NEW THREAD FOR 420 -CSOFT-NJ based company

unitednations said:
The risk of using a "labor substitution" from a non body shopper is diminished.

Non body shoppers aren't sponsoring 98% of their employees for greencards.

You don't have anything to worry about in using labor substitution right now.

If you file an I-140 on a labor and then try to substitute your own approved labor onto the existing I-140 is not allowed.

You would have to file another I-140 on your own labor.

The previous posting I mentioned of the risks, etc. is mainly for the Consulting companies who have 98% of their consultants going for greencard and using the substitute labor as a marketing tool to get you to join them.
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Thanks UN. You are the best.
 
My H1 with another employer approved on Feb 5, 2006. Today LUD has changed, Status remain as it is - Approved.
Is this a warning bell for something? I am getting worried.
Am I not out of the mess of "C" yet?
 
"TCN" Nonimmigrant Visa Stamping in Mexico

Hello - Please allow me to update you all on nonimmigrant visa stamping in Mexico. "SAP Consult 2000" at Posts #1181 and #1186 discussed his and his family's successful H-1B/H-4 visa stamping at the U.S. Consulate in Matamoros, Mexico (across from Brownsville, Texas). I posted at #1183 that I was honored to assist a decent hardworking professional and Cybersoftec victim to get his immigration situation "back on track" after Cybersoftec's fraud.

Now I have assisted another Cybersoftec victim successfully obtain his H-1B (and wife's H-4) visa stamp on Februrary 27th at the U.S. Consulate in Nogales, Mexico (across from Arizona). So it seems the U.S. Consulate in Nogales, like Matamoros, is also a good option for you all to get back on track (assuming you have a new H-1B employer and I-797 approval notice). Certainly these U.S. Consulates in Mexico would seem like better options than going to the usually more tough U.S. consulates in India (especially Chennai).

As "SAP Consult 2000" mentioned in Post #1186, it is however still a case-by-case determination so please have an experienced and upstanding immigration attorney review your application PRIOR to your appointment at a U.S. consulate abroad (whether that be in Mexico, Canada, India, etc.).

I will ask my client from the successful February 27th/Nogales trip to post additional comments as well. Good luck.
 
Update on TCN Consular Processing in Mexico (cont.)

sap_consult2000 said:
Hi Guys,

Myself and my family had a successful visit to Mexico( Matamoros) last week and changed our status back to H1B/H4 after working for C company on EAD.This was possible due to a new H1B approval obtained in Dec from my earlier employer based on my pending labor filed in 2003.

We also got new I 94's.

The whole experience was a pleasant one and did not face any problem either at the consulate or at the Port of Entry.

I used the services of the following law firm for my Mexico trip and also the services of www.mexico-assistance.com

HUYNH LAW FIRM P.C.
100 N. Central Expressway, Suite 500
Richardson, Texas 75080
Tel: (972) 992-8181 E-Fax: (866) 244-4052
E-Mail: bdhimmigration@yahoo.com
www.bdhimmigration.com

Good luck all the victims.
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Thank you to all of you who've privately requested my contact information. It is the same as what "SAP Consult 2000" provided in Post #1181 above. Note I used to be the in-house immigration counsel for Motorola, have served as an immigration attorney with two legitimate law firms (Quan, Burdette & Perez in Houston and Jenkens & Gilchrist in Dallas) and have 10 years experience exclusively in immigration law. Again, I also highly recommend each of you check out the legitimacy and reputation of any attorney (including me) or any other service you are thinking about you...this is the unfortunate lesson from Cybersoftec's fraud that we should all learn from! Ben D. Huynh
 
AutoRevalidation Experience..FYI

victimof said:
Thanks very much for your clarifications.I am planning to go Canada for Auto revalidation by Feb Ending.
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Hi All,

We(Me and my Wife) went last week for Auto Revalidation to Vancouver.We got New I94 in our passports while entering US.We had valid I94 on our H1 and H4 till '07.

Thanks a lot to this forum.Specially to UN and dyingforgc.
 
Hi All

Can anyone guide me by providing a sample of experience letter or by telling how deatiled the content of the experience letter needs to be which one needs for filing I-140.
 
victimof said:
Hi All,

We(Me and my Wife) went last week for Auto Revalidation to Vancouver.We got New I94 in our passports while entering US.We had valid I94 on our H1 and H4 till '07.

Thanks a lot to this forum.Specially to UN and dyingforgc.
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Hi

Can you please let me know what documents we needed to get Canadian Vistiting Visa ??? I am in 6th year and I want to go out and come on new H1 to have new I 94 from New Company... Is this called Auto revalidation? FYI - I have valid visa stamped in my passport until Aug 2006
 
In doubt

Hi UN & friends,
I have a concern. Please advise.

My H1 from Cybersoftec was valid from Dec 2004 till Sep 2007 and the new H1 I received from my new employer is valid till Nov 2008. I had first landed in US in Jan 2000 and am in US till date i.e reaching 6 yrs soon. Since I was out of US for 10 months in 2002-2003 period(working in India) technically my 6 yrs will be completed in Nov 2006.
Note: I was on H4 from July 2003 to Dec 2004 .

