NEW THREAD FOR 420 -CSOFT-NJ based company

dyingforgc said:
UN:- Below is from Murthy's archive chat. can you elaborate what exactly she meant by following? Does that mean if one used EAD, whose H1 wasn't cancelled can go back to H1-B without any special effort?

Chat User : Can I work using H-1 and EAD both at the same time? If so, what will happen to my H-1 status?

Attorney Murthy : The H1B recognizes dual intent, so a person can maintain both H1B and EAD. The person's time on H1B continues even if s/he is using the EAD to work if the H1B petition is valid and has not been canceled or revoked. The person with an H1B petition that is valid and who has been maintaining valid legal status is allowed to file an H1B extension with an extension of H1B status if s/he still works and intends to continue working for the same H1B employer.

The question is for people who maintained H1 status with H1 employer and used EAD for part time employment. Ms Murthy's answer also applicable for them.
 
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Info...needed

has anyone heard of the company msysinc.com

are they associated with CST in any form.
PM me if someone knows abt them
 
D90210 said:
has anyone heard of the company msysinc.com

are they associated with CST in any form.
PM me if someone knows abt them

hyd based company .. so U know what to expect.
 
NewVictim2005 said:
The question is for people who maintained H1 status with H1 employer and used EAD for part time employment. Ms Murthy's answer also applicable for them.

Nope. I disagree with you. Once you use EAD, status gets toasted from H1-B to EAD. Doesn't matter you used it for part time or full time.
 
shed more light..

Nadi said:
hyd based company .. so U know what to expect.


Nadi... thanks for the info.

Can you or someone else throw more light on what you mentioned?

PM me otherwsie
 
unitednations said:
See this is how gray it can be. From all the experience I have had in life/accounting/law, I realize that every word is important.

I can see how someone can get a different interpretation from the memo.

One could read that it says if you use EAD to LEAVE the employer listed on the I-129 petition. If someone read this statement, you could almost conclude that if you don't leave the employer and continue to meet the terms of the h-1b but take on a parallel job or part time job on EAD then you haven't violated the nonimmigrant status.

Again, when reading laws/rules liberally it is upto us to prove this. USCIS isn't in much of a mood to use the gray areas of the laws to your benefit.

One problem I have with Murthy is that on her web-site she is full of self congratulatory messages and doesn't always tell the whole story. She is almost trying to get people to call her. She's the only web-site that I see do this.

Best attorney in my mind is Matthew Oh on immigration-law.com.

It seems he likes to post more then do actual work.

Ms. Murthy is telling that if we maintain H1 status with H1 employer and do part time job using EAD, will not change the status from H1 to EAD(Immigrant petition pending status). But Mr. Matthew Oh is telling that even if we maintained H1 status with H1 employer, if we work for 2nd employer part time on EAD, changes the status from H1 and we have to go out of country to reinstate non-immigrant status.
 
NewVictim2005 said:
if we maintained H1 status with H1 employer, if we work for 2nd employer part time on EAD

This is unlikely. The day you do a job without H1 irrespective of first or second job your H1 is toast.
 
tammy2 said:
This is unlikely. The day you do a job without H1 irrespective of first or second job your H1 is toast.

Correct. this is what I was trying to make NewVictim2005 understand. Regardless its full or part time job, once you start working on EAD, status is toasted.
 
dyingforgc said:
Correct. this is what I was trying to make NewVictim2005 understand. Regardless its full or part time job, once you start working on EAD, status is toasted.

We discussed about a specific situation which neither you nor I are in. I just mentioned about 2 attorney's thoughts on that issue. I am pretty sure that you are pretty naive in immigration issues based on your earlier postings. You need not make me understand.
For your information, its a grey area even for attorneys.
 
well in cases where things are bit grey ... better that U go what Ur attorney says ... in such a case even if U are at fault later --- U can always say -- action taken due to "incompetent legal advice".

For that shoot an email to Ur attorney and keep a copy of reply -- keep the copy whatever his advice is.. then U will be safe to some extent.
 
NewVictim2005 said:
We discussed about a specific situation which neither you nor I are in. I just mentioned about 2 attorney's thoughts on that issue. I am pretty sure that you are pretty naive in immigration issues based on your earlier postings. You need not make me understand.
For your information, its a grey area even for attorneys.

There is no gray area in this. Once you cross the sanity line of H1 by working for some one else you loose your H1 status.
Think for while you do not have pending AOS You will go out of status the minute you work for some one.

Since you have pending AOS you are protected. But it does not mean you have H1 status.

If any one says this is gray area I would not hire him as attorney.
 
NewVictim2005 said:
We discussed about a specific situation which neither you nor I are in. I just mentioned about 2 attorney's thoughts on that issue. I am pretty sure that you are pretty naive in immigration issues based on your earlier postings. You need not make me understand.
For your information, its a grey area even for attorneys.

My friend, whoever you are. you seem to be taking things personally. do you feel like you lost your proud already by taking someone's advise. People are free to write their experiences, advise in the forum and you are FREE to take your own decision. Listen, i am not here to contest with you or anyone. people come to this forum to discuss issues more friendly and seriously. so better not talk whether you are or I am naive. I didn't see from any of your posts that you are not naive and are an attorney. (still you think this is a grey area, while in reality IT IS NOT. read tammy's above post. )
Neither you nor I are an immigration attorney and so are not any other forum members. Immigration is everyone's interest in the forum. Better stick to everyone's interest and concentrate on the issues rather than taking things personally and creating fuss out of nothing.
 
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N*** arrest is confirmed!!!

Great news to everyone!!!!!!!!!. I just confirmed with DOL Agent Mike that N*** got arrested on Thursday...
 
killtheevil said:
Great news to everyone!!!!!!!!!. I just confirmed with DOL Agent Mike that N*** got arrested on Thursday...
First Good News. I hope this is a correct information.............If this is true.....now start working on your civil law suit. Get all your money before he files bankruptcy
 
pls advise

Kishore pls advise as to how to file a civil law suit. I want to get my money plus compensation for the stress and trauma he has caused me.
 
have you confirmed N's arrest 100%? how do we plan to get our money back?let us know the steps to be taken..wots up with K,R & P his workforce!!
 
Getting your money

DOL Agent mentioned to me that if N*** is convicted, they will have him reimburse everyone's money whoever contacted him and submitted the necessary proof. But not sure how long it is going to take and whether the law suit is a better option. I appreciate if UN or other experts advise on this...
 
what kind of proof for payment DOL will need? I paid him $5000 cash+$5000 as pay advance. did you paid cash or check/from the pay. and what about the 30% bill cut. I paid almost $40000 from the billing, will it be reimbursible.

thanks
 
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getanswers-2 said:
Kishore pls advise as to how to file a civil law suit. I want to get my money plus compensation for the stress and trauma he has caused me.
1. If he is arrested or convicted, get a copy of the conviction from public records office.
2. Get hold of the RFE , response to RFE and the denial notice using FOIA.
3. Call the local bar association, they can recommend you 3 lawyers in each profession you ask for. Ask for consumer fraud, hostile work environment, harasment etc. Most of the lawyers will offer you free consultation.
4. Go to each and every lawyer, everytime you will learn something new.
5. Then type up your case in a nice presentable way
6. Do enough research on the internet to find same or simillar cases won or details about the case
7. Look for an attorney, who is willing to work with you on a contigency basis.
8.Claim for punity damages & money lost with accepatable justification (Law does not have any room for emotions. So actual damages)
8. Hope you will have light at the end of the tunnel.

Good luck.
 
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