NEW THREAD FOR 420 -CSOFT-NJ based company

Important questions from Cysft employee...can anyone reply this pls?

United Nations and other immigration Gurus:

I would really appreciate if you can answer questions stated below in these bad times.

Original Labor filed: 02/04 at VSC
Approval received: 07/04 at VSC
Joined Cysft: 08/04.
I-140, I-485 and EAD Applications filed:
- 12/04 at VSC.
- transferred to CSC by 02/05, the reason INS stated that I am primary resident of CA so CSC should process my application.

My Immigration status:
1. Not got any rejection on I-140/I-485 so far.
2. My wife got EAD sometime in April 2005.
3. My H1 B visa's 6 yrs got over in Aug 2005 and 7th yr H1 B extension in July 2005.

Questions:
1. How can I find that my labor application has been used by multiple applicants or not?
2. What exactly is NOID ?
3. is it worthwhile to wait for the Mr. N's new company to continue GC ?
4. can I apply for new H1 B with a different company to safeguard my work visa status ?
5. is safest bet is to leave US ?

Thanks !
 
Thanks for your response.

Based on your response for #4 and #5:
So, I can file a fresh H1 B application with different a company. Do you mean to say that the new H1 B will not be approved until C company's H1 extesion is addresed (either approved or denied) ?

I do not have a back up labor filed with any other company. I did not understand your rest of the answer for #5 below. Can you pls elaborate

----------------------
4. can I apply for new H1 B with a different company to safeguard my work visa status ?

Yes, however, uscis won't approve the extension on the new H-1 until C company h-1 extension is approved. The link in the chain has to be approved. However, you can start working with another compoany upon filing of the h-1. If the C link in the chain gets denied then USCIS will approve the subsequent h-1 but without an I-94 card and you will have to get visa stamping and new I-94 card. Note: there is still a risk that your extension with C company gets denied if you stay with them.

5. is safest bet is to leave US ?

No one has to leave. Many options we have discussed. Do you have a back-up labor filed with some other company that you could use if the I-140 gets approved. Note; this is for 7th year extension.
 
Thanks UN for your valuable information and suggestions for all C victims
i am also one of victim and trying to get status here

i am in 8th year and dont have any H1, applied labor from C and got cleared,applied 140/485/ead/ap
got 140/ead/ap approved but finally got denial letters and now i dont have any status
my 6 years completed in april 2004, and i may get Preapproved labor from one company ,PD date on that labor is Feb 2003,and they want to use for me

how can i get 8th year extension on that preapproved labor?

can you please give info
company lawyer doesnt know how he can file H1b on this labor for me becoz of my status,
how can i be sure that i can get H1b approval on this particular 2003 approved labor?

if you elaborate it will be very helpful for me

I suggested they could use a backlogged labor that was older then one year before 6th year ran out even if it wasn't in their name to get 7th year. I've seen it approved. Tammy posted that he had an experience where it was denied.

If you don't get h-1 7th year approved because of I-140 denial then your only recourse will be to try to find a backlogged labor that was greater then 365 days by the time your six years had run out and get the company with the labor to make an assertion to USCIS that they will use it for you to file an I-140 once it gets approved.
 
auto-revalidation info url with search query

Hi Guys,

This is the url link for auto-revalidation information

http://travel.state.gov/cgi-bin/swi...&metaname=swishdefault&sort=swishlastmodified

Please check your appropriate situations per these and plan your individual actions, wish you all the good luck if your VISA and/or I94 is/are not expired.

But per this info it seems that for anybody whose VISA and I94 expired, needs to go back to thier home country to get a VISA stamping .

UN: please correct me if my interpration of above info is incorrect.
 
Info Needed

if i file my 7th year extension on the basis of sub labor
and the subsequent 140 application gets denied?

what happens to my extension?

lets consider 2 cases

case 1: 140 gets denied before the 6th year ends

case 2: 140 gets denied after entering the 7th year

I know there is something in yates memo which covers this topic

Does anyone have a copy of yates memo?
 
D90210 said:
if i file my 7th year extension on the basis of sub labor
and the subsequent 140 application gets denied?

what happens to my extension?

lets consider 2 cases

case 1: 140 gets denied before the 6th year ends

case 2: 140 gets denied after entering the 7th year

I know there is something in yates memo which covers this topic

Does anyone have a copy of yates memo?
Click to expand...


I think this is what it should be -- somebody correct if I am wrong.

