NEW THREAD FOR 420 -CSOFT-NJ based company

[pralay]

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I think there is nothing wrong in paying money for our GC expenses.Big companiens also take 7 or 8K agreement for GC filing.If we leave that company they will loose GC expenses.He(nick) also promised everybody to pay back once we join Cyber.Wht is there ?

Even even though there is nothing illegal to bear the cost of certain GC expenses (for example, I-140, I-485, EAD, AP), but payment for certain GC process can raise red flags. For example, payment for newpapers advertisement can raise doubt wherether the job position is bona fide or not. In addition, when employee is paying for newpaper job advertisement, that indicates that employer is not sincere to recruit a US citizen/perm-resident. That's can raise issue. In addition, the resonable amount as processing expense is OK, but I am aware of some cases where upto 25K or 30K have been paid for preapproved labors. Common sense tells that they are not for "processing expense", but they are simple "buying preapproved labor". DOL/USCIS investigators are not stupids either. They have the same common sense that we have.

As long as the argument is convincing that they money was paid for "expense", it's fine.

 

[pralay]

The petitions were for skilled computer workers. Both US Citizenship and Immigration Service (USCIS) and ICE continue to investigate those aliens who received the fraudulent immigration benefits. Investigators are also working to determine how many people fraudulently entered the country and how many already in the US may have received fraudulent labor benefits.[/B]
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Some analysis on this.
already in the US may have received fraudulent labor benefits.

We did not receive any benefits(H1,140,485) from cyber.All are denied.
I think we do not need to worry.

I guess your comment is partially correct. Yes, USCIS/ICE?DOL will probably won't spend much time to find those people who already got denials on their I-140 and I-485. However, of course who have I-485s still pending will get denied - sooner or later. But real danger may come to those people who already got their GC through Cybersoftec.

On the other hand, when ICE referred "fraudulent labor benefits" - that is not just green card LC, but it includes H1 LCA too.

 

[need_info1]

I can hold my breath.... for a while

Pralay,

Thanks for you reply. I did hold Osmania University degree but did not get inital H1 from Cyber ( I am lucky). H1 transfer only and filing I-140,I-485, I-131, I-765 only (Dec/2004). I joined after I-140 and EAD approval. Is this is a problem in my case? FYI, they applied H1 transfer in April/May 2005.

Thanks for your reply.

A Cyber Victim (Don't know what to do, but still in US - MOTIC is pending)

 

[GreenCardVirus]

Even even though there is nothing illegal to bear the cost of certain GC expenses (for example, I-140, I-485, EAD, AP), but payment for certain GC process can raise red flags. For example, payment for newpapers advertisement can raise doubt wherether the job position is bona fide or not. In addition, when employee is paying for newpaper job advertisement, that indicates that employer is not sincere to recruit a US citizen/perm-resident. That's can raise issue. In addition, the resonable amount as processing expense is OK, but I am aware of some cases where upto 25K or 30K have been paid for preapproved labors. Common sense tells that they are not for "processing expense", but they are simple "buying preapproved labor". DOL/USCIS investigators are not stupids either. They have the same common sense that we have.

As long as the argument is convincing that they money was paid for "expense", it's fine.

I paid for my GC expenses. I quit using AC21 after working for 4 yrs. Now the old company revoked my 140 and am sure will use Labor for someone else. Can USCIS redflag this company.

I'd anyday give up my GC to get these people in jail.

 

[can_card]

I guess your comment is partially correct. Yes, USCIS/ICE?DOL will probably won't spend much time to find those people who already got denials on their I-140 and I-485. However, of course who have I-485s still pending will get denied - sooner or later. But real danger may come to those people who already got their GC through Cybersoftec.

On the other hand, when ICE referred "fraudulent labor benefits" - that is not just green card LC, but it includes H1 LCA too.

Well Said pralay!

I would like to see that "danger". It will be really good, if USCIS revoke all GC the already issued thro these kind of fraud companies and recapture those numbers to issue the GC for the severly retrogressed peoples in the 485 pipelines. This will partially solve the retrogression issue.

