NEW THREAD FOR 420 -CSOFT-NJ based company

Contact

Is there any way someone is able to get in touch with anybody in Csoft ? Can we touch base in a private chat. Thanks for the help
 
dyingforgc said:
jbond:- your attorney is not providing you correct info. don't blindly trust/follow your attorney's advise, atleast on this front HE IS WRONG. One of the attorneys didn't know about "Automatic Revalidation" eventhough there is a clear cut telegram on department's website. What I meant to infer is, attorneys' are not always correct.

It would be wise for you to send your wife out of US and have her come back on unexpired I-94.
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His plain assumption is Pending AOS is also a status like F1 or H1. By using EAD spouse went into Pending AOS status why can't she come back to H4?

But Pending AOS does not work that way simply because it is not a visa rather authorization by attorney general to stay in US. So neither COS nor EOS are applicable in this context. Person needs to go out of US and come to get on to the one of the statuses.

In case of an RFE for W2 during the I-485 USCIS may catch this error. Even using nunc pro tunc may not be possible in this case.

I do not want to advice him because he has already decided the answer. Moreover i am not an attorney.
 
Updates ...

Posted on yahoo CST forum ...
Somebody spotted N in Canada but another guy has posted an email communication from a DOL officer (not Mike) which says that he was arrested and he cannot reveal more on that.

EAD and AP rejections have finally come for us.

I received a call from some ass**** saying that he can save my status and he is willing to do my perm ... provided I join him. I said F***Off.

Can somebody confirm N's arrest. UN, how can we find out if he was really arrested? How can we track that case? I want to feel good for once.
 
didnot say he was arrested

hello Pareshan4GC

dont mean to correct you - but John's mail didnot say that N was arrested. He only said that he knows precisely where N is!!

on the bright side he suggests that there is a 'open criminal case against this illegal criminal alien'. ohhh... sounds like music


Pareshan4GC said:
Posted on yahoo CST forum ...
Somebody spotted N in Canada but another guy has posted an email communication from a DOL officer (not Mike) which says that he was arrested and he cannot reveal more on that.

EAD and AP rejections have finally come for us.

I received a call from some ass**** saying that he can save my status and he is willing to do my perm ... provided I join him. I said F***Off.

Can somebody confirm N's arrest. UN, how can we find out if he was really arrested? How can we track that case? I want to feel good for once.
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Hi United Nation,
Thanks for the advice.

I am in process of transferring my H1 to another company. The new company is asking for paystubs which I dont have. So they are contacting their attorney to see how to handle my case. They do know that I am on a project and they have the timesheets signed by client,

Do you think we will have problem is transferring our H1? Please advise. I am very tensed due to all these circumstances.
 
tammy2 said:
His plain assumption is Pending AOS is also a status like F1 or H1. By using EAD spouse went into Pending AOS status why can't she come back to H4?

But Pending AOS does not work that way simply because it is not a visa rather authorization by attorney general to stay in US. So neither COS nor EOS are applicable in this context. Person needs to go out of US and come to get on to the one of the statuses.

In case of an RFE for W2 during the I-485 USCIS may catch this error. Even using nunc pro tunc may not be possible in this case.

I do not want to advice him because he has already decided the answer. Moreover i am not an attorney.
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Tammy, pls don't think that way. we all are in a mess bcos of one as*****. I also want to play safe. After all it is just a matter of some extra pain in our A**. Do we need a Canadian Visa? If yes, how? (not why this time:). Again I do want to play safe like others...
 
Lost battle - Worst case Scenario you won't get I -94 and you have to leave US and get back with new I 94 from Port of Entry. H1 can't be denied right away just because of 2 pay stubs. This was discussed so many times. Don't worry ! Apply H1 transfer with all your other Cybersoftec Pay stubs.
 
Thanks UN & Dendi,

My last pay stub is from Sep and that too with the new company name.. Rest prev ones are from CST. Is it safe to show Sep paystub?? Its difficult to explain all these issues to the company who is willing to transfer my H1. Pls tell me how to handle this case.
 
I never submitted current paystub

I have been in USA since 5 years.I worked with Pure American empoyees.
In the year 2003,i lost my job and i went to India for 2 months.After i come back i joined in one American company as a full time employee.

