NEW THREAD FOR 420 -CSOFT-NJ based company

tammy2 said:
No major effect. But there is a very good chance of local transfer at I-485 stage. Keep a copy I-140 approval notice. It can be used to transfer your PD if required.
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What is local transfer and whats its effect?
 
Pralay Please check your PM

GC_MARATHAN said:
Hi Pralay,


I need the NOID copy or text content.

Please PM me the NOID or I can send you my email address .

Please let me know the convenient way.

Thanks for your help.
Click to expand...
 
Guys Dont Let N Go By

Looks like the activity on this forum has ceased...
not many posts...

I heard some one has already planned a big case against N

whats happening people.. dont let this guy go by
IS SOME ONE TAKING ANY PROACTIVE ACTION AGAINST THIS FELLOW

UN PRALAY JHARKHANI ASSUR>>>> HOW COME ALL ARE SILENT

WHAT SHUD BE THE NEXT PLAN ONCE PPL LEAVE THE COMPANY
 
Great JOb UN!!

Yes certainly with your genious and advice a few cases could have been
salvaged. but N is real stupid.. after all is lost he is trying to talk
to you and pass a message saying.... dont advise too much against us

You should have told him to resort to regular standard practices
of transparency and not playing with the lives of so many people.

You certainly handled him well... advise N to take that 3-4 lac job
in bangalore and leave this place for GOOD :)
 
Good to know about the conversation !!!

Anyone thinking is there any good about this conversation. NOTHING NOTHING. Just it is also a part of the PREAPPROVED LABOR SCAM.

GUYS wakeup and act accordingly - those who are victims of all this mess.
 
help-urgent

Just realized..
I dont have last months pay stub.but have all the previous pay stubs
How can i transfer my h1 to a new company...
 
No offense .. this below mentioned is general public opinion..
unitednations said:
I believe what happened is that the strategy company was trying was being rebuked by affected people, quoting some of my postings or conversations people had with me.

it was critized sharply because N has a history of scams and cheating..

Most of the discussion was him telling me his side of things or what they were trying to do to help. I think he understood that whatever he tells people, they are either going to post it asking for opinions or contact me or other members for advice or thoughts on what management was saying and whether it would work.

Whatever he told was never logical so people will always challenge

He figured that I should hear first hand what they were trying to do.

After all the denials came in?

I actually feel sorry for the whole situation. I think company was using gray areas of the law to their advantage with USCIS. However, everything went over board and now everyone is in a bind.

thats the difference between a smart and stupid business man?


The saracastic side of me was thinking that in the conversation he was trying to learn about me, etc. to somehow show his employees that I had a vested interest in seeing the business crumble. However, as the conversation went on, I think he got the sense that this is not what I am about and I just happen to know immigration and posting my experiences.

3yrs of constant posting and advicing is enough that your interest was
to help people genuinely... N shud have sensed that long ago..
what he shud sense is what a blunder he has made and ppl have
become homeless because of him.. if ppl have a heart .. they wud know
when to stop

I did give him some pointers on how to get people back on h-1, etc. and showed him the posting from immigration-law.com of how one can get back on h-1 even if they are not currently on it and six years has expired.
???? u still wanna give him info so he can screw ppl further by bringing them back.. advice him to peacefully let ppl take shelter else where..
2.> did u advice him to have some ethics and morals


Transparency; I'm a big believer in this. However, company position is really no different then other companies. Due to legal reasons, etc. no company wants to share information with their employees.

Yes.. but no company hides RFE,h1 approvals,checks bouncing,pay issues,lying,cheating,delay practices

One thing about Desi consulting companies is that they are actually more transparent then American companies. American companies won't give you an inch of information and they would chastise one for even asking.

But in general american companies wont resort to malpractices

The maximum way of getting his labors approved would have been to change his financial information in 2004. Although they had some mergers and got people on payrol in 2005 it didn't do anything to address 2004 which is where the prioirity dates are.

I don't know what the reason for the denials are, one could speculate; one labor for one person, ability to pay, etc.

If management tried using larger company for ability to pay in 2004 (ie., the one they merged with in 2005), USCIS position would be that previous company has to show ability to pay until merger date and then new combined entity from that date forward.

There is only one way that they could show the finances of the merged company back to 2004 from an accounting/legal point of view;

Whenever there is a merger between two companies, the accounting for it is either on the "purchase method" or "pooling of interests". Under the purchase method, you only take on the revenue, assets, liabilities after the purchase.

However, under the "pooling of interest" method, you combine the financials of the two entities as if the merger happened retroactively. Therefore, if they had set up the acquisition as a "pooling of interest" then they could have prepared audited financial statements in 2004 with the combined entity with revenues of $20 million or whatever it would have been. This would have gotten a lot more people approved.