Case 01:U have still not completed 6th year ... U have labor pending for more than a year ... and now U want to extend Ur h1b. let say for argument that U have already completed five and half of Ur h1b period and Ur H1B now needs an extension.
U have 2 option here
1- extend Ur regular h1b by 6 months.
[ here if Ur 140 gets denied -- U have still valid visa so in status]

2- Extend Ur h1b by 1 year or 3 years based off Ur pending labor.
[here if 140 is denied --H1b is pulled out]

Case 02: 140 gets denied h1b is pulled out too.
 
I went to Canada and came back .My I 94 and stamping was valid untill june 2006.
i have gone by air but didnt get a new I 94.

Posting in case it may help someone.
 
ducklin05 said:
I went to Canada and came back .My I 94 and stamping was valid untill june 2006.
i have gone by air but didnt get a new I 94.

Posting in case it may help someone.
Click to expand...

did you use EAD and now back to H1? In my case visa is expired in passport but I-94 is valid until Nov' 06 with valid notice of action. I plan to do same (via Road) in next few days.

Not having new I-94 may confuses USCIS when you mention last POE while filing new I-485 but that RFE could be resolved without major problem as you legally did go out and come back to US.
 
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Ducklin05,
did you returned old i-94 while checking in for Canada? how did the imigration officer reacted at POE?
thnks
 
Neither candaian immig or US immigration question or asked me about I 94.So i didnt told them to issue a new one. US immigration officer did enter I 94 information.So i beleive they now dont issue a new I 94 if old one is valid.
 
cyber911 said:
http://www.bizbuysell.com/cgi-bin/addetail?J=bbs&p=0&s=NJ&i=YB&w=q&ss=1&tab=eb&q=190743
Click to expand...

Good find!

Unfortunately, most of the consulting companies are aware of the legal and immigration complication with this company. It's unlikely they will be interested to buy this company. Even buying it free is risky at this moment.

Only vaiable option is selling only assets. And I think that's what th owner is aiming for.

I guess, the owner wants to sell this company (get whatever by selling assets) and run away in India.

Whoever are still in payroll in H1 with this company should be careful. They should start thinking about their own future now.
 
As per some previous posts, it seems if you want to sell a company you need to sell assets, liabilities and all law suits attached to the company. So, i don't think it is that easy to sell this company.
Aas of now for the past so many days no body is lifting the phone or responding the e-mails. Some people from NJ told that the office is closed. I don't knwo how far it is true!!
 
hiUS said:
As per some previous posts, it seems if you want to sell a company you need to sell assets, liabilities and all law suits attached to the company. So, i don't think it is that easy to sell this company.
Aas of now for the past so many days no body is lifting the phone or responding the e-mails. Some people from NJ told that the office is closed. I don't knwo how far it is true!!
Click to expand...

But it's possible to sell only assets - that is nothing but liquidating. In that case it won't be "buying company". I strong feeling is that eventually that is what will happen. In that kind of scenario, all the employees will be stranded - especially H1 workers and people who are working on EAD with them.
 
unitednations said:
Essentially, with consulting companies that have no direct clients and their employees bring the revenue with them and take them when they leave are essentially worth 0.
Click to expand...

The above point is most important. This company has no business model for consultancy. This company is nothing but an "agent" or "middleman" who gets commisson from other person's labor (consultant's work).

And, yes, they have some "training" facility. And I think other forum members already know that it is nothing but a scam operation.
 
I spoke with DOL agent

I spoke with USCIS people and DOL yesteray.

Uscis vermont people are telling we are already aware of this company fraud.We are investigating on our side where as DOL told me DOL already knew about 'C' shop was closed.THeir agents are are roaming infornt of office and follwoing 'N'.THey knew where they are.

He said"they are going to take action by end of this weeke".

wait and see
 
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blocklisted200 said:
I spoke with USCIS people and DOL agent yesteray.

Uscis vermont people are telling we are already aware of this company fraud.We are investigating on our side where as DOL agent told me DOL agents already knew about cybersoftec shop was closed.THeir agents are are roaming infornt of office and follwoing Nick.THey knew where they are.

He said"they are going to take action by end of this weeke".

wait and see
Click to expand...
That is really good news.

Just FYI: I spoke to a manager of CST and he said that N has cheated not only his contractors but also the back office people. He has not paid them salaries for a long time. Their I485's have been rejected and a lot of them have now quit.
 
I am sorry not yesterday today

I am sorry not yesterday today.I tought it's already crossed 12 AM early morning.I mentioned like that.I called on Monday 10/24 at 2 PM.
 
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