NEW THREAD FOR 420 -CSOFT-NJ based company

UnitedNations..Please reply..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.
 
UnitedNations - Please see if you can answer this

Hi Guys, I am a victim of CSoft and even after a year i am still reeling from the damage caused by Nick.

United Nations can you please help me if there is a way out for me.

1. 8th year H1B expires on Nov 30 2006.
2. Perm Labor applied on Oct6th 2005 - approved Dec 13th 2005 (EB2)
3. This means the labor was applied in the 7th yr and on Oct 6th2006 will be 1yr old.
4. I-140 pending since June 13th 2006 - EB2
5. Other older labors may not be available (lawyer would have replied on the first day of the 45 day notice)

Main question is that, can i apply for a one year extension based on the labor which was applied in the 7th year and approved.

Thanks a lot for your help and again if this is not the right form - i apologize.

-RD
 
Thanks UN

Thats a million dollar reply for me. I am about to make a big investment and wanted to make sure i have a chance to stay for a little while.

Thanks Again.
-Anurag
 
unitednations said:
If you are not sure and want peace of mind, then you can file for extension now in premium processing and get it approved within two weeks.
Click to expand...

How is that possible? I am not sure if the labor through which i entered my 8th year is still valid and this labor has not matured to 1 year yet. Although my 140 is pending that would not be a basis for the extension right of h1 right?

-Regards
RD
 
unitednations said:
USCIS clarified it in memo last year that you can file for the extension even though the labor may not be one year old at the time you file for the extension but will be one year old by the time your current I-94 card expires.
Click to expand...

That is a pleasent surprise for me. If that is the case it will relieve a lot of headache off of me.
Thanks
RD
 
Hi UN,
The labor filed by my employer is in backlog and is EB3, I am in 8th yr extension. Is it safe to ask him to file another labor thru PERM in EB2 so that I get 3 yrs extension after 140 approves? During 485 filing, will I be able to use the PD date of my old labor??Some folks say its risky..What may be the risks?
Thanks in advance.
 
AnotherVictim1 said:
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,
Click to expand...

I think it is TOO late to complain. So far there are 35 complaints of which over 20 have submitted solid evidences. Not sure what made you wait so long.
 
UN, others please respond

I was a cyber victim. Highlights of my story
1)Got EAD, I-140 approved in Feb-05. Joined CS after EAD approval
2)I-485 denied Oct-05.
3)Already had valid h1, h4 from previous employer and he agreed to hire again
4)Spouse and I went to Canada in second week Nov-05 for two days and used Auto Revalidation to convert back on h1,h4. FYI: As you know they don't issue new I-94
5)Spouse is in Sechedule A and his employer filed for I-140, I-485, EAD. We included proofs of our canada visa including receipt of purchase via credit card in Toronto, CN tower tickets etc.
6)EADs, I-140 approved, first FP done
7)Online we see a message on I-485s that files have been transferred to local office.

If asked during interview we would tell the truth about previous I-485 denial and it's story. We don't intend to hide anything.

Do you know what could have trigerred file transferred to local office? Also, do you foresee any issue during interview? can you also advise what should we carry in an interview. I know that inteview may not happen soon but wanted to hear your comments, inputs for our pice of mind. Your hlep would be much appreciated.
 
javaxmlsoapdev said:
I was a cyber victim. Highlights of my story
1)Got EAD, I-140 approved in Feb-05. Joined CS after EAD approval
2)I-485 denied Oct-05.
3)Already had valid h1, h4 from previous employer and he agreed to hire again
4)Spouse and I went to Canada in second week Nov-05 for two days and used Auto Revalidation to convert back on h1,h4. FYI: As you know they don't issue new I-94
5)Spouse is in Sechedule A and his employer filed for I-140, I-485, EAD. We included proofs of our canada visa including receipt of purchase via credit card in Toronto, CN tower tickets etc.
6)EADs, I-140 approved, first FP done
7)Online we see a message on I-485s that files have been transferred to local office.

If asked during interview we would tell the truth about previous I-485 denial and it's story. We don't intend to hide anything.

Do you know what could have trigerred file transferred to local office? Also, do you foresee any issue during interview? can you also advise what should we carry in an interview. I know that inteview may not happen soon but wanted to hear your comments, inputs for our pice of mind. Your hlep would be much appreciated.
Click to expand...

This came out while discussing some other similar case.

To Avail the automatic revalidation you must be in a non-immigrant status. Apparently Pending AOS is not a non-immigrant status. That too you went for that after getting the denial. So I am not sure about the successful auto revalidation.

Check with some good attorney.
 
number30 said:
This came out while discussing some other similar case.

To Avail the automatic revalidation you must be in a non-immigrant status. Apparently Pending AOS is not a non-immigrant status. That too you went for that after getting the denial. So I am not sure about the successful auto revalidation.

Check with some good attorney.
Click to expand...
number30:- was anyone else in the similar situation? can you provide details and also if you have any link to USCIS memo stating your above statement (auto revalidation is valid only if you are on non immigrant status), please forward it across.

UN:- Can you please shed some light on this? I need your help.
 
javaxmlsoapdev said:
number30:- was anyone else in the similar situation? can you provide details and also if you have any link to USCIS memo stating your above statement (auto revalidation is valid only if you are on non immigrant status), please forward it across.

