NEW THREAD FOR 420 -CSOFT-NJ based company

Friends Please help me!!! I need to act fast to get appointment

My questions:
1. Mexico is better or Canada?
2. I have US masters in Computer Science and Engineering, Is that any useful in getting visa stamping smoothly?
3. For Canada/Mexico do I have to get Canada/Mexico visa to enter into their territory for visa stamping?
4. If question to 3 is Yes, do I have to apply for Visa for my US born kid?
5. As you guys all know, No W2 from CSFT for 2005, will this be any issue in getting stamped? I have all paystubs and 2005 W2 from my current employer(Oct to Dec2005)


Please help you your replies.

Thanks and Regards.

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.
 
Please help me, waiting for some guidance, please

gcoption said:
My questions:
1. Mexico is better or Canada?
2. I have US masters in Computer Science and Engineering, Is that any useful in getting visa stamping smoothly?
3. For Canada/Mexico do I have to get Canada/Mexico visa to enter into their territory for visa stamping?
4. If question to 3 is Yes, do I have to apply for Visa for my US born kid?
5. As you guys all know, No W2 from CSFT for 2005, will this be any issue in getting stamped? I have all paystubs and 2005 W2 from my current employer(Oct to Dec2005)


Please help you your replies.

Thanks and Regards.

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.
Click to expand...
 
Successful Stamping of H1 in Vancouver,Canada, Thanks UN for your valuable help

Thanks UN for your valuable and timely help. :D :D
We successfully stamped our new H1 from Canada on 27th, we got passports yesterday and just now we came back to USA

i got H1 approval from pending 140 with PD of 2001.we filed H1 in VSC, got rejected,Filed once again H1 in NSC ,got RFE and then rejected. Finally we applied H1 in CSC, got RFE, UN helped replying RFE and got approval on March 21st,
went to canada consulate for Visa, After requesting VO in Canada consulate,i got Visa on 23rd march,thrusday, VO rejected my application and stamped in my and my wife's passports, but i told about my problem, at last she gave me with one condition,suppose if Visa rejected then i have to goback to India within a week, i told her, i'll go next day only

took appointment in Vancouver in Feb for march 27th,
VO American, asked me some questions
he asked me paystubs, which i told him i dont have but i have EAD
he asked me to show , i showed interim EAD of Cybersoftec, he said go and pay the fee

i got visa approval on 179th day and passport on 180 day after Cyber denial came.
Thank God for this wonderful gift and thanks UN for your help.
let me know if you guys wants any info :) :)

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.
Click to expand...
 
Last edited by a moderator:
Congratulations Belmont99

You wrote "got visa approval on 179th day and passport on 180 day after Cyber denial came." Does this matter? Visa is for travel purpose right?
I got my approval with I-94 card (there is time gap though between last approval expire date and new approval's validity start date). If I'm not planning to travel then is it necessary to go for visa stamping?

UN: May be you will have better idea.

Thanks
 
Got H1 approval without I-94, that's why i went outside USA for stamping
csoftvictim said:
Congratulations Belmont99

You wrote "got visa approval on 179th day and passport on 180 day after Cyber denial came." Does this matter? Visa is for travel purpose right?
I got my approval with I-94 card (there is time gap though between last approval expire date and new approval's validity start date). If I'm not planning to travel then is it necessary to go for visa stamping?

UN: May be you will have better idea.

Thanks
Click to expand...
 
Hi Belmont99,

Please reply.

Congrats on your successful stamping.
I too am planing for stamping 7th year ext in Vancouver.
Could you please tell me the reason the Canada VO rejected first your visa to Canada?
I am applying for Canada visa now. Your feed back could help me a lot.
Do you have any US born kids? I have one, and do not know to whether she need Canada visa or not.

And please let me know if they asked you about W2 from CSFT for 2005. As you know none of us got CSFT W2 form for 2005.

