NEW THREAD FOR 420 -CSOFT-NJ based company
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Hi all,
I have not received the letters yet. For 3 days my I140 and I485 LUD are changing, but change in the message. Also no change in LUD and message for 765 and 131 cases.
Are our I140 also being denied/revoked. Can we appeal?
Could you tell while LUD was changing, did messages also change? If yes what was the message?
Also, please post the contents of the 485, 131, 765 denial letter.
Thanks
I have not received the letters yet. For 3 days my I140 and I485 LUD are changing, but change in the message. Also no change in LUD and message for 765 and 131 cases.
Are our I140 also being denied/revoked. Can we appeal?
Could you tell while LUD was changing, did messages also change? If yes what was the message?
Also, please post the contents of the 485, 131, 765 denial letter.
Thanks
ajay_sanghvi
Registered Users (C)
received the denial notice today for the entire family
I140 denials of the whole company
Does anyone know if the denials are for eveyone in the company or just few? My I140 was approved on 1/19/2005 but there was a LUD change round about in july which said
Current Status:
Our last written notice in this case was returned as undeliverable by the post office on August 29, 2005. To update the mailing address so this notice can be re-sent, please call the National Customer Service Center at (800) 375-5283.
On checking with K/N they said it was becuase of the company query and should get resolved when they send in the contract/W4/I9 paperwork
Both I140 and 485 online dates were updated to 10/3 but nothing in the message was changed.
Does anyone know if the denials are for eveyone in the company or just few? My I140 was approved on 1/19/2005 but there was a LUD change round about in july which said
Current Status:
Our last written notice in this case was returned as undeliverable by the post office on August 29, 2005. To update the mailing address so this notice can be re-sent, please call the National Customer Service Center at (800) 375-5283.
On checking with K/N they said it was becuase of the company query and should get resolved when they send in the contract/W4/I9 paperwork
Both I140 and 485 online dates were updated to 10/3 but nothing in the message was changed.
I485 denied
This is how the denial letter reads:
On november 10 th 2004 you filed an application to register permanent residence or adjustment status(form I 485) under section 245 of the immigration and nationality act(http://uscis.gov/graphics/howdoi/hdi245i.htm)
Title 8 code of federal regulations in part 245.2(a)(2)(i) states:
Before an application for adjustment of status under section 245 of the act may be considered properly filed,a visa must be immediately available. If a visa would be immediately available upon approval of a visa petition,the application will not be considered properly filed unless such petition has first been approved. If an employment based petition filed unless such petition has first been approved. If an employement based petition filed for classification under section 203(b)(1),(2),or(3) of the act is submitted simultaneously with the adjustment application, the adjustment application shall be retained for processing only if approval of the visa petition would make a visa immediately availabe at the time of filing the adjustment application. If the visa petition is subsequently approved, the date of filling the adjustment application shall be deemed to be the date on which the accompanying petition was filed.
The immigration petition filed on your behalf by "C" was denied.
Absent evidence that you are entitled to any other immigration classification, your application must be, and hereby is denied.
The regualtions do not provide for an appeal from this decision.
I WAS ON PAYROLL AND I DID ALL THE PAPERWORK THAT THEY SAID THEY WERE SUBMITTING TO USCIS.I 485 DENIED
This is how the denial letter reads:
On november 10 th 2004 you filed an application to register permanent residence or adjustment status(form I 485) under section 245 of the immigration and nationality act(http://uscis.gov/graphics/howdoi/hdi245i.htm)
Title 8 code of federal regulations in part 245.2(a)(2)(i) states:
Before an application for adjustment of status under section 245 of the act may be considered properly filed,a visa must be immediately available. If a visa would be immediately available upon approval of a visa petition,the application will not be considered properly filed unless such petition has first been approved. If an employment based petition filed unless such petition has first been approved. If an employement based petition filed for classification under section 203(b)(1),(2),or(3) of the act is submitted simultaneously with the adjustment application, the adjustment application shall be retained for processing only if approval of the visa petition would make a visa immediately availabe at the time of filing the adjustment application. If the visa petition is subsequently approved, the date of filling the adjustment application shall be deemed to be the date on which the accompanying petition was filed.
The immigration petition filed on your behalf by "C" was denied.
Absent evidence that you are entitled to any other immigration classification, your application must be, and hereby is denied.
The regualtions do not provide for an appeal from this decision.
I WAS ON PAYROLL AND I DID ALL THE PAPERWORK THAT THEY SAID THEY WERE SUBMITTING TO USCIS.I 485 DENIED
ajay_sanghvi
Registered Users (C)
law_chris said:Does anyone know if the denials are for eveyone in the company or just few? My I140 was approved on 1/19/2005 but there was a LUD change round about in july which said
Current Status:
Our last written notice in this case was returned as undeliverable by the post office on August 29, 2005. To update the mailing address so this notice can be re-sent, please call the National Customer Service Center at (800) 375-5283.
