------------------------------------------------------------

Hi all,

How do i get copy of labor certficate which i filed in Jan'2001 and approved on sept'2003?.
And also How do i know,that labor already used by soemone?.

I think i can answer for my second question by calling and talking with my previous company smartley.But,i will call after Labor sustitution rule elimination date is annonced.

If they say we didn't used it.I don't have any information about that labor.Can i get copy from somewhere else?.

I filed my new 485 on Sept'2005 which has Priority date of JUne'2005.I want utilize this chance of using PD's.

 

[RippedOfByCS]

UN / Pralay / Others,

Some of us here have I40 and 485 still pending (mainly in Texas) from Cyber.
Our records are good and havent done anything wrong.

What can we do to withdraw these petitions, so a denial notice or bad remarks doesnt go into our USCIS records because of Cyber's fault.

Some of us actually tried to reach Cyber Attorney Bhatia abt this, but he doesnt respond.

Thank You

 

[pralay]

Some of us here have I40 and 485 still pending (mainly in Texas) from Cyber.
Our records are good and havent done anything wrong.

What can we do to withdraw these petitions, so a denial notice or bad remarks doesnt go into our USCIS records because of Cyber's fault.

When it comes to GC process, I-485 denial is not going to put "bad record" againt you, because the reason I-485 is denied (or will be denied) because underlying I-140 was invalid/denied. And I-140 is not your petition, but employer's.
You can put "bad record" against your name by violating immigration laws - like visa overstaying, working illegally, staying in USA with out-of-status etc. I-485 denial is not violation of immigration laws.

Some of us actually tried to reach Cyber Attorney Bhatia abt this, but he doesnt respond.

Because he is a crook too. Attornies need certains ethics in their profession. I don't think he has that. I have a gutt feeling that he knew very well about all the illegal acitivites commited by Mr. Mandalapa. Any victim, who tried contact him regarding this issue and did not get response, should complain to NY bar association so that he loses his license soon.

 

[ajay_sanghvi]

A general warning to everyone.

Many people who have gotten denied from this company have seeked substitute labor to either get 7th year extensions or for whatever purpose.

Surprisingly there was an abundance of substitute labors.

A few people have called me and told me they could get the labor from this company or another company. I want to warn you that USCIS is adding up all pending/approved I-140's for purposes of determining ability to pay. Be very careful in using substitute labor; especially in nebraska and california service centers.

Three separate people talked to me and asked me about a certain company (this company is not an infamous company). Appears they had some substitute labors. I was shocked that they were using this because I personally got one of their cases approved last year after denial.

A few months later; Attorney sent me five cases that were denied from appeals office for ability to pay. This is the same company some people have approached me about with regards to using substitute labor. It is unconscionable from Attorney and company to do this when they have track record of getting denials.

Please note this is just a random company but for some reason it is a small world. Do not call me and ask me about the company. Just use your own judgment and discretion in substitute labors. Ask company and especially attorney if company has received ability to pay denials. Although Attorney doesn't need to tell you; they can't lie to you. If they beat around the bush then run away.

With perm and how fast the approvals are coming and how fast service centers are approving I-140's; it is better and safer to take the conservative approach.

I know I am not telling you anything you don't know but sometimes it is good to put in writing what you may be thinking.

UN,
As you know, I work for a fortune 500 company. My labor is pending since april 2002. It is currently lost in PBEC. You are also aware that my I485 from CST was denied.

Question: My company has a few approved labors from mid 2002. Would it be ok to use one of the approved labors and file I140... basically substitution. What are the pros and cons of using a substituted labor?
Once my labor is approved, can my company ask USCIS to change the labor certificate for my case (remove the substituted labor and use my approved labor).

Thanks in advance.

 

[lostbattle]

Hi UN & friends,
I have been waiting for the denial letter for the last 2 weeks but have not received any letter. Customer Service says the same message as appears online that its taking X days to process etc.

How do I know whats happening in my case? My case is filed from Laguna Hills,CA. If I need info pass do I have to go to Laguna Hills??

Hi Friends,
Since I did not get any denial letter till date I made an appt with immigration officer in local USCIS office using the online facility. The officer told me that my 140-485 are denied on the same date when I saw the LUD changes. He was surprised I did not receive the denial letters yet since there was no address change etc at my end. So its a closed chapter now..

I got my H1 transfer approved in regular processing. It took almost 90 days in California since I applied in Nov05.