 

[eBhola]

I paid for my GC expenses. I quit using AC21 after working for 4 yrs. Now the old company revoked my 140 and am sure will use Labor for someone else. Can USCIS redflag this company.
I'd anyday give up my GC to get these people in jail.

Its within the laws that a company can refile if U quit, provided that they revovke Ur application. Thats what all this about.

It is upto you to defend Ur application by invoking AC-21 ... otherwise they see U as bad guy.

It is strange but true.

 

[eBhola]

Well Said pralay!
I would like to see that "danger". It will be really good, if USCIS revoke all GC the already issued thro these kind of fraud companies and recapture those numbers to issue the GC for the severly retrogressed peoples in the 485 pipelines. This will partially solve the retrogression issue.

Only thing I would see is that -- investigations might take long long time and until then things might be held up ...

Just my opinion.

 

[tammy2]

The petitions were for skilled computer workers. Both US Citizenship and Immigration Service (USCIS) and ICE continue to investigate those aliens who received the fraudulent immigration benefits. Investigators are also working to determine how many people fraudulently entered the country and how many already in the US may have received fraudulent labor benefits.[/B]
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Some analysis on this.
already in the US may have received fraudulent labor benefits.

We did not receive any benefits(H1,140,485) from cyber.All are denied.
I think we do not need to worry.

In an earlier case USCIS has rescinded even the citizenship which was based up fraudulent GC. If you are really a victim and can prove that contacting local senator or Congressman will help. Infact last year some Congressman brought a bill to help the victims. (I think it was H.R. 936.) Contact your Local Congressman/Senator and tell them your story.

 

[mumtokbe]

Pending I140 & I485

Could somebody tell me if AC-21 portability can be used if one has a pending I140 & I485 and the company that filed it went bankrupt before 180days was up?

Is it better to still wait for the 180 days to pass?

What happens in the mean time if I140 is denied - can the new employer do anything to help?

Thanks in advance
Mumtokbem

 

[pralay]

Could somebody tell me if AC-21 portability can be used if one has a pending I140 & I485 and the company that filed it went bankrupt before 180days was up?

Not sure about it. The AC21 law says that the I-140 must be "approvable" for a bona-fide job position. In case of a bankrupt company, pending I-140 may not be considered approvable. I would recommand you to talk to a good attorney.

Is it better to still wait for the 180 days to pass?

If your GC sponsoring company goes bankrupt there is no point of waiting 180 days.

What happens in the mean time if I140 is denied - can the new employer do anything to help?

No. If I-140 is denied, AC-21 is not applicable. New company cannot do anything about it.

 

[tammy2]

Could somebody tell me if AC-21 portability can be used if one has a pending I140 & I485 and the company that filed it went bankrupt before 180days was up?

I think you are not talking about Cybersoft here
What do you mean Bankrupt? Even if company is in Bankruptcy and still operating you can get your GC. Changing job before the approval I-140 depends mostly on your relation with company. If they do not revoke your I-140 and co-operate in case of company related RFE then there should not be any problem.

 

[richardl609]

Photos Of Nick Mandalapa

PHOTOS OF NICK MANDALAPA CLICK HERE

FOR MORE INFO VISIT WWW.ANDHRAHERALD.COM

 

[ap321rv]

Hi

Did your 485 got denied recently or quite long agao?

Thanks

 

[hiUS]

To anybody whwo knows about it!

Hello

After getting the EAD to my wife from CST, i applied for SSN and after that applied for credit card which she got it. Now she is using the credit cards.
As every body know, all of our 485 denied which means our EAD is dead, so can she use the credit cards which she got it when she was legal (I mean when the EAD was active). Now she is back to H4.

Can she use the SSN for any other purpose or even the SSN is dead. Does she need to apply for new SSN when she gets the EAD again (which looks unlikely because of retrogression).

 

[pralay]

Can she use the SSN for any other purpose or even the SSN is dead. Does she need to apply for new SSN when she gets the EAD again (which looks unlikely because of retrogression).

SSN does not become dead. It's still valid. She can use this SSN for certain purposes - e.g. applying for new credit card, opening back account, filing tax return etc. However, she cannot use her SSN for the purpose of getting employment (because her EAD is invalid).

