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Erik CJ Anderson

Erik Anderson’s Answers

125 total


  • I have got an approval notice of my EAD-GC card and still not getting the EAD-CARD yet, Can i start my work now ?

    I got approval notice of my EAD-GC work authorization Card, and the card is still not coming to my hand, it takes few more days to come, I got a good job, can I start to work now , hoping that my EAD-Card will come soon.

    Erik’s Answer

    In the absence of a valid nonimmigrant work visa, it is generally advisable to wait until the physical EAD card is in hand before beginning employment. The EAD card can then be properly presented to the employer for I-9 purposes.

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  • Will i be in EXEMPT if a new employer file my H1B. In past my 1st h1b was filed and it was valid from Oct/2007 to Sep/2010

    I came to US in