NEW THREAD FOR 420 -CSOFT-NJ based company

cyber.GC

Registered Users (C)
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.
Ajay, I don't know why you are misguiding the CS victims.
I receantly seen a DOJ letter; which one of my friend received, who is also one of the victim. The letter said and confirmed that he is the victim, and what are his rights as a victim. DOJ also inform him to prepare the purticular list of the dues with CS to submit them if he has. As per the letter, DOJ keep posted him the case status and he also got the access of VNS site.
Stop this nonsense.

Cyber.GC
 

ajay_sanghvi

Registered Users (C)
I ahve sent you a private message

cyber.GC said:
Ajay, I don't know why you are misguiding the CS victims.
I receantly seen a DOJ letter; which one of my friend received, who is also one of the victim. The letter said and confirmed that he is the victim, and what are his rights as a victim. DOJ also inform him to prepare the purticular list of the dues with CS to submit them if he has. As per the letter, DOJ keep posted him the case status and he also got the access of VNS site.
Stop this nonsense.

Cyber.GC
CyberGC,
Please check your inbox.
 

lostbattle

Registered Users (C)
cyber.GC said:
Ajay, I don't know why you are misguiding the CS victims.
I receantly seen a DOJ letter; which one of my friend received, who is also one of the victim. The letter said and confirmed that he is the victim, and what are his rights as a victim. DOJ also inform him to prepare the purticular list of the dues with CS to submit them if he has. As per the letter, DOJ keep posted him the case status and he also got the access of VNS site.
Stop this nonsense.

Cyber.GC
Even I recieved a letter from DOJ confirming that we are victims. But I have not been asked to prepare a list of dues etc. The hearing is on 18th Sep and Nick has pleaded guilty on 16th June I believe. The letter says that Nick has pleaded guilty.

UN, Any comments??
 

gcno

Registered Users (C)
UN,

I applied for GC last July 2005 through cyberfraudtech. I did not join the company and didn't pay any money to them. I still see LUDs on my I-485 and I-140 application. I am on a 7th year H1B(Later filed another I-140 through my current company). Am I in trouble too or should I have withdrawn the I-485 ?

Really appreciate y'r response
 

lostbattle

Registered Users (C)
unitednations said:
DOJ=Department of Justice?

Or

DOL=Department of Labor?


The people who would be in trouble are the ones who received immigration benefits and are still benefiting from them (ie., they got greencard).

Greencard will be taken away in recission proceedings.

Now; once the immigration benefits are taken away you must ensure that you have another basis for staying here (some other compoanies h-1, some other companies 140/485).

At the worse case; people who worked with Cyber have shown their intention to work so there wouldn't be ANY problems for them.

People who bought the labor and didn't work for Cyber would have to prove they planned on working with him upon greencard approval (this is worse case which won't happen). The Government goes after the culprit who started it and makes an example of them. For individuals such as you they generally won't go after you because it would hamper future investigations in other companies since people wouldn't cooperate.
Hi UN,
Thanks.I got letter from Dept of Justice. DOJ indicated that Nick has pleaded guilty and referred us as victims.

I was full time employee of CST since Dec 2004 and was not knowing of these shady dealings of the co when I joined. My H1 was filed by them and my GC was also being processed by them as I was on their payroll. I got denial of CST 140 & 485 sometime in Jan 2006.

After I heard abt all these scandals, I transferred my H1 to another company in Nov 2005. I got my new H1 stamped in India to reenter US in May 2006. Will there be any problem in my case.
 

ajay_sanghvi

Registered Users (C)
unitednations said:
Come on; let's not get into individual situations.

Bottom line in my opinion:

People who worked have no problem in proving they had bona fide intentions.

People who didn't work can only rely on they had intent to work.

DOJ/USCIS are not interested or have the resources to go after individual candidates. If in the course of their investigation they found fake degrees, fake w2's (that you supplied) then that is where the trouble could be.

UN,
I am hearing from 2 people (both on this forum) that they have received some form of communication from DOJ. The DOJ letter states that Nick has pleaded guilty and they are victims.
I know atleast 5 people (including me) who have not received anything from DOJ. Does that mean we are not victims and we are frauds ... as per DOJ? How do we get in touch with somebody at DOJ and find out what is happening?

Please advise.
 

ajay_sanghvi

Registered Users (C)
I just received the DOJ letter ...

gc12gc said:
I emailed DOL attorney and she replied back and said those letters are not from their office.. Looks like those are some other Agency !
gc12gc,
The letter is not from DOL but from DOJ and I finally received the letter today.

A few lines from the letter ...

"Dear XYZ,
Your name was forwarded to our office by law enforcement as a victim (or potential victim) in the above mentioned criminal case. We will continue to provide you with updated scheduling and event information as the case proceeds through the criminal justice system."


The letter gives me access to the VNS (victim notification system) and also talks about my rights as a victim. It also contains the case number and court docket number.


It also says ...
"On June 19, 2006, defendant NARENDRA V MANDALAPA, pled guilty to the charges listed below. Any remaining counts will be disposed of at the time of sentencing. As a result of the guilty plea, there will be no trial involving this defendant.
Number of charges:1
Charge: Fraud and misuse of visas, permits, and other documents
Disposition: Guilty
The sentencing hearing for defendant(s) Narendra V Manadalapa, has been set for September 18, 2006, 2:00 PM."



