NEW THREAD FOR 420 -CSOFT-NJ based company

[pralay]

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.

That's the current US immigration policy. Accoding to law, it ought to be that way (if employer wants to follow the rules strictly). I don't think there is any room of "adjustment" in current immigration law. It's employment based GC, not family based.

People prefer Desi people because Usually companies owned by Desi's are ready to make some adjustments.

It has a trade-off. Employees need to do some adjustments too. And some cases those trade-offs go out of bound. Non-payments of salary (for an excuse of client's non-payment) is just one of them. In some cases, they are nothing but circumventing labor laws of the land (and some cases immigration laws).

 

[happyworld]

Bottom Line

Bottom Line is

HOW DO WE PUT A END TO CST AND N>

The senior members and other lawyers who are reading this forum
who have their GC you guys have some social ethical and moral responsibility..
how would you feel if you or your family members were cheated in this fashion

while the innocent ones seek shelter elsewhere.... someone who is secured
needs to stand up and take action...

WE cant just let this guy walk away.... and continue this..
Are we just going to end the stroy by posting messages on this thread?

We need to see N behind bars...

Some lawyer needs to take this case up and bring it to light,,,,
Is the media sleeping

 

[tammy2]

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

http://shusterman.com/sep05.html#6
http://shusterman.com/pdf/yates61505.pdf

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.

If the previous employer H1 is valid (including stamping) and you have used the EAD you can just cross the border and come back with new I-94 without new stamping.

If stamping is not valid you have to get stamping done before reentering.
Do not worry about Stamping. 99% of H1 people get stamping. Usually Rejected cases of F1 cases. If your LCA and Salary are matching you are fine.

Also I would like to that add 180 days rules for out of status could be used in case of H1.

 

[pralay]

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.

Initially that was one of the main reasons - many employees were not aware of some basic immigration laws and all the legal traps. And the employer exploited that shortcoming fullest (and eventually it tangled with the law itself).

 

[ajay_sanghvi]

wow, this thread is really active. so many postings, specially on a sunday.

 

[dyingforgc]

http://shusterman.com/sep05.html#6
http://shusterman.com/pdf/yates61505.pdf



If the previous employer H1 is valid (including stamping) and you have used the EAD you can just cross the border and come back with new I-94 without new stamping.

If stamping is not valid you have to get stamping done before reentering.
Do not worry about Stamping. 99% of H1 people get stamping. Usually Rejected cases of F1 cases. If your LCA and Salary are matching you are fine.

Also I would like to that add 180 days rules for out of status could be used in case of H1.

Thanks for the links. Yes, you are right about stamping and coming back for the one who used EAD. One doesn't have to do this immediately (go out of country and come back ) at the very next day his/her I-485 is denied. Since 245K would cover if person gets back to h1 from EAD (after I-485 denial) within 180 days. right?

 

[dyingforgc]

Correct.

Keep in mind though that if you don't have a valid I-94 card then you are accruing unlawful prescence. Even though penalties don't kick in until you have been here unlawfully for more then 180 days, you would be considered illegal and subject to deportation.

However, having a valid I-94 card masks that. It is better to do it sooner rather then later.

you are right UN. When you said about valid I-94, what did you mean (I-94 attached with already existing valid H1 with previous employer) or something else? Once person starts using EAD that invalidates H1-B and so I-94?

anyways, in essence one needs to this conversion sooner than later as you said.

 

[dyingforgc]

It gets a little dicey if you don't have visa stamping. If consulate figures out you violated h-1 by using EAD they may not give visa stamping and request new h-1 approval.

This is interesting. do you know anyone who experienced above (consulate figured out and requested new H1-B approval)?

 

[tammy2]

It gets a little dicey if you don't have visa stamping. If consulate figures out you violated h-1 by using EAD they may not give visa stamping and request new h-1 approval.

They should not ask for that as long as H1 is valid.

 

[GC_MARATHAN]

Thanks a lot Pralay !



I got the NOID/NOIR letter.

 

[Cyber_Victim200]

H1B stamping with no valid I 94

Dear UN,

Thanks for your great suggestions and we congratulate you for helping victims of 'N' by your constructive suggestions.

I also have a question.

I completed my H1B status ( 6 Yrs) early this year but 3 months before that date i took up the Job with'N' company's EAD and my 485 was also rejected 2 weeks back like others,however the labor applied from my earlier company in 2003 is still pending and the company is willing to apply for 7th yr extn based on that labor..but after reading your posting am concerned even if that is approved and since i do not have a valid I 94 will there be any problem if i go to Canada/Meixco for the stamping.

Would be thankful for your input.

It gets a little dicey if you don't have visa stamping. If consulate figures out you violated h-1 by using EAD they may not give visa stamping and request new h-1 approval.

 

[gc12gc]

Hi Tammy / UN & Seniors, Help Please ..

Question: Can we travel out of country with visa having stamped from previous employer ? I came to know that he cancelled my H1 and it may be true also, why because my H1 LUD was changed 5 months back, but message still shows it was approved.

Do I need new visa stamp in India with my present H1 company? or can I just show these H1 papers at port of entry? Also Do I need to carry orginal H1 papers? Please advice.

 

[tammy2]

Hi Tammy / UN & Seniors, Help Please ..

Question: Can we travel out of country with visa having stamped from previous employer ? I came to know that he cancelled my H1 and it may be true also, why because my H1 LUD was changed 5 months back, but message still shows it was approved.

Do I need new visa stamp in India with my present H1 company? or can I just show these H1 papers at port of entry? Also Do I need to carry orginal H1 papers? Please advice.

No you do not need a stamping if the stamping is still valid. Just show your H1 paper. They should give you I-94 with validity date from new H1.

Keep the copies of I-94 for future references.

