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Erik CJ Anderson

Erik Anderson’s Answers

132 total


  • Advertisement Recruitment under Perm one has to post 10 days internal. Is it mandatory to put the wages under it?

    Advertising and Recruitment Requirements for PERM doesn it need salary to be posted for internal posting

    Erik’s Answer

    DOL regulations (20 CFR §656.10(d)(4)) requires that the rate of pay be included in the employer's notice of filing.

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  • I 485, location change with same employer

    I work in a corporate dental practice as a dentist. I was working inone location, PERM and I 140 approved from that location. After 3yrs, I got transfer to different location in a different city but same employer who has multiple dental practices....

    Erik’s Answer

    If you have not already filed for your adjustment, it would be useful to know whether the original PERM petition contemplated just one location or provided that the offer of employment and ensuing recruitment covered multiple locations. To this end, your employment situation and the original PERM filing should be reviewed with your company's attorney.

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  • My EAD (L2) is expiring and I may not receive the renewed EAD on time. Should I leave my company until I get the renewed EAD?

    Or can I just take unpaid leaves? Current EAD is expiring on Sept 20. My application for renewal of EAD will reach its 75th day on the 21st and its max 3 months duration on Oct 8. Thank you very much!

    Erik’s Answer

    As a general rule, you must have a valid EAD in your possession to remain work authorized. If there is the possibility that you will have a gap in employment eligibility, you might be well served by notifying your employer to avoid unauthorized employment on your end and potential I-9 violations for your employer.

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  • Current month of H1B applications Vermont Service Center is reviewing? What is the current H1B extn. processing time at VSC?

    My drivers license expires on September 30th and still not received my H1 extension approval yet. USCIS received my application on June 18th. So trying to find out which month of H1B applications is VSC reviewing currently and processing time. App...

    Erik’s Answer

    The following is a link to the VSC processing time report: https://egov.uscis.gov/cris/processingTimesDisplay.do;jsessionid=abcJR2UnyK9eFhn1ii9_u

    The VSC currently reports that H-1B extensions are taking approximately 2 months.

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  • If a lawyer files my I-485 based on I-140, can I separately file EAD and Advance parole?

    I don't have money to pay for lawyer to file these simple forms and want to know if USCIS will mandate the lawyer to file these or can I simply file by myself?

    Erik’s Answer

    As a general rule, the USCIS does not require that an attorney actually file EAD/AP renewals, and the USCIS web site provides general filing instructions. That said, if the EAD is needed to remain work authorized, you might be well served by consulting with an attorney to ensure that the application is properly filed. Loss of employment authorization can be much more costly than reasonable legal fees for an EAD application.

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  • Have valid EAD and H1B, what is my status if I use EAD/Advance Parole card to enter back in USA at airport

    If I come back using EAD/Advance Parole card, would it void my H1B which is valid till sep 2016 or It is still valid in case of any issues with i-485/AOS?

    Erik’s Answer

    As a general rule, it is advisable to use a valid H-1B visa to return to the US in this instance, however, current USCIS policy permits one to maintain and extend their H-1B status if the AP is used.

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  • Can employer revoke approved i-140 after I join new employer on EAD using AC21 once 180 days of i485 filing is passed

    If I join new employer on EAD using AC21 after 180 days from the receipt date of i-485, can my employer revoke the i-140 that we used to file i-485? can it bring any risk for my GC?

    Erik’s Answer

    I agree with Attorney Smith's assessment which is confirmed in a May 12, 2005 USCIS guidance memorandum (page 7) which can be accessed at www.uscis.gov.

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  • After 7 years under an L1A visa, do I have to work as a manager in home country office for one year before applying for EB-1?

    EB-1 as a multinational manager, that is.

    Erik’s Answer

    The EB-1 multinational manager category requires that one be employed outside of the US with a qualifying entity for at least one year in a managerial or executive capacity. USCIS regulations do not necessarily require that the employment be in a home country office. You might be well served by exploring the possibility of GC sponsorship with your company before your current L-1A expires - a qualifying EB-1 petition permits an applicant to concurrently file for their adjustment of status (AOS) under the current Visa Bulletin, and EB-1 AOS applicants can apply for employment authorization independent of the L-1A visa.

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  • 6 Years completion on H1b or I-797A End Date, which one has high precedence?

    I am about to complete my 6 years on H1B by Dec'15 by considering all vacation days. My PERM applied recently & hoping for positive result. My current I-797A approval end date is Mar'16. Incase if my PERM is not approved by Dec'15, can I continue ...

    Erik’s Answer

    As a general rule an H-1B holder should calculate their max out date by reviewing the actual time spent in the US in H-1B status rather than that which appears on a 797 or other USCIS/CBP document, as they often do not reflect actual max outs. It is advisable to review your prior H-1B petition(s) and time spent in the US in H-1B status with your employer's attorney. It would also be helpful to review when your PERM matter was filed, as post 6th year H-1B extensions are generally available if the PERM has been pending for 365 days or more before one maxes out of H-1B status.

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  • 7th Year H1B transfer

    I have an approved I140 of Employer A and I am moving to Employer B who has filed for H1B transfer based on approved I140 in premium processing last week.After I got the receipt I resigned from my current position, employer A said he is going to...

    Erik’s Answer

    Under current USCIS guidance, an I-140 is no longer valid for porting purposes when it is withdrawn before an I-485 has been pending for 180 days. Your situation and, in particular, time held in H-1B status should be carefully reviewed with your prospective employer's immigration attorney.

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