It also says ...
"A United States Probation Officer prepares a report for the court and may contact you to discuss the impact the crime had on you financially, physically, and/or emotionally. If you are contacted, please make every effort to provide accurate and detailed information"


-Does this mean he is guilty on 1 count only?
-Are we officially classified as victims?
-What happens to us if we have been classified as victims ... meaning future green card application?
-What is the maximum sentence for this M*****F*****?
-Will we ever get our money back?


Any comments.
 

gc12gc

Registered Users (C)
ajay_sanghvi said:
gc12gc,
The letter is not from DOL but from DOJ and I finally received the letter today.

A few lines from the letter ...

"Dear XYZ,
Your name was forwarded to our office by law enforcement as a victim (or potential victim) in the above mentioned criminal case. We will continue to provide you with updated scheduling and event information as the case proceeds through the criminal justice system."


The letter gives me access to the VNS (victim notification system) and also talks about my rights as a victim. It also contains the case number and court docket number.


It also says ...
"On June 19, 2006, defendant NARENDRA V MANDALAPA, pled guilty to the charges listed below. Any remaining counts will be disposed of at the time of sentencing. As a result of the guilty plea, there will be no trial involving this defendant.
Number of charges:1
Charge: Fraud and misuse of visas, permits, and other documents
Disposition: Guilty
The sentencing hearing for defendant(s) Narendra V Manadalapa, has been set for September 18, 2006, 2:00 PM."



It also says ...
"A United States Probation Officer prepares a report for the court and may contact you to discuss the impact the crime had on you financially, physically, and/or emotionally. If you are contacted, please make every effort to provide accurate and detailed information"


-Does this mean he is guilty on 1 count only?
-Are we officially classified as victims?
-What happens to us if we have been classified as victims ... meaning future green card application?
-What is the maximum sentence for this M*****F*****?
-Will we ever get our money back?


Any comments.
Thanks for information ... May be every one will get letters soon .
 

blocklisted200

Registered Users (C)
Ajay consider my case

Ajay,

Colnsider mycase

i have solid proofs i didn't paid towards labor.
Cybersoftec deducted from my paycheck $2500.I saved all mail communication with them regarding this deduction towards labor.This is big crime in USA.Under DOL labor law "they cannot deduct any money from employee payscheck without employee approval".that's what DOL agent told me.

I worked with them for 9 months and my 140 denied and also 485 denied.

According to my current attorney who has 32 years of experience in immigration field working with Federal gov.

If 485 denied based on 140 denial.That is company issue.They don't look at your case.If 140 approved but 485 denied.Then they woll check your case sometimes while approveing another 485 through some other company.

The above statment he read and copied from immigration law book and sent it to me.
 

VMI

Registered Users (C)
Due money from client

Hello United Nations.

How do I get my monies from the client for the work done in Oct and Nov of 2005 when i was working at a client thru the lovely company in question here. I was really an employee of them. The client refuses to respond to my queries since they say its between the consulting co. and them , the contract I mean. How do I get paid for the labor I did in oct and Nov and spend my own money in the expenses incurred for the client travel.

I mean this company cs*$t has seized to exist.

Any ideas .... I could really use the money right now... since I have paid a lot of it to the lawyers to save my status.
 

tammy2

Registered Users (C)
unitednations said:
legally you could not backdate the contract and get monies to the new company for the time frame where contract between cybersoftec and vendor was in force.
Since he was an employee of the CS even client paid it or not is it not the obligation of CS to pay the wages?
 

AnotherVictim1

Registered Users (C)
Do not know what to complain as a future employee

unitednations said:
Generally, a corporation is a separate legal entity and lawsuits/damages cannot be pierced through to the shareholder.

It is called "piercing the corporate veil".

However, there is possibility that Nick would have to pay the corporation liabilities of h-1b violations to the concerned people.

As a minimum; DOL/DOJ would go easier on him if he paid personally. If he wanted to stick to the story that it is company liability then they would go after him harder.

H-1b gives much more protection to employees then non h-1b people.

UN,

As a future employee to that company, I really have no idea what to complain to DOL/USCIS. Others have base regarding their wages. I understood the patterns you mentioned about victims/after victims scenarios.

By the way, I did not get any benefit out of this. All I got is EAD. And my wife and me never used EAD for any purpose other than getting SSN for my wife.

Do you think it is a good idea to lodge complaint and to tream me also a victim because of case denials, cheating and my future prosperity? Can you help on this. Thanks for you generous help on this form. I would like to do some correspondence on my case with DOL/USCIS as per your guidence. I am happy to go with your professional consultancy.

Regards,
 

uts2004

Registered Users (C)
Urgent: H1 Visa Stamping for Ex-Cybersoftec employee

Question to all the immigration gurus,

I am going to US consulate in Canada for my H1 B stamping. I have following situation.

Situation:
Before the Cybersotec debacle happened last August 2005, Cybersoftec had filed for my 7th year H1 B extension.
I left the that company in December, filed my H1 B transfer on the premises of awaiting 7th H1 B extentions' response.
In March 2006, INS approved my H1 trasnfer application with this new company and provided me with H1 visa up to Nov 2008 (I don't understand the reason, why though !).
However, by then I had moved to Canada. But now, I am planning to return to US on this H1 B visa.

Questions:
will there be any specific questions, I'll be asked related to my new H1 B, considering the whole Cybersoftec debacle ?
can I carry a both B1 visa and H1 B visa, of course both from different companies ?

Thanks in advance.
 
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