However, time was short and I'm pretty sure company doesn't surround themselves with people who know how to marry immigration/accounting. Note: this isn't as easy as it sounds, there is many things involved to pull this thing off. Also, I'm a little rusty on whether they changed the accounting rules for "pooling". If there is any other CPA on the boards who wants to share their experience on this, it would be welcome.

From watching the postings over the last couple of months, it seems that the employees were really novices when it came to immigration matters and didn't know a whole lot. Even now, when people talk about getting their money back, etc. it just isn't that easy as it sounds.

Yes.. agree abt the money..its not easy. but they have been cheated

So many of the companies are in similar situations, although not on as big a scale. There has been many denials (nebraska is being very diligent in adding up people together to show ability to pay recently), the employees in those companies could have a similar type of argument as people here.

My advice is to get back in status, you will get the greencard eventually. There is enough postings of how people can get back onto h-1. This should be #1 priority.

The other company we discuss on these boards where employees are trying to hold accountable; they have started the process back in May/June and they were much more united. They managed to get passed around from one law firm to another, and the current law firm wants $3K/candidate plus a % of any settlement. I think those candidates are now losing steam.

For those candidates who have been making a lot of noise from this company, the management has actually sued them for the liquidated damages.

Although people are being emotional (understandably and rightfully so), you need to consider the whole situation. I'm going to post in the next thread an excerpt from H-1b, liquidated damages in the next thread that another poster had sent me.
Click to expand...

doesnt the management know employees are creating noise because..
they are in deep shit.what else can they expect... i think N shud
admit his mistake and let ppl smoothly move on...
 
Hi

my self and spouse got the denials on yesterday. she is working on EAD. does she needs to stop working immediatly. She is important role in her project which is going production next week.
 
Thankyou,

blocklisted200 said:
I spoke with one attorney regarding same situtation facing by one of my friend wife.

Attorney said,If you already filed another 485/EAD through other company by that time you got denial letter, you are pefectly fine.

After you got denial,you can file MTR.THis will delay the Invalidity of EAD for few weeks or Months.

Grace period of 180 to 240 days valid only for PRimary applicant not for derivative.

As for the attorney view,Wife can work on EAD untill validity date.
Legally you cannot work.But,USCIS not aware of this.Because,while you work on EAD,only your company and IRS knows that you are working.

But,legally you cannot work.It's not safe too
Click to expand...

Thankyou for the reply.
Actually i understood as per ur mail is that
My Wife can work till EAD validity date even after Denial and its not legal for me.
Am i correct.Pls let me know.
 
More Info

blocklisted200 said:
But,if you already filed another 485 you are fine or if you file MTR also she is safe for few weeks
Click to expand...

Yesterday i got the "Change of Address" notification which we applied two months back through AR11 and my calling USCIS.The notification mail stated that ,the application I485 got denied and they cannot send the original copy as they already send that Original Denial notice to the Previous address.And this notice is only send on my Wifes name and i am expecting it very soon.

Can i get the original denial notice by calling USCIS.

Can i file MTR,with out MY ORIGINAL Denial notice.What further info is reqired to file that MTR and what could be the result after filing that.

Sorry for asking so many questions....Hope you will understand my Position and my wifes status.
 
blocklisted200 said:
But,if you already filed another 485 you are fine or if you file MTR also she is safe for few weeks
Click to expand...

Above is only true if your MTR gets accepted by USCIS. If you see online message saying "Your Case has been Reopened..... " or something similar, means your MTR is accepted then only you LEGALLY can use EAD/AP until further decision is made by USCIS on your re-opened case.

However regardless of above said, you can continue working on EAD for less than 180 days if you can file another 485 within 180 days as 245K would cover you. Make sure not to violate it after 180 days to avoid 3-10 years bar.
 
pghan said:
Yesterday i got the "Change of Address" notification which we applied two months back through AR11 and my calling USCIS.The notification mail stated that ,the application I485 got denied and they cannot send the original copy as they already send that Original Denial notice to the Previous address.And this notice is only send on my Wifes name and i am expecting it very soon.

Can i get the original denial notice by calling USCIS.

Can i file MTR,with out MY ORIGINAL Denial notice.What further info is reqired to file that MTR and what could be the result after filing that.

Sorry for asking so many questions....Hope you will understand my Position and my wifes status.
Click to expand...
what does the online message read for your cases ?

Also, everyone, can they please tell if the message for their online cases changed ? If someone got approval before and then saw LUD changed and post which they got the denial letter in mail.

What I want to understand is, if SKB must have given his address on the applications, so he got employee's denial letter but did not tell the employee, how can a person check if his case is denied if only LUD changed and not the message on the USCIS website ?

So please post if anyone saw message change on USCIS website after seeing LUD changes and not receiving the letter in mail from USCIS(because SKB may have given his address for notices).

