NEW THREAD FOR 420 -CSOFT-NJ based company

[help_me2]

did you file another I-140, I-485 after or before CST's denial?

Before CST's Denial and my CST case was filed in VSC. But my other case was not in VSC.

 

[help_me2]

My visa with old company was still valid so I went back to my old company after contacting Cybersoft and working for them for 2 months (I got the pay checks) and paid 10K and applied for H1 transfer, I-140, and 485.

I-140 and I-485 denied and got the letters from USCIS.. H1 transfer is still going on..

after moving back to old company my h1 was at expiration stage (6 years) and company applied for extension using Sub labor. 7th year extensions were approved so as I-140 also approved.

today I see one LUD on my approved 140 ... bit scared... I think this is the first LUD after my approval date. this company is very fair and wealthy company..

not able to guess what this lUD for (no change in the text..still says it got approved on xxxxxx date and sent the approval notices...)..

friends any thoght..

thanks.

Hi,

Did you find out about ur LUD change from a local CIS office?.

 

[gctarget06]

Thanks for the great insight UN....appreciate you sharing it with the forum....Although I do remember you and some other folks stating in this thread that an extension can be obtained via "any (pending) labor ". But what I couldn't recall is that, anyone has claimed to do so i.e. sought extension in some else's pending labor and got it...thats what I meant by sharing experience...my apology if I missed it and asked again.

 

[number30]

The following is the iformation given by attorney Murthy.

What is Unauthorized Employment?
It is not necessary to work for an existing business as an employee in order to be engaged in unauthorized employment. When one establishes a business, even on a part-time basis from home, s/he is considered to be working in the United States. Thus, if one is present in a status that does not allow employment or that only permits employment with a specific sponsoring employer, this person is engaging in unauthorized self-employment. This remains the case even if the involvement is fairly passive, such as in some Internet-based businesses and certain multi-level marketing operations. Therefore, while the temptation to earn some extra money is often strong, and many non-work authorized spouses would like to be able to contribute financially to the household, it is not permissible in these sorts of situations.


Incorporation Not Required
When speaking in terms of having one's own business or being self-employed, it is not necessary to have formed a corporation or LLC or a partnership. Even if no legal business entity is created, there can be self-employment without authorization.

Thanks that is good info. Some people want us accept their guess work. They need to learn from UN how to answer on such forums.

 

[number30]

Ask your friend box number in which earnings are reported on 1099. That can give better idea. I know lot of them say it is legal.

I think it is in Other Income column. Let me check it again.

 

[NewVictim2005]

Thanks that is good info. Some people want us accept their guess work. They need to learn from UN how to answer on such forums.

Home-Based Businesses : Inadvertent Unauthorized Employment
One common problem that we see involves those present in the U.S. in a lawful, nonimmigrant status who wish to earn extra money. Such individuals are often attracted toward home-based businesses, sometimes involving multi-level marketing. Because there is no direct employer-employee relationship, it is generally believed, incorrectly, that this does not engage them in any form of unauthorized employment. They are sometimes even advised by those seeking their involvement in the home-based business that it is not employment, since they are not going to receive an IRS W-2 Form for any money that they will earn. This presumption is incorrect and can lead to a series of problems. In some situations, where the earnings are over a certain amount, an individual must receive an IRS Form 1099 for non-employee compensation.

Where the Problems Arise
The problems with these situations usually arise at the U.S. consulates in connection with visa applications or when filing Form I-485 applications to adjust status to permanent residence. These are instances in which it is sometimes necessary to provide income tax returns. If these returns show income from unauthorized employment, the U.S. consulate could deny the nonimmigrant visa and the U.S. Citizenship and Immigration Services (USCIS) could deny the Form I-485 adjustment application for working without authorization. In order to obtain a visa at the consulate, the consular officer must be convinced that the applicant will comply with the terms of the requested visa. If the officer sees a history of past violations in the form of unauthorized employment, the visa may be denied.
In order to adjust status, it is generally necessary to be in status at the time of filing. (There are exceptions under Section 245(k) for employment-based cases, when 180 days of violation can be disregarded, and under Section 245(i) for qualifying cases filed prior to April 30, 2001.) Thus, violating status by working without authorization can prevent the approval of an I-485 application to adjust status to obtain permanent residence or "green card" status.
While problems are generally detected in the tax filings, this does not mean that there is no violation as long as a paycheck is not received. Additionally, failure to declare money and pay taxes on any money earned in order to avoid detection is not a solution. The failure to pay taxes on money earned is yet another legal violation that will likely compound the problem for breaching two separate laws.

 

[cybersoftvictim]

Hi,

Did you find out about ur LUD change from a local CIS office?.

Nope, not yet.. this was the first LUD after 3 months of the approval lud.. Ofcourse LUD changed 2 times in a week when it was approved...

since there was no change in the text I was waiting to see for any further lud's on this.. but so far nothing from last 2 weeks..

this case is being submitted by well known attorney, I was thinking to call him next week or so to see what his inputs will be ..

thanks.

 

[pralay]

Thanks that is good info. Some people want us accept their guess work. They need to learn from UN how to answer on such forums.

Of course there are people who cannot be upfront about the issue and try to collect info using the word "my friend". In addition, he is not willing to describe his position in Amway and expect people to read his mind.

Needless to say that some people don't understand that this is a forum. If you really want reliable info, pay some $$$ and talk to immigration attorney or tax consultants.

As a last note: this topic is not related to this thread. Hope you did not post it here.

 

[number30]

Of course there are people who cannot be upfront about the issue and try to collect info using the word "my friend". In addition, he is not willing to describe his position in Amway and expect people to read his mind.