Please reply
 
Hi UN/Belmont99,

Hi UN,

Its always difficult to find words to appreciate your service in these forums. Please help me with your guidance.
I am a victim of CSFT. Do not have W2 for 2005 as you are well aware. I have w2 for the Sept-Dec from my current employer. And still working for current employer. They filed my H1B before CSFT denials. That was approved. And now they filed for 7th year extension too. I am planning to go for stamping eitehr in Canada or Mexico. Please help me your your guidance for below questions:
My questions:
1. Mexico is better or Canada?
2. I have US masters in Computer Science and Engineering, Is that any useful in getting visa stamping smoothly?
3. For Canada/Mexico do I have to get Canada/Mexico visa to enter into their territory for visa stamping?
4. If question to 3 is Yes, do I have to apply for Visa for my US born kid?
5. As you guys all know, No W2 from CSFT for 2005, will this be any issue in getting stamped? I have all paystubs and 2005 W2 from my current employer(Oct to Dec2005)
6. I have US born daughter, does she need to aplly for Canada/Mexico visa? She has US passport.


Thanks and Regards,



gcoption said:
Hi Belmont99,

Please reply.

Congrats on your successful stamping.
I too am planing for stamping 7th year ext in Vancouver.
Could you please tell me the reason the Canada VO rejected first your visa to Canada?
I am applying for Canada visa now. Your feed back could help me a lot.
Do you have any US born kids? I have one, and do not know to whether she need Canada visa or not.

And please let me know if they asked you about W2 from CSFT for 2005. As you know none of us got CSFT W2 form for 2005.

Please reply
Click to expand...
 
UN,

Thanks for answering my questions in this confusing situation.

I can try stamping my new H1 transferred visa by going to US consulate in Canada. But, is returning to US on this trasnsferred H1 B visa after the 7th yr extension(since it's the bridge between this H1 transfer) and filed by Cysft was denied (most likely), safe ?

1st of all shouldn't people whose GC application is denied and has completed 6 yrs stay outside of US for atleast 1 year?

I am really confused. I do not want to live in US with this uncertainty unless the above understanding is incorrect.

thanks.

unitednations said:
I'm saying that you were incorrect to leave. There is many options to get back onto h-1.

I imagine that your visa has expired and you would have to go for visa stamping. You may get caught in a situation where they see you have passed six years have an approved extension but the basis that you got the extension (cybersoftek 140) no longer exists. They may give you a hard time over that.

You should come back to USA.
Click to expand...
 
Thanks for your wishes,
Canada VO asked me about my status, i told her i dont have status, i am not working now and i dont have AP or any H1 , then she rejected my visa,

its good to show them US passport of your kid.
Canada VO is just looking for legal status in USA.if we dont have then it will be tough to get but if you explain your situation they may consider,
for my case they considered.
she didnt ask anything other than valid H1. no need to worry about w2 of Csoft but if you have them, take them with you to canadian embassy
all the best.
gcoption said:
Hi Belmont99,

Please reply.

Congrats on your successful stamping.
I too am planing for stamping 7th year ext in Vancouver.
Could you please tell me the reason the Canada VO rejected first your visa to Canada?
I am applying for Canada visa now. Your feed back could help me a lot.
Do you have any US born kids? I have one, and do not know to whether she need Canada visa or not.

And please let me know if they asked you about W2 from CSFT for 2005. As you know none of us got CSFT W2 form for 2005.

Please reply
Click to expand...
 
Last edited by a moderator:
Thnaks Belmont99

It is great help for me. I will be going to Vancouver on 11th May. Will update the forum, once I am done succesfully.


Belmont99 said:
Thanks for your wishes,
Canada VO asked me about my status, i told her i dont have status, i am not working now and i dont have AP or any H1 , then she rejected my visa,

its good to show them US passport of your kid.
Canada VO is just looking for legal status in USA.if we dont have then it will be tough to get but if you explain your situation they may consider,
for my case they considered.
she didnt ask anything other than valid H1. no need to worry about w2 of Csoft but if you have them, take them with you to canadian embassy
all the best.
Click to expand...
 
unitednations said:
After his 485 denial, he had no h-1. Therefore, was out of status and accruing unlawful prescence.

He had until March 29th to leave the country or get back in status so that the 3 year bar didn't kick in.

The timing worked out that his h-1 was approved last week without I-94 card and he got out of usa before 180 days (3 year bar); consular office gave him a visa to allow him back into usa. Now he is safe.

Since most people's 485's were denied end of September; if they don't have valid I-94 card then the clock would have run out this week. If people didn't leave they would be barred from adjusting status.
Click to expand...

Hi Friends & UN,
I got my H1 and I94 approved till Nov 98. My new employer has filed my Labor. Technically my 6 yr period gets over in Nov 2006(counting the vacation + 6 months out of country time). Is there a necessity for me to go and get visa stamped or I am safe?? I am in CALIFORNIA
1 more q:
Does anyone know that if we go for stamping in India, can we fall in EMERGENCY category cos we are working in USA?? Please advise.
 