Yes, she can use her existing credit card too.

 

[dyingforgc]

Hello

After getting the EAD to my wife from CST, i applied for SSN and after that applied for credit card which she got it. Now she is using the credit cards.
As every body know, all of our 485 denied which means our EAD is dead, so can she use the credit cards which she got it when she was legal (I mean when the EAD was active).

Credit card is not an issue at all. You are over thinking.

Now she is back to H4.

If she never used EAD to work, she was always on H4 status.

Does she need to apply for new SSN when she gets the EAD again (which looks unlikely because of retrogression).

SSN is an unique number, once issued it remains same through out your life until you die.

 

[hiUS]

Thanks

Thanks Pralay & Dyingforgc.

Yes, She used her EAD, went to India and came back on H4. One more thing...Can we use the SSN to get the driving license? Sorry if it is silly...

 

[pralay]

.One more thing...Can we use the SSN to get the driving license?

Yes, she can.

 

[AnotherVictim1]

alert

Friends,

This is the time we have to protect ourselves. We are in success of sending cheated person to the custody. Now the news is propagating in different ways. We helped DOL/USCIS to find about this cheating. But there is a hidden fear of applicants fraud. That means persons applied through this comapny and got the benefits may/may not be in trouble. Before DOL/USCIS takes any action against us, we have to be alert and ahead in the game. I mean, we have to protect ourselves. Please form a group. You know our cases are genuine and no fraud involved. We were cheated by N. But we are not part of the scandal. We helped DOL and USCIS to catch the cheater. But we have to make sure that we should not be pointed for anything in this matter. In order to be on the safe side, please contact lawyers and get the fine decision and if possible contact DOL/USCIS not to investigate or atleast not to treat us bad by any chance.

I am not sure whether I expressed well here but one can defintely understand my meaning. For example yesterday in one of the news paper, it was mentioned like this. "People who tried to apply for green card may also be get int trouble." Please do not waste time.

Please do not waste time just like when Intent of deny came to us. We were not formed group at that time. We formed only after cheating done which is a kind of late. So in case of USCIS, we have to prove that we are genuine and not involed in any kind of fraud.

United Nations, please guide us.

 

[pralay]

In order to be on the safe side, please contact lawyers and get the fine decision and if possible contact DOL/USCIS not to investigate or atleast not to treat us bad by any chance.

Contacting good lawyer is long overdue. People should have contacted long time back - in last Aug/Sept when people where getting NOID/NOIR for their I-140s. It's possible that Mandalapa can accept plea-bargain deal and avoid trial. In that case many things may come out from himself - including the cases where someone/some people tried to "buy" pre-approved labors from him. If some people paid him good amount of money innocently assuming they are paying for the "application filing fees" and "attorney fees", they need to talk to lawyers too because there is no guarantee that Mandalapa will tell the true stories. Keep in mind, Mr. Mandalapa profitted $2.1 million by selling pre-approved labors and collecting money from employees for the purpose of filing GC applications. ICE froze that account. Now all the transactions/deposits in that account will come under scrunity.

In addition, people paid him money, got their GC already but never worked for Cybersoftec are clear targets because not working for Cybersoftec clearly indicates they never intended to work for Cybersoftec but obtained their GC in exchange of money.

I am not sure whether I expressed well here but one can defintely understand my meaning. For example yesterday in one of the news paper, it was mentioned like this. "People who tried to apply for green card may also be get int trouble." Please do not waste time.

If you remember last Aug/Sept period when NOIR/NOID rumors (actually they were facts) were flying around, there were 300 cases involved. However, ICE new release mentioned about atleast 1000 cases. That means Mr. Mandalapa's fraud is lot bigger and deeper than what we used to know couple of months back. Those 300 cases we used to know involved only fraudulent LCs (duplicate, forged or non-bonafide jobs). But it's possible that his other 700 cases involved more serious frauds - and that includes getting people from India with fraud H1s (and then filing for fraud GC). $2.1 million is not a small amount of money. He must have collected by many illegal means.