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NEW THREAD FOR 420 -CSOFT-NJ based company
- Thread starter blocklisted200
- Start date
dyingforgc
Registered Users (C)
cyber911 said:received another email from K. guys check ur inbox.
yes. we know. any point in discussing? no value.
Yes, At least I am forwarding the mail to DOL agent
dyingforgc said:yes. we know. any point in discussing? no value.
csoftvictim
Registered Users (C)
Please help me to clarify
Hi UN
I have asked this earlier and Pralay replied also but still not clear to me.
My last valid H1B including I-94 (filed by my previous employer) is expiring on Nov. 17th completing my 6th year.
I don't know after joining "C" on June 1st, My previous employer has cancelled my H1 or not?
I joined "C" on June 1st. "C" had applied for my H1 on May 20th.
In July RFE was issued and "C" replied the RFE.
On Sept. 15 again RFE is issued (They are not giving the copy of it)
With my previos employer LCA is pending since Dec 2003.
I have contacted the attorney and she said that I must adjudicate (approve) the pending H1 with "C" to get H1 from previous employer or any other employer since they are going to file the H1 transfer from Mid Oct. and not from June 1st. She is saying that you must have approved H1 from June 1st to the date I join another employer.
One company has the approved LCA (not previous employer) so I want to go with that. They want me to join immediately not after the approval of H1 of "C". Another thing is they are not ready to file I-140 first and get extension on that.
Is it possible to join this new company and file H1 from mid Oct while H1 is pending since last four months. I have paystubs from "C" except Sept. Is there any complications?
How can I get 7th year extension if I don't have Case# or screen shot as a evidence of Pending LCA.
If I'll ask to my previous employer, they'll ask to join them and I'll stuck there for few years.
My attorney is the same one who is my previous employer's attorney. I guess she has knowledge about all cases filed by my previos employer. can she use that knowledge without my previous employer's consent?
Thanks
Hi UN
I have asked this earlier and Pralay replied also but still not clear to me.
My last valid H1B including I-94 (filed by my previous employer) is expiring on Nov. 17th completing my 6th year.
I don't know after joining "C" on June 1st, My previous employer has cancelled my H1 or not?
I joined "C" on June 1st. "C" had applied for my H1 on May 20th.
In July RFE was issued and "C" replied the RFE.
On Sept. 15 again RFE is issued (They are not giving the copy of it)
With my previos employer LCA is pending since Dec 2003.
I have contacted the attorney and she said that I must adjudicate (approve) the pending H1 with "C" to get H1 from previous employer or any other employer since they are going to file the H1 transfer from Mid Oct. and not from June 1st. She is saying that you must have approved H1 from June 1st to the date I join another employer.
One company has the approved LCA (not previous employer) so I want to go with that. They want me to join immediately not after the approval of H1 of "C". Another thing is they are not ready to file I-140 first and get extension on that.
Is it possible to join this new company and file H1 from mid Oct while H1 is pending since last four months. I have paystubs from "C" except Sept. Is there any complications?
How can I get 7th year extension if I don't have Case# or screen shot as a evidence of Pending LCA.
If I'll ask to my previous employer, they'll ask to join them and I'll stuck there for few years.
My attorney is the same one who is my previous employer's attorney. I guess she has knowledge about all cases filed by my previos employer. can she use that knowledge without my previous employer's consent?
Thanks
dyingforgc
Registered Users (C)
mithragc said:Yes, At least I am forwarding the mail to DOL agent
Great. I meant no point in discussing emails in the forum. no value. unless you want this one more thread get deleted by admin. In past deleted threads we lost hefty amount of very useful information. please refrain from pasting emails in this thread.
What about the salary of September
Hi Guys,
It is already 11th today. What about the slary of Septmber? I have mailed several times for the salary no replies? Please share your actions please.
At least this issue can be brought immidaitely to labor dept. N has to pay us immediately no matter he gets payment from the clients. We submited timesheets in time.
Thanks
Hi Guys,
It is already 11th today. What about the slary of Septmber? I have mailed several times for the salary no replies? Please share your actions please.
At least this issue can be brought immidaitely to labor dept. N has to pay us immediately no matter he gets payment from the clients. We submited timesheets in time.
Thanks
NewVictim2005
Registered Users (C)
csoftvictim said:Hi UN
I have asked this earlier and Pralay replied also but still not clear to me.
My last valid H1B including I-94 (filed by my previous employer) is expiring on Nov. 17th completing my 6th year.
I don't know after joining "C" on June 1st, My previous employer has cancelled my H1 or not?
I joined "C" on June 1st. "C" had applied for my H1 on May 20th.
In July RFE was issued and "C" replied the RFE.