Needless to say that some people don't understand that this is a forum. If you really want reliable info, pay some $$$ and talk to immigration attorney or tax consultants.

As a last note: this topic is not related to this thread. Hope you did not post it here.

And you should not be asking someone to accept your wild guesses. If I need to pay I will do that too. That is why I was saved from Nick without scratch.
Yes this thread is related to our issues. EX-CS people.

Yes it is my friend and he was pulling me inside this loop. Since I cannot say no I was looking for a reason.

Do not give the guessed answer to people. I need not say these are serious issues.

 

[pralay]

And you should not be asking someone to accept your wild guesses. If I need to pay I will do that too. That is why I was saved from Nick without scratch.

Take it or ignore it. Needless to say that nobody is going to read your mind to determine how you earned that money. If your question is vague, the answers will be value. As I said before, nobody is going to read your head.

Yes this thread is related to our issues. EX-CS people.

For CS issues, mainly immigration. Not about Amway.

Yes it is my friend and he was pulling me inside this loop. Since I cannot say no I was looking for a reason.

You could describe it in first message, instead of asking a vague question. No, if you start Amway "actively" now that would be violation. And here "active" means - looking for new members and making them Amway member, participating in business meeting etc. However, you could be a "passive" member of this business (only using their products). But in that case, you are not going to make any money because the success in pyramid business depends on how many people your are able to bring below your level.

Regardless of your immigration status, there are enough reasons for not getting into this business. Read following sites:
http://www.stardestroyer.net/Mike/RantMode/Amway.shtml
http://www.merchantsofdeception.com/
http://www.cocs.com/jhoagland/
http://www.vandruff.com/mlm_FAQ.html

 

[gctarget06]

see a few postings back. Suresh's postings.

Thanks UN.
I went through all the postings of Sureshl and found the required material. As far as memo addressing this issue goes, I found AC-21 Memo 5-12-05 posted by you in one of the thread. In this memo's Section II on page 7-8, the answer to Q#1 i.e. Section 106(a) of AC21 seems to be addressing this issue exclusively. Just wanted to make sure that I am referring the right one...?? Please Confirm. I am helping a friend of mine and his attorney is not willing to heed unless he provides some reliable source. So I am planning to quote the right material. Thanks Pal...

 

[Shloka]

UN,Pralay and all

Can one use work experience acquired before getting a degree to suffice for a requirement which needs 2 years of work experience and bachelors degree as pre requisite for labor substitution?


I need to know ASAP

 

[lostbattle]

you applied in august 2005. You have been following this thread.

Why do you think there is LUD changes?

It is a denial. Haven't you prepared yourself for that, or did you think you were going to be one of the lucky few?

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??

 

[lostbattle]

Just a quick update. One of my friends who had his original labor approved thru CST last year got to know that N used some one elses labor while filing his 140/485 instead of his own approved one. His Case got denied last month.

 

[gc12gc]

My friend's EAD got approved on january 1st week 2005 , which was filed on December 2004 and it is valid until January 2007

 

[H1B-GC]

Any Idea whats N's legal status here in this country - GC,Citizen or H1B.Did he ever work in the country ??

 

[NewVictim2005]

Any Idea whats N's legal status here in this country - GC,Citizen or H1B.Did he ever work in the country ??

I think it may be better for all the employees/ex-employees and their families to check their credit record to see whether there is any identity theft by Nick and his office staff.

 

[pralay]

Any Idea whats N's legal status here in this country - GC,Citizen or H1B.Did he ever work in the country ??

As per the ICE press release he is "Indian citizen". So I guess he is a GC holder. However, in one of the emails from a DOL officer he was referred as "illegal alien" (and different name). My wild guess is that even though he obtained a valid GC in USA, probably he obtained by "illegal means" - e.g. fraud employment-based GC or fraud family-based GC (hence that made him "illegal"). My understanding is that CIS/ICE/DOL digged enough of this past history before making an arrest. He is not going to get out from jail soon.

 

[NoGc]

Urgent.. Please help me Out of status bcz of CSOFT

Hi UnitedNations and Gurus

Please help me URGENT…..URGENT

I am also a victim of CSOFT.
Today, I went to DMV to get my new Drivers license where I have been verified for my legal status with INS and I came to know that I have been out of status and I have been denied to give my License.

I never had H1 B and never got any pay stubs from CSOFT. I remember I have given my w-4 form once to CSOFT around Oct 2005.

My 485 from CSOFT was denied around Oct 2005. I have been working with a company which holds my H1B and right now, my 1-140 got query with my present employer (ability to pay, which will be taken care by my present employer)

Questions:

 How would my status be illegal, if I never got any paystub from that company and with a valid H1b with my present employer (Is it because I have given w4 to CSOFT? Is there any chance that, that is reached to INS for any reason?)
 Is there any way to make my Immigration status straighten ( As I have valid H1 B with my present employer and also I have my 140 applied with my present employer)

If so,
o What should I do?
o Do you guys think, I can retain my status by getting stamped in Canada for the remaining H1B period? Does it put me in legal status, if by luck I got stamped?
o Does it create any problems for my GC process with present employer?
o If I apply H1 B extension after 6 months does it create any problem because of this?
If not,
o How long I am valid to stay here in USA ( so far already 5 months over from the day I got my CSOFT 485 denied)
o Can I come back after 1 year? Is it possible?

Thanks
NoGC

 

[dyingforgc]

NoGc, did you ask them how you are out-of-status? Which state you are in?how did they verify legal status? Generally DMV officer only looks for any document presenting your legal status. In your case valid I-797 (notice of action) h1-b approval.

I am wondering how this happened? share complete details about your DMV visit.