Even they asked me,my current paystub.I said,"I don't have".I have 2 months before paystub,but,i have valid H1B status.

Then they told me,we will try it filing H1 without paystub.I did premimum processing and got approved in 2 days.

Even i got approved with cybersoftec without submitted my paystub.I never submitted my current paystubs to desi employers.Nobody asked me.

May be you will get in trouble,when you file H1B for 7th extension onwards.
 
unitednations said:
Worse case is you don't join the new employer until h-1 gets approved with new I-94 card. With premium processing it should take more then two months.

Or

go to another company.
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Thanks blocklisted2000 and UN.

UN,I am currently on a project thru my future employer at client site. How can I wait for 2 months before everything gets approved. Once again I am out of status then.

Please advise on how safe it is for the new company to show Sep paystub with XYZ co name whereas my H1 is thru CST.?Cant they just use July,Aug stub?

I have long way to go before my 7th yr extension, so i am not worried on that front.
 
lostbattle said:
Thanks blocklisted2000 and UN.

UN,I am currently on a project thru my future employer at client site. How can I wait for 2 months before everything gets approved. Once again I am out of status then.

Please advise on how safe it is for the new company to show Sep paystub with XYZ co name whereas my H1 is thru CST.?Cant they just use July,Aug stub?

I have long way to go before my 7th yr extension, so i am not worried on that front.
Click to expand...

It seems that atleast you got some paystub for Sep., I ( may be so many) didn't even get that. I applied using Aug. paystub.
 
unitednations said:
a lot of the cyber employees have contacted me regarding various issues. Some of the people I've built relationships with and I can generally tell when someone is credible or not.

Two people confirmed to me with their conversations with Mike that he had been arrested.

Now that being said; this case is big enough that immigration custom enforcement will issue a press release on the arrest/indictment of him. However, as of yet they have not done so.

I find it hard to believe that someone just bumped into him in Burlington, Ontario (remember I'm canadian). The person who posted this is probably a company insider or someone who is just plain cruel in trying to toy with you.

As I have stated repeatedly, there is so many violations of law in this case that just about every government agency will have a crack at him/company. DOL, department of homeland security, irs, etc.

I'm not sure about this part but under some parts of law; the government can seize personal property and any money that was used from ill gotten gains that was given to other people to buy property, etc. I know from personal experience about this because I was on the other end one point in time. I had lent some money as a second mortgage for some people to buy a property and the government later seized the property because it was bought with drug proceeds. Even though I was a secure lender, the government used the part of the law to seize it (note this was not in the name of the drug dealer but that of his sister/father).

Therefore, I wouldn't give up with contacting DOL/government agencies. If you don't you will be the loser. Once the government pieces everything together they will have every one of your names. They will know about you whether you contact them or not. Therefore, if you think you are harming yourself by contacting DOL, you are sadly mistaken because they already know about every one of you. It is better for you in being able t o collect money later if you proactively contact DOL.
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very well written. I agree with you that DOL and other agencies know about us because if a cheap company called me with a perm offer then the goverment definitely knows about us.
 
Applying the MTR

Hi UN/Pralay/Tammy,

I am one of the person who already got approved I140 long back(More than 180 days) and Revoked in Oct 1st week.
I saw some of your postings mentioned that MTR will not help any way( All this are dead cases) for this company and other desi company also.

I am curios to know few things,

1. How the USCIS approve the I140 Petitions. I140 Petitions are Employer Based, what information USCIS will look before approving the I140.

2. In 2001 and 2002, Lot of companies laid of the people after applying the I140 and 485( Both are in Process). How they got the green Cards later, Where is the Bonafied job?.There is no position in the Employer company as t mentioned in the Labour certificate as they already laid off the people.

Is there any way we can argue this things to USCIS.

I saw lot of your posting, Everything is informative.

How do we need to approach USCIS.
 
aadhiti said:
Hi UN/Pralay/Tammy,

I am one of the person who already got approved I140 long back(More than 180 days) and Revoked in Oct 1st week.
I saw some of your postings mentioned that MTR will not help any way( All this are dead cases) for this company and other desi company also.

I am curios to know few things,

1. How the USCIS approve the I140 Petitions. I140 Petitions are Employer Based, what information USCIS will look before approving the I140.