This will help us brothers know whats going on, when we see only LUD change, but do not get the letters as SKB's address may exist on our applications. THANKS.
 
dyingforgc said:
However regardless of above said, you can continue working on EAD for less than 180 days if you can file another 485 within 180 days as 245K would cover you. Make sure not to violate it after 180 days to avoid 3-10 years bar.
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In that case it is better to out of US and then apply for I-485 because it is considered as filed your I-485 while not on status. Lot of cases got rejected recently for filing like this. Shusterman reported this. There was discussion going on this even on this forum.
 
unitednations said:
Transparency; I'm a big believer in this. However, company position is really no different then other companies. Due to legal reasons, etc. no company wants to share information with their employees.

One thing about Desi consulting companies is that they are actually more transparent then American companies. American companies won't give you an inch of information and they would chastise one for even asking.
Click to expand...

The tranparency is not the real issue here. In professional world there is a concept of privacy and domain. A good company maintains those lines - strictly. If that makes it less transparent - so be it. Atleast I know that my employer is not going to poke its nose to know what I am doing with my salary and I am also not going to poke my nose any company legal matter unless it involves me.

Here, the real problems are misleading employees, lying and giving false hope. If an employer just says in plain english "we don't talk about it", that is different from saying "I-485 is denied without any reason" (it is lying willfully and misleading people when they know the real reason for denials). Contract is another example - making people sign that contract by linking with GC process and showing false hope that signing this contract will make their GC dream true. These are laughable actions and unprofessional steps by any standard.

This kind unprofessional behaviors and misconduncts make the argument of transparency irrelevent.

Needless to mention that many employees did not follow some basic professional ethics either - sometimes it's due to fault of their own and sometimes as a result of company management's behavior (keep in mind that reactions are as bad/good as initial actions). Sometimes they had to take these measures after frustrating response (or no response) from mangament people. Posting company emails, contracts word by word publicly in forum are other examples. Some people are considered "professional" by virtue of working in professional world, but they have no clue that it means. Result is clear - employer is behaving unprofessionally and some employees are also reacting unprofessionally - two wrongs do not make thing right.
 
tammy2 said:
In that case it is better to out of US and then apply for I-485 because it is considered as filed your I-485 while not on status. Lot of cases got rejected recently for filing like this. Shusterman reported this. There was discussion going on this even on this forum.
Click to expand...


tammy2, can you provide more info.(links) on those rejection cases, which you mentioned above?

Also, have you or any other forum mates, seen any cases where people got converted back to H1-B from EAD status w/o going outside of US? Someone mentioned in this or other thread that they can go back to H1-B if previous employer has valid H1. However I have contradict info. on this. What I understood so far is to go back to H1 from EAD, person has to travel outside US and come back with valid H1-B stamp in passport and new I-94. Share info. links on this if you have.
 
Friends,
I recommend that somebody prints every page of this thread. Next time the thread gets deleted, the printed pages can be scanned and posted on another thread.

Also wanted to bring to everybody's attention that "N" has a lot of outstanding bills that he refuses to pay for services he got. HotJobs is one of them.
I also heard form one of his employee that, someone took him to court for 3000$ and "N" lost the case. The plaintiff asked the judge that what if "N" still dosent pay the money. The judge talked about some 8 year rule. "N" has still not paid that money even after the judgement against him in a small claims court.
 
pralay said:
The tranparency is not the real issue here. In professional world there is a concept of privacy and domain. A good company maintains those lines - strictly. If that makes it less transparent - so be it. Atleast I know that my employer is not going to poke its nose to know what I am doing with my salary and I am also not going to poke my nose any company legal matter unless it involves me.

Here, the real problems are misleading employees, lying and giving false hope. If an employer just says in plain english "we don't talk about it", that is different from saying "I-485 is denied without any reason" (it is lying willfully and misleading people when they know the real reason for denials). Contract is another example - making people sign that contract by linking with GC process and showing false hope that signing this contract will make their GC dream true. These are laughable actions and unprofessional steps by any standard.

This kind unprofessional behaviors and misconduncts make the argument of transparency irrelevent.
Click to expand...

The basic problem with GC process is time it takes. You need to maintain employee and employer relation for most part of the process if not all. This needs some kind of understanding between employee and employer.
If you are working for 'professional company' and you are laid off in most cases it is a restart.

People prefer Desi people because Usually companies owned by Desi's are ready to make some adjustments. If you are close with some one the management it would be heaven. No one cares it is professional or unprofessional as long as your work is done.

Here in this case employer became too much greedy. He did not stop where he was suppose to stop.
 
blocklisted200 said:
Untill this point employees are mainitained very good professional baviour and patience.
Click to expand...

As I mentioned earlier, unprofessional reactionary steps as result of frustration and employer's initial unprofessional actions are not acceptable either.
 
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