 

[gc12gc]

Thanks Tammy ! Do I need to show Orginal new H1 Paper at port of entry? or copy is enough ? please advice

 

[ajay_sanghvi]

UN/ Pralay/ Tammy ... please answer one question

Guys,
I am on H1 and I dont have any status problem. My H1B and my familly's H4 expires on 10/20/2005. I have already got an extension. My kids have got the H4 extension. But my wife is working on EAD hence we did not apply for her H4.
Now with the I485 denial in hand ...
The EAD is invalid and she needs to go outside the country and come back in. She will show my H1 and get an H4 stamped on her passport.

But this is not going to happen immediately because she has to complete a project at work. She plans to work till Dec 20 and then go for the stamping. Under these circumstances ...
-WHAT COULD BE THE CONSEQUENCES IN PROCURING THE H4 IN DECEMBER 2005 AT SOME AMERICAN CONSULATE?
-WHAT COULD BE THE CONSEQUENCES FOR A FUTURE GC PROCESSING?

Remeber her H4 and I94 expires in a few days. She would be out of status working till December 20, 2005. If she stops working, she will be out of status anyways till Dec 25,2005 because she has tickets to go outside the country for that date.

 

[cyber911]

UN I do not think Ajay should let her wife accrue any time more than as stated on her I94, what do u say ? I know that she will automatically be in H4 status as her husband is on H1B, but still as I have learnt, wife should not accrue out of status days while in US, as her I94 would have "expired" if she leaves country after the date on her I94, thereby acrruing out of status days. Please comment.

 

[cyber911]

No, I don't know of anyone.

As tammy stated earlier, just about everyone sails through visa stamping.

However, most people are scared to death to go back to india to get visa stamping. Usually a friend of a friend got visa stamping denied and it scares everyone.

I had a lady call me; her and her husband went to mexico to get stamping (7th year, both on h-1). She got the stamp but for some reason, husband didn't. Consulate wouldn't budge and said they have to go back to india. They literally begged and consulate gave 30 day visitor visa for husband to get back to USA. She literally cried on the phone to me saying that she can't be separated from her family if husband doesn't get h-1 stamping. I asked her the reason why they didn't stamp her husband; she stated that she has been with the same employer all six years but husband had changed.

As consulates in India catch people they start changing their procedures. If you monitor the other forums, you will see that when consulate asks for w-2's, tax returns, if they were suspicioius they would ask for tax transcripts from the IRS. Now they are asking for people to instruct IRS to send tax transcripts directly to department of state in Washington who will then forward to India. Looks like they caught some people forging tax transcripts.

As consulate keeps catching people, they will tighten procedures even more.

It seems the first thing people do when they get 140 approved or greencard approved is to go back to india. Many of them tell me they haven't been back in six years or three to four years. They mainly go back on advance parole when they don't think they will have an issue.

Dear Un, so according to your opnion, traveling to India after GC approval or AP approval is recommended or not recommended ? I mean, is there still some problem to travel after one gets their AP or GC approved ?

 

[pralay]

However, most people are scared to death to go back to india to get visa stamping. Usually a friend of a friend got visa stamping denied and it scares everyone.

That's right. Even though most of the people get H1 visa stamp successfully, there is cases of denials. Some cases it's denied while visa stamp renewals. Couple of months back there was a case where the H1 beneficiary's last year's tax return was not in order (he was in bench for more than 6 months). Consulate did not grant him H1 visa while he was renewing H1 from same company (who put him in bench).
In recent days H1 from small companies get extensive scrunities - especially for new H1s. But still chances of getting denial is very low. It's like I-485 and CP. I never heard any CP denial in EB category, but still people don't want to take risks and hence apply for I-485.

 

[NewVictim2005]

Guys,
I am on H1 and I dont have any status problem. My H1B and my familly's H4 expires on 10/20/2005. I have already got an extension. My kids have got the H4 extension. But my wife is working on EAD hence we did not apply for her H4.
Now with the I485 denial in hand ...
The EAD is invalid and she needs to go outside the country and come back in. She will show my H1 and get an H4 stamped on her passport.

But this is not going to happen immediately because she has to complete a project at work. She plans to work till Dec 20 and then go for the stamping. Under these circumstances ...
-WHAT COULD BE THE CONSEQUENCES IN PROCURING THE H4 IN DECEMBER 2005 AT SOME AMERICAN CONSULATE?
-WHAT COULD BE THE CONSEQUENCES FOR A FUTURE GC PROCESSING?

Remeber her H4 and I94 expires in a few days. She would be out of status working till December 20, 2005. If she stops working, she will be out of status anyways till Dec 25,2005 because she has tickets to go outside the country for that date.

Right now her stay is considered out-of-status. After Oct 20th, her stay will be considered illegal. You are taking some risk.
In Canada/Mexico they will give H1/H4 stamp for people who maintained the status. If there is any status violation, they will not stamp and will tell to go to India. In that case she has to go to India from there. I think if she goes now to Canada/Mexico she might be able to get stamping. Ask attorney.
In India, at consulate office, we dont know the consequences of unauthorised work and illegal stay.

 

[pralay]

With regards to advance parole; similar issue. Some times using advance parole can be a little problematic if you want to switch back to h-1, h-4. Although it is allowed according to "cronin memo", there has been some cases of people in San Francisco where port of entry officer would not give I-94 card to person on h-1b status if they had previously entered on advance parole. I know of two people this happened to. Difference between them and others is that these two people still had 485 pending. One of them actually flew to Vancouver and tried it again but that POE wouldn't give them i-94 card on h-1 either.

I guess CBP's argument is that you cannot do back-and-forth between AOS status and H1 status. And, you can switch to other status only if the current status is expired (H1 expired for H1 status and I-485 denied/withdrawn for AOS status).