UN:- Can you please shed some light on this? I need your help.
Click to expand...

http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html
http://www.immigrationlinks.com/news/news1807.htm

For the other person we advised him to go to India and come back with new stamping. He applied I-485 after his stamping in India. His case is also transfered to Local office and waiting for Interview.
 
unitednations said:
There is only two ways which dictates your status in USA.

1) What status you entered USA

2) If you changed your status while in USA.

Your last action dictates your status.

Since your last action was re-entering USA on H-1/H-4 then that is what your status is. Auto revalidation is just re-entering USA from Canada, Mexico (western hemishphere); and you can re-enter without a visa in the classification that you are requesting to enter; or an expired visa in another classification.

You did the correct thing by using auto revalidation and then applying 140/485; and gave the proper documentation.

Lots of people get sent to local uscis office. I wouldn't worry too much about exiting and re-entering on auto revalidation.
Click to expand...

One of the Condition for autorevalidation is
(iii) Has maintained and intends to resume nonimmigrant status;

Moreover according him his last action was using the EAD.
 
unitednations said:
"intends to resume non immigrant status" is those categories which are not dual intent.
Click to expand...

You took only half the sentence what about the other part, which says "Has maintained"

Dual intent or not basically H1 is a non-immigrant visa.
unitednations said:
They cannot write their procedures/laws to accomodate every scenario.
Click to expand...

That is what exactly our company attorney said. Contagious territory law was enacted just for free movement of the people. It is not meant to get the revalidation. If it is misused officer may decide the I-485 was applied while the applicant is out of status.
 
unitednations said:
OK.


We can agree to disagree.
Click to expand...

Of course It does not matter atleast to us. I would ask him go to the immigration attorney who actually pleads in the immigration courts
 
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calling UN again

UN:- We received our interview letters yesterday. Our interview is in later part of next month.

Following is an item checked in the letter, which we need to carry :
"a)This letter, Your passport, your I-94 (ARRIVAL/DEPARTURE FORM), IF ANY"

At the very bottom of the page(similar to Disclaimer) is as below:
"Affidiavit of support (if not already submitted). ALL ORIDIGNAL DOCUMENTS WHICH SUPPORT THE PETITION/APPLICATION, INCLUDING: Birth, Marriage, Divorce and Death certificates. All foreign documents must be accompained by certified English translations. If your application is based on a marriage to a U.S. Citizen or lawful resident alien, both spouses must appear."

We plan to carry all h1/h4, employment letter(s),paystubs, Tax returns etc.

Can you advise if anything is missing and also please share your comments on this interview letter (only one item (item (a) above) is asked to carry).

My spouse (primary applicant)'s employer (company she works for) is based in different state and spouse is consulting through employer in NY. If any question asked related to this, how to respond, can you please advise.

Would you advise to take our lawyer along in this interview? Please also let me know if you foresee any issue?

Thanks a lot.
 
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UN & others, would you be kind enogh to respond this post. Thanks

javaxmlsoapdev said:
UN:- We received our interview letters yesterday. Our interview is in later part of next month.

Following is an item checked in the letter, which we need to carry :
"a)This letter, Your passport, your I-94 (ARRIVAL/DEPARTURE FORM), IF ANY"

At the very bottom of the page(similar to Disclaimer) is as below:
"Affidiavit of support (if not already submitted). ALL ORIDIGNAL DOCUMENTS WHICH SUPPORT THE PETITION/APPLICATION, INCLUDING: Birth, Marriage, Divorce and Death certificates. All foreign documents must be accompained by certified English translations. If your application is based on a marriage to a U.S. Citizen or lawful resident alien, both spouses must appear."

We plan to carry all h1/h4, employment letter(s),paystubs, Tax returns etc.

Can you advise if anything is missing and also please share your comments on this interview letter (only one item (item (a) above) is asked to carry).

My spouse (primary applicant)'s employer (company she works for) is based in different state and spouse is consulting through employer in NY. If any question asked related to this, how to respond, can you please advise.

Would you advise to take our lawyer along in this interview? Please also let me know if you foresee any issue?

Thanks a lot.
Click to expand...
 
What is this?

Hi ,
There is some message change on my I-485 application last week.It was denied last year sept'05.I do not know what they are doing.
---------------------------------------------------------------------
The following is the latest information on your case status

Receipt Number: EAC042385xxxx.

Application Type: I485 , Application to Register Permanent Residence or
to Adjust Status

Current Status:

On March 29, 2005, the results of your fingerprint review for your I485
Application to Register Permanent Residence or to Adjust Status were
received, and processing has resumed on your case. We will mail you a
notice if further action is needed, or when a decision is made.

If you have questions or concerns about your application or the case
status results listed above, or if you have not received a decision or
advice from USCIS within the projected processing time frame*, please
contact the National Customer Service Center.

National Customer Service Center (800) 375-5283.

*The projected processing time frame can be found on the receipt notice
that you received from the USCIS.
*** Please do not respond to this e-mail message.


Sincerely,


The U.S. Citizenship and Immigration Services (USCIS)
 
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