2. In 2001 and 2002, Lot of companies laid of the people after applying the I140 and 485( Both are in Process). How they got the green Cards later, Where is the Bonafied job?.There is no position in the Employer company as t mentioned in the Labour certificate as they already laid off the people.

Is there any way we can argue this things to USCIS.

I saw lot of your posting, Everything is informative.

How do we need to approach USCIS.
Click to expand...

The difference between This company and other companies is fraud. Revocation or Denial after reconsideration is done on the bases of fraud .

In case of the other companies there was valid offer at the time of filing I-485. Here in this case USCIS is arguing that there was no job since beginning. That is why I am pessimistic.

Talk to some one like Shusterman. He has reversed so many cases with bad decisions.
 
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tammy2 said:
The difference between This company and other companies is fraud. Revocation or Denial after reconsideration is done on the bases of fraud .

In case of the other companies there was valid offer at the time of filing I-485. Here in this case USCIS is arguing that there was no job since beginning. That is why I am pessimistic.

Talk to some one like Shusterman. He has reversed so many cases with bad decisions.
Click to expand...


Thanks UN/Tammy,

Do you have any idea of the attorny details?, They take this kind of cases and had the Successful Experiances in the past. Please Provide me.

I got one offer letter in the mail on Company Letter header before filing I485 but it does not have any sign on it.
 
unitednations said:
The issue is that to use ac21 portability with h-1 to begin employment with another company, you merely need to file an h-1 with the new company. However, you don't need to wait for it to be approved to begin working.

to be able to use the portability, you should be in a valid h-1 status. If you are not in a valid h-1 status then you can't start working just by merely filing for the h-1 transfer. You would have to wait for it to be approved.

Many lawyers advise companies that before they bring you on payroll, they should assess whether you are in a valid h-1 status. The main wait to prove this is that you have recent pay stubs. Companies think that if you don't have recent paystubs then you may have not been maintaining valid h-1 status and you are not eligible for portability just by merely filing for the h-1. They think they will get in trouble and employ you illegally.

Now, other then recent pay stubs, if you can provide USCIS evidence that you have been maintaining valid h-1 status then you should be fine and get a new I-94 card and start working as soon as you file the h-1 transfer. But, how do you prove this; well timesheets, letter from your vendor, etc. These are all secondary type of evidence. There is no one fit for all to prove this.
Click to expand...
Hi UN

Cyber applied for H1 in mid may. USCIS issued RFE for fees not paid and job description does not prove specialty work on Sept 15. Due date to reply the RFE is Dec. 11.
Since I already left the cyber, no one is going to reply the RFE and hence cyber's h1 is definately going to be denied.
New employer filed in premium in last week of Oct on the basis of jun/jul/aug pay stubs from cyber.
In your post you said that person needs to be on valid H1 then only next H1 can be approved.
Since Cyber's H1 is going to be denied,
1. What are the chances for approval of new employer's H1 ?
2. Will it be with I-94 or without?
3. If without I-94 then do I have to go to country of domicile (India) since I entered on H1 over here.
One attorney said that I cannot go to Canada or Mexico to get the new I-94, I have to go to India.
4. What about the three pay checks I received from cyber (W2 and taxes)?

Thanks for your help.
 
You mean to say USCIS will not take any action until the RFE due date.

I am working in US since six years, (infact yesterday I completed six years). Did not have studied here or canada.
By the way new employer also has filed I-140 with priority date April 2002 and has asked 7th year extension on that.

Since, cyber is not going to issue any w-2, how should we reflect these income in our tax return?
 
Should I-140 be applied within 45 days of labor certification ????

and also please let me know ( point me to the link ) what are the documents needed for I-140..........

do i need to include dependents in I-140 stage ?


Thanks for your help..
 
Multiple h1 transfers...

Un,tammy,pralay.. and other gurus please advise

I have transferred my H1 to company A after leaving CST.
I have just recieved the H1 reciept as its through regular processing.

Now I have a better offer from company B.
Is it advisable to concurrently start another h1 filing through company B now as the company b seems better than company A.

Please note: The company A's h1 is not approved yet and
i do not have latest paystubs.. because the great CST never gave any?
(I may get a paystub from company A soon)

Thanks to all
 
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