My question is that is my new H1 thru my new employer GOOD till Nov 2008 WITHOUT filing Labor certificate anytime soon. Or do I have to file NEW labor soon to get H1 extension from NOV 2006??(Which counts those 10 months for which I was out of the country and I can carry these to reach 6 yr mark). Has IRS given some concession to CYBERSOFTEC people BY GIVING H1 for another 3 yrs since the co is no more and we had our GC filed but which now is of no use.Plus in my case I was on H4 , SO is this a new H1 for me which holds good for another 6 yrs?

Please let me know..
 
Any one received any letter from DOL about back wages ???

Any one received any letter from DOL about back wages ???
 
H1 B transfer received for 3 year duration

Hello UN and friends,

I am now cysft ex-employee. In July 2005, Cybersoftec applied for my 7th year H1 extension on the basis of my pending GC application.

In August 2005 my 6 yrs of H1 B visa expired.
I did my H1 transfer on a new company in November end 2005, on the basis of my filed H1 extension and GC application.

Around mid-Dec-2005, I received rejection on my I-485, I-140 and EAD application from CA INS.

Then, I moved out of US in Jan 2006, tired of all these US immigration related uncertainties. Recently, my new company's immigration attorney called me to inform that my H1 transfer process has been approved !
The duration of expiry of this new H1 B is November 2008 !!

Now, how did I get the duration of H1 B transfer for almost 3 yrs ? I fail to understand this situation.

I always thought that once a H1 B worker completes 6 yrs then one needs to be out of US for 12 months. With my Rejected GC status, doesn't that rule apply ?

I would appreciate if you can throw some light on this matter.

thanks.
 
Sorry, I do not understand what exactly are you trying to say.
With cybersoftec, I did not use substitute labor for GC. Cysft filed original application (as confirmed by DOL agent) but Cysft sent a wrong labor to INS while filing my I-140, I-485 applications.

Anyways, I think that chapter is closed since I got rejection. So, now is this new H1 B(with new company after Cysft) upto Nov-2008, with messed up bridge (Cysft's 7th H1 extension) is good and legitimate ?

Can I bank on it and return to US on this basis ?

thanks.

unitednations said:
The people who left the country did a very strategic mistake. There is many avenues. Texas, vermont and nebraska will only allow you to extend beyond six years if you are in h-1 status or you are in the bridge period (ie., there shouldn't be a break in the h-1).

California will give you the h-1 even if your six years has expired and you are no longer on h-1 and even if you are not in a bridge period. As long as you had a labor pending or did a substitue which was greater then 365 days before expiry of your i-94 card.

I'm waiting for the feedback of a candidate who is just about to go for visa stamping. His h-1 expired in 2004, worked on ead. After Cyber mess he got another substitute labor with priority date in 2001. He tried h-1 in vermont, it was rejected (they didn't even allow vacation time recapture).

next, he gets another company to file for him in nebraska. he gets huge RFE (all related to company, nothing dealing with six years or status). We reply, nebraska denies saying six years is finished. We do motion to reopen and they deny again.

He goes to third company located in california. He files h-1 there. Gets another huge RFE (typical RFE for california relating to employer, agent, temp staffing, etc.). Replies to the RFE and they approve it for one year.

Now, he is going for visa stamping.
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What are my chances for my visa approval?

I went to Consulate in Canada again today.I show him all the Originals of H1's and Tax teturns.He asked me about Cyber H1 again.I told him the company to closed and gave him DOL guy name and number.And also i gave him a print out news of his arrest.Then he took my local number told me to wait till they call me.Are there any chances for my Visa approval?

Thanks
 
United Nations,

I'll really appreciate if you can reply to my qustion below.

thanks.

uts2004 said:
Sorry, I do not understand what exactly are you trying to say.
With cybersoftec, I did not use substitute labor for GC. Cysft filed original application (as confirmed by DOL agent) but Cysft sent a wrong labor to INS while filing my I-140, I-485 applications.

Anyways, I think that chapter is closed since I got rejection. So, now is this new H1 B(with new company after Cysft) upto Nov-2008, with messed up bridge (Cysft's 7th H1 extension) is good and legitimate ?

Can I bank on it and return to US on this basis ?

thanks.
Click to expand...
 
I don't know this is the right forum or not. since many people's status were in trouble and I they managed to find 365 old labors from "reliable" companies to apply for 7th and 8th year extension, I thought this forum may help.

Friend of mine's 6th year expiring in May'06. He doesn't have any pending labor to apply for 7th year extension. Can anyone suggest any reliable company, who can help him?
 
H1B 7th year Stamping, Canada/Mexico?

Hi Friends,

Please help me in deciding the place to go for my 7th year H1B stamping.
I am also victim of CST.
Now my current employer has filed for 7th year extension based on my pending labor.
I am planning to get new stamping once I get the H1b ext approval.
Please shed out any pro/cons that your friends or you faced with stamping.
I can go either Canada or Mexico, based on your feedback.

Please help me.
 
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