Yes. all US residents can go thru emergency category

lostbattle said:
Hi Friends & UN,
I got my H1 and I94 approved till Nov 98. My new employer has filed my Labor. Technically my 6 yr period gets over in Nov 2006(counting the vacation + 6 months out of country time). Is there a necessity for me to go and get visa stamped or I am safe?? I am in CALIFORNIA
1 more q:
Does anyone know that if we go for stamping in India, can we fall in EMERGENCY category cos we are working in USA?? Please advise.
Click to expand...
 
Hi Friends & United Nations,

Last year in between July – Oct 05 my I140 and I485 got denied because of the Cybersoftec, it did not respond to I140 Intent to deny letter.And as we ll know about the fraudulent.

Now I got my RIR - EB2 PD 08/2004 approved and I am about to file I140 with my present company, my question is, what would be the consequences on I140 filing, do my employer need to disclose about last denial in current I140, last one was a substitute Labor with SAP Skillset from Vermont, and now my own labor with Testing Skillset from Nebraska.

What would be your suggestion? and what would you think on the consequences of it.
 
portability of Regular labor and PERM labor priority dates

UN,

You helped us (Cyber victims) before and still helping.

I want to understand the portability of Regular labor and PERM labor priority dates benifits.

If X Company had filed the regular labor (EB2) for employee Y in mid 2004; and state labor is cleared and now it’s pending before BEC after receiving 45 days letter.
If said company wants to start the PERM process (EB2) for the said employee, and if PERM cleared then, I-140 will be filed and assume that I-140 is cleared.
Now the question is,
A) Is regular Labor process will be void, once the PERM labor process started/cleared?
B) If yes, then can we use the Regular labor priority date after PERM and I-140 cleared for I-485 cut-off date?

Your help will be appreciated.
Thanks,
Cyber.GC
 
Hi UN,
1.What is the significance of 40 day notice for Labor in backlog center?
2. Is it safe to file another labor via PERM in EB2 while a pending EB3 labor is in Phili backlog center?The reason being backlog center EB3 labor priority date is 2004. If the new PERM labor & 140 gets approved assuming that the old EB3 & 140 also get approved, will it help to advance by 2 yrs or is it risky??
 
Hi UN,
Is it true that the job description of the new labor has to be same as old one in order to transfer the priority dates. (I am referring to if I file Labor using EB2 PERM cos my old labor is in backlog and in EB3. This will help me gain the priority date )
 
Bad news for all Cybersoftec victims

I recently heard from someone that USCIS is treating all the 300-350 families as frauds and not as victims. I heard of a guy who received an inquiry on his applied I485 (this I485 was after the Cybersoftec rjected I485). In the RFE, USCIS has inquired on the rejected Cybersoftec's I485.

On inquiry with USCIS, he was told that USCIS considers him a fraud till the Cybersoftec case comes up for hearing. The judge will then decide whether all the 350 families are victims or frauds. If they are considered as frauds then they will be prosecuted too. They might have to go to jail and will definitely never receive a green card or US visa.

This bast*** has ruined a lot of lives really bad.
 
ajay_sanghvi said:
I recently heard from someone that USCIS is treating all the 300-350 families as frauds and not as victims. I heard of a guy who received an inquiry on his applied I485 (this I485 was after the Cybersoftec rjected I485). In the RFE, USCIS has inquired on the rejected Cybersoftec's I485.

On inquiry with USCIS, he was told that USCIS considers him a fraud till the Cybersoftec case comes up for hearing. The judge will then decide whether all the 350 families are victims or frauds. If they are considered as frauds then they will be prosecuted too. They might have to go to jail and will definitely never receive a green card or US visa.

This bast*** has ruined a lot of lives really bad.
Click to expand...

procecutors have prove that one was willingly and knowingly commiting fraud. These is no way most of these victims could know that their company was commiting fraud.
 
GreenCardVirus said:
procecutors have prove that one was willingly and knowingly commiting fraud. These is no way most of these victims could know that their company was commiting fraud.
Click to expand...

USCIS has proof (with complete check details) of payments to Cybersoftec for labor purchase etc. If purchasing a labor is not fraud then what is?
 
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