On Sept. 15 again RFE is issued (They are not giving the copy of it)
With my previos employer LCA is pending since Dec 2003.
I have contacted the attorney and she said that I must adjudicate (approve) the pending H1 with "C" to get H1 from previous employer or any other employer since they are going to file the H1 transfer from Mid Oct. and not from June 1st. She is saying that you must have approved H1 from June 1st to the date I join another employer.
One company has the approved LCA (not previous employer) so I want to go with that. They want me to join immediately not after the approval of H1 of "C". Another thing is they are not ready to file I-140 first and get extension on that.
Is it possible to join this new company and file H1 from mid Oct while H1 is pending since last four months. I have paystubs from "C" except Sept. Is there any complications?
How can I get 7th year extension if I don't have Case# or screen shot as a evidence of Pending LCA.
If I'll ask to my previous employer, they'll ask to join them and I'll stuck there for few years.
My attorney is the same one who is my previous employer's attorney. I guess she has knowledge about all cases filed by my previos employer. can she use that knowledge without my previous employer's consent?
Thanks
Normallly desi employers wont cancel the H1s. So the best option will be to go back to your old employer and file for extension. You dont need cst approval, as you have valid I94 upto Nov 17th. This 4 months work done for cst may be considered as unauthorised in that case or if you have EAD there should not be any problem.
I am seeing people asking the same questions since 1 month, but not taking any action. The more you delay, the more the problem. Remember that.
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csoftvictim said:I have contacted the attorney and she said that I must adjudicate (approve) the pending H1 with "C" to get H1 from previous employer or any other employer since they are going to file the H1 transfer from Mid Oct. and not from June 1st. She is saying that you must have approved H1 from June 1st to the date I join another employer.
Is it possible to join this new company and file H1 from mid Oct while H1 is pending since last four months. I have paystubs from "C" except Sept. Is there any complications?
In normal situation I would advise what your attorney advised - wait for H1 approval and then transfer H1. That would be clean and desirable way to transfer H1. However, this is not a normal situation. My strong feeling that your H1 is not getting approved from this company for a reason and it's very unlikely it will get approved soon. Not disclosing RFE details makes that suspicion stronger. So you and your new attorney must think about tranfering H1 to new employer regardless of whether H1 from your current company is approved or not. Probably it won't be approved in next 3 months ro 6 months. Want to wait that long? You should open up the whole issue with your new attorney and seek help.
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NewVictim2005 said:This 4 months work done for cst may be considered as unauthorised in that case
No, it's not unathorized work. It's perfectly legal to work for new company, once H1 transfer is filed.
NewVictim2005
Registered Users (C)
Its legal, if it gets approved eventually. If it does not get approved or if it gets denied because cst is not replying for RFE as they gave wrong info in H1 petition, I dont know how the employment will be considered later. Attorney Murthy clearly mentioned that there is no concept of H1 transfer, each petition is new H1 petition related to new employer.pralay said:No, it's not unathorized work. It's perfectly legal to work for new company, once H1 transfer is filed.
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dyingforgc
Registered Users (C)
NewVictim2005 said:Its legal, if it gets approved eventually. If it does not get approved or if it gets denied because cst is not replying for RFE, I dont know how the employment will be considered later.
Once one applies for H1 transfer and as soon as you receive receipt number, you LEGALLY can work for new company. This guy legally started after CS applied for his H1 transfer. If it's not approved from that day he can't work for that company but until decision is made its perfectly LEGAL.
csoftvictim
Registered Users (C)
If I apply to transfer H1 meanwhile If for reason, H1 of "C" denied then will it have any impact on H1 transfer? What about the period from June to today?
NewVictim2005
Registered Users (C)
dyingforgc said:Once one applies for H1 transfer and as soon as you receive receipt number, you LEGALLY can work for new company. This guy legally started after CS applied for his H1 transfer. If it's not approved from that day he can't work for that company but until decision is made its perfectly LEGAL.
I know that if one person is maintaining H1 status, if another employer applies for new H1, that person can start the employment with new employer anticipating that it will get approved. But if it wont get approved or denied, I dont know the consequences of the employment with 2nd employer. You need to take attorney help.
That the reason most of the employees ask for premium processing while applying for new H1, to be on safer side.
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csoftvictim said:If I apply to transfer H1 meanwhile If for reason, H1 of "C" denied then will it have any impact on H1 transfer? What about the period from June to today?
If H1 transfer from your current company gets denied, the situation will get more tricky. Don't wait for that moment. Transfer your H1 (or go back to old H1) ASAP.
NewVictim2005 said:If it does not get approved or if it gets denied because cst is not replying for RFE as they gave wrong info in H1 petition, I dont know how the employment will be considered later.
