NEW THREAD FOR 420 -CSOFT-NJ based company

pralay said:
Who said it will be "rejected outright"? The problem is that you are seeing this matter in too much black-and-white, ignoring the grey area in between. Yes, this kind of issues are determined case by case basis and there is no simple "yes"/"no" kind of answer based on a simple questions like "is it legal?" or "is it illegal?". As these kind of cases are determined case by case basis, there is no way to predict what will work for sure and what will not work, without knowing the details of the case. Needless to mention that USCIS and State Dept have become too much strict in recent days. Whenever application and other documentations are not clear about the relationship between H1 employer and client company (client location), they simply handover a RFE or 221(g). Asking for this kind of details was not common in past (atleast 2-3 yeas back), but is becoming a common for certain types of H1 employers (and you what is that "certain types").
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If not all most of us are working with consulting companies. We know that it is difficult to get these contracts and these contracts are multi layered etc.
If requested by USCIS at least some employers can send these contracts directly to the attorney without disclosing it to employee him self.
This is a standard practice at Chennai Consulate. This year only we did that for multiple employees.

Those guys do not have the Pay slip. It is not possible to get the pay slip. One alternative I was suggesting was to send your time sheets.

But is their any other alternative to the pay slips other than the time sheets? That is what I wanted discus.
 
Hi UN and friends,

1. If a person is in USA on H4 for 2 yrs , then will this period be counted in getting a new h1. I mean will he be able to work on H1 without any extension for 6 yrs or will he be able to work for only 4 yrs and then get extension.
Thx in advance.
 
lostbattle said:
Hi UN and friends,

1. If a person is in USA on H4 for 2 yrs , then will this period be counted in getting a new h1. I mean will he be able to work on H1 without any extension for 6 yrs or will he be able to work for only 4 yrs and then get extension.
Thx in advance.
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The six years include H4 period too, so only 4 left.
 
hi ducklin05,
1. in how many days you got approval?
2. which center? was there any RFE?
3. How much time was your CST h1 valid for??
4. was it 7th yr extension?
5. did u have all the pay stubs?

I know i m asking many q's, but believe me it helps to know all that we can...and be prepared..:).. thx in advance..
 
Correct me if I am wrong

United Nations,

I remembed I saw in one of the Murthy New Bulletins. But not sure whether I read it correctly or not. Here is the thing I saw.

If some one gets the H1B extension out of revoked I-140 or revoked H1B, then their H1B extension is not valid even though it is approved from USCIS. USCIS may find this later or may not find it at all.

Do you think is this correct?
 
unitednations said:
I worked on a case. Person is within six years. Expires summer of 2006. He had approved I-140 from C. He also received notice of intent to revoke but had own lawyer. They responded and as of yet he hasn't received denial notice.

Asked for 3 year extension and transfer to new employer. No pay stubs.

Approved today in premium processing.
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Hi UN,
Can premium processing be applied online?? . i.e initially being applied in regular processing (receipt number is ready)and now if one wants to change it to premium.

Or the check and other docs have to be mailed??
 
Thx UN. For the case that you said got approved whereby the 6 yrs were getting over in summer, how for long did the H1 get transferred and approved
 
UN,Tammy and all others

I had regular LUD(updates) on my approved CST h1 .
I called the USCIS and they said that the have sent a notice to revoke the existing CST h1
I already applied for my h1 transfer a month ago.

1.> Is this something to worry about?CST h1 getting revoked

2.> Any one else with similar experience?



PLEASE HELP/ADVISE
 
RaviKumar1975 said:
My LUD on the approved C* H1 also has changed on 11/15/2005, just checked
May be C* itself asked for revoke, my transfer is on the process as well, on premium
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I had posted this before. Currently I am working on replying an RFE from USCIS, for I94 and the latest paystubs.

When did u see your LUD change, when was it revoked ?
 
UN,

This is very helpful.
For many of us (not on EAD) who havent completed 6 years on H1 yet-
and are facing RFE on H1 transfer, for paystubs from USCIS

What proof is the best we could submit to show we have been working for Cyber until now, and have been on valid H1 status ?
We are employees of Cyber until now, they just are not paying us the salaries.

Besides the letter from DOL, showing that we are not being paid by Cyber.
Is there any proof showing Nick is in prison for fraud, and is being investigated by DOL, INS etc.

God bless you for all your help to this community !
 
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hey Ravi,
which center did u apply from? did u get any letter from DOL?
I havent as of now.Please let us know .

UN, wot do you mean by saying labor in someone elses name?
'they will be able to do the future extensions based on ba'cklog labor in their name or someone elses name or have 140 approved on perm labor.

can anyone apply for h1 extension if their non CST wife/hubby (wotever is appropriate) also has labor filed?? pls clarify
 
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H1 using Labor pending with Previous Employer

Hi UN/Gurus,

I was able to get 7th year extension after joining the new employer after this CST crap. The extension was based on the pending labor filed by my previous employer. It is still pending at BEC currently. I didn't contact the previous employer before using the labor for the extension. I didn't want him to know about this.

Is there any way my previous employer comes to know that someone used that labor for H1 extension? Does DOL notify the employers about the usage of the labor after it approves the H1?

Thanks
 
lostbattle said:
hey Ravi,
which center did u apply from? did u get any letter from DOL?
I havent as of now.Please let us know .

UN, wot do you mean by saying labor in someone elses name?
'they will be able to do the future extensions based on ba'cklog labor in their name or someone elses name or have 140 approved on perm labor.

can anyone apply for h1 extension if their non CST wife/hubby (wotever is appropriate) also has labor filed?? pls clarify
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Yes. If you file a complaint to DOL, they will respond with a file number, most of us have done that already
 
hi Ravi,
I had spoken to John Warner and made a complaint almost a month back. But I have not received any file number? Did you get it in an email or mail? Please advise as how can I receive it.
Did all of you receive the same file number??

BTW Which center is your GC application from??
 
Hi UN and friends,
I applied my H1 transfer in regular processing. I told the co to do it in premium but they said the lawyer of the company has advised that I dont rush and go for regular processing . Finally they said if I still want to go for premium its my choice and they will do it. Please advise as what should I do.

Some people in this forum have specifically said go for premium. UN , you had told that its my choice. I respect all your responses. But will it make a difference if I go for premium in CST case inspite of the lawyer saying not advisable. I am a little confused. So please advise.
 
1. Thanks UN. Your advice is very helpful. I appreciate that you are sharing your experience and knowledge and helping us by guiding in the right direction.Since my H1 is valid till 2007, I guess as per you I should not got for premium, correct even though I dont have pay stubs?

2. I am in California and so my case is yet not processed wrt 140/485.
Just for the sake of discussion say my case is approved, should I go ahead and accept the GC in future?? Or am I always going to be under tension that it may get revoked in future?Is there a way where I can consult lawyers etc and make sure that INS will never revoke my case in future?? Cos I dont want to put my H1 in danger by accepting a GC which is useless. I am asking this question cos I heard some cases in California getting 140 approval in late Oct. Please advise.
 
Hi UN,
Do let us know whenever you visit Wcoast southern California. You will feel all the more homely in a lovely weather... snow free :)
 
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