On checking with K/N they said it was becuase of the company query and should get resolved when they send in the contract/W4/I9 paperwork
Both I140 and 485 online dates were updated to 10/3 but nothing in the message was changed.
Same thing happened to me ... same dates. Received the denial notices today.
ajay_sanghvi
Registered Users (C)
tammy2 said:
tammy2,
on what grounds?
No Appeal
Alll the cases are being denied on the basis of fruadulent activity(what else can you think of ), hence I do not think you can use AC21 since
AC21 is portability rule which can be utilised only if the I140 is approved and stays approved until AC21 is approved and of course 485 has been pending for more than 180 days.
Your best bet is if you have the I140 approval notice you can file for a h1b1 extension for 3 years under premium, I got mine approved last week. BUt do check with your lawyer before you do that.
good luck
Alll the cases are being denied on the basis of fruadulent activity(what else can you think of ), hence I do not think you can use AC21 since
AC21 is portability rule which can be utilised only if the I140 is approved and stays approved until AC21 is approved and of course 485 has been pending for more than 180 days.
Your best bet is if you have the I140 approval notice you can file for a h1b1 extension for 3 years under premium, I got mine approved last week. BUt do check with your lawyer before you do that.
good luck
NewVictim2005
Registered Users (C)
law_chris said:
The attorney at www.immigration-law.com, said that the approved H1 extension cannot be used if I485 got denied and 6 years on H1 is completed.
Q25: My I-485 has been pending and I have been working on H-1B which has been granted beyond 6 year-limit under AC 21 Act. I know that I will be able to extend my H-1B "indefinitely" until visa number is available and my I-485 application is adjudicated. What happens with my H-1B status if my I-485 is denied? Will my H-1B status be automatically terminated at the time of I-485 denial, assuming the decision is not appealed? A: If 485 applicant maintains H-1B visa status during the H-1B six-year limit, denial of I-485 will not affect his/her H-1B status and he/she will be able complete the H-1B period and even extend the H-1B status within 6 year limit. However, when he/she works in H-1B status beyond 6 year under AC 21, the extension is contingent upon pending I-485 application. Thus once I-485 is denied, his/her H-1B status will also cease under the AC 21 law.
cyberwyber
New Member
once again guys..
start using this forum: (I created another one, but since this one already exists it might be better to just use this).
http://finance.groups.yahoo.com/group/lawsuit_against_cybersoftec/
We don't want to loose another thread now. Most of you should already have a yahoo id, just create another nickname that is similar to your id here. At least overthere you have no danger of threads being deleted.
start using this forum: (I created another one, but since this one already exists it might be better to just use this).
http://finance.groups.yahoo.com/group/lawsuit_against_cybersoftec/
We don't want to loose another thread now. Most of you should already have a yahoo id, just create another nickname that is similar to your id here. At least overthere you have no danger of threads being deleted.
NewVictim2005
Registered Users (C)
hurricane345 said:
As far as I know:
Your EAD ceases on the day your I485 denied. If you have another valid H1
you can work for that company. If you dont have another H1, your legal stay in US ended on the day I485 denied. If you file new H1 with the I140 petition, you need to go to India for stamping, because they will not give I94 with the H1 approval, as you are not in valid status. Better option is to ask CST to appeal for your I140, so that you will be in status until you get your new H1. In that case they will give I94 along with H1 approval. Better talk to attorney about the options available to you. If a person stays more than 6 months illegally in US, he will not be allowed to enter US for 3 years.
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dipkrants2005
Registered Users (C)
prove fraud
How do we prove it is fraud? A company receiving denials in numbers has to be a fraudulent activity. However, how can we prove it? Looking at the denial letter it seems like lack of visa numbers, however, the key is why was there a letter of intent to revoke on the 140? 485 denials do not mean much bcoz they got denied due to I140s.
any guess?
ajay_sanghvi said:
How do we prove it is fraud? A company receiving denials in numbers has to be a fraudulent activity. However, how can we prove it? Looking at the denial letter it seems like lack of visa numbers, however, the key is why was there a letter of intent to revoke on the 140? 485 denials do not mean much bcoz they got denied due to I140s.
any guess?
dipkrants2005 said:
After reading all the threads and messages for last two weeks is that all you got? Where did you get the idea about "the lack of visa number"? Is it coming from the company management too? This company management brainwashed your brain so much that you just cannot think in your own. Good luck for your future!
I-485 denial notice clearly says "The immigration petition filed on your behalf by XXXXX (company name) was denied.". Does it ring any bell in your brain? This line has only one meaning - your I-485 denied because underlying I-140 is denied. You know why I-140 is denied. In case you don't know, just read the NOID letter that was sent to company about a month back. If you don't have it, ask for it. If they don't give you, request for FOIA at USCIS. Help yourself. Unless you do that yourself, nobody will be able to help you.
Sorry for being rude, but it's amazing to see the level of ignorance and self-denials after all these.