If it's get denied, the employment was still legal till the day of denial because the employee started working on the assumption that H1 transfer is going to be approved.
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I agree with you, we should inform DOL if they are not paying before 15th Sept
IBCDesi said:Hi Guys,
It is already 11th today. What about the slary of Septmber? I have mailed several times for the salary no replies? Please share your actions please.
At least this issue can be brought immidaitely to labor dept. N has to pay us immediately no matter he gets payment from the clients. We submited timesheets in time.
Thanks
csoftvictim
Registered Users (C)
Instead of replying RFE by the attorney of "C", my attorney is going to reply RFE. First she has contacted USCIS for RFE copy. Once she'll get it, she said she would have better idea. Should I wait until atleast to get copy of RFE?
The fear I have is if I change H1 now, and as per RFE if my attorney need some document from "C" then will they provide it? If they refused to provide any doc then I might stuck and that's what taking me long to transfer H1.
The fear I have is if I change H1 now, and as per RFE if my attorney need some document from "C" then will they provide it? If they refused to provide any doc then I might stuck and that's what taking me long to transfer H1.
Cyber_Victim200
Registered Users (C)
You can try for Scrren Shots with this.
Proof of Labor Certification Filing for H1B One-Year
Extensions
If the pre-PERM labor certification case is at the
Dallas BEC, requests for screen shots can be sent to
h1b7yr@dal.dflc.us.
If the pre-PERM labor certification case is at the
Philadelphia BEC, requests for screen shots can be
sent to h1b7yr@phi.dflc.us.
The USCIS has indicated that the screen shot will
suffice as evidence of eligibility for a 7th-year
extension.
As for as case # go to http://www.flcdatacenter.com and download all the applied Labor Cases from your company by writing a SQL in the Access data base which has a field 'Emp_Name' and you can input your company name.
Proof of Labor Certification Filing for H1B One-Year
Extensions
If the pre-PERM labor certification case is at the
Dallas BEC, requests for screen shots can be sent to
h1b7yr@dal.dflc.us.
If the pre-PERM labor certification case is at the
Philadelphia BEC, requests for screen shots can be
sent to h1b7yr@phi.dflc.us.
The USCIS has indicated that the screen shot will
suffice as evidence of eligibility for a 7th-year
extension.
As for as case # go to http://www.flcdatacenter.com and download all the applied Labor Cases from your company by writing a SQL in the Access data base which has a field 'Emp_Name' and you can input your company name.
csoftvictim said:Hi UN
I have asked this earlier and Pralay replied also but still not clear to me.
My last valid H1B including I-94 (filed by my previous employer) is expiring on Nov. 17th completing my 6th year.
I don't know after joining "C" on June 1st, My previous employer has cancelled my H1 or not?
I joined "C" on June 1st. "C" had applied for my H1 on May 20th.
In July RFE was issued and "C" replied the RFE.
On Sept. 15 again RFE is issued (They are not giving the copy of it)
With my previos employer LCA is pending since Dec 2003.
I have contacted the attorney and she said that I must adjudicate (approve) the pending H1 with "C" to get H1 from previous employer or any other employer since they are going to file the H1 transfer from Mid Oct. and not from June 1st. She is saying that you must have approved H1 from June 1st to the date I join another employer.
One company has the approved LCA (not previous employer) so I want to go with that. They want me to join immediately not after the approval of H1 of "C". Another thing is they are not ready to file I-140 first and get extension on that.
Is it possible to join this new company and file H1 from mid Oct while H1 is pending since last four months. I have paystubs from "C" except Sept. Is there any complications?
How can I get 7th year extension if I don't have Case# or screen shot as a evidence of Pending LCA.
If I'll ask to my previous employer, they'll ask to join them and I'll stuck there for few years.
My attorney is the same one who is my previous employer's attorney. I guess she has knowledge about all cases filed by my previos employer. can she use that knowledge without my previous employer's consent?
Thanks
csoftvictim said:The fear I have is if I change H1 now, and as per RFE if my attorney need some document from "C" then will they provide it? If they refused to provide any doc then I might stuck and that's what taking me long to transfer H1.
Yes, the company can refuse. And it's very likely that they will refuse because they don't gain anything out of it. Whether you are approved or denied, you will be leaving anyway.
NewVictim2005
Registered Users (C)
csoftvictim said:Instead of replying RFE by the attorney of "C", my attorney is going to reply RFE. First she has contacted USCIS for RFE copy. Once she'll get it, she said she would have better idea. Should I wait until atleast to get copy of RFE?
The fear I have is if I change H1 now, and as per RFE if my attorney need some document from "C" then will they provide it? If they refused to provide any doc then I might stuck and that's what taking me long to transfer H1.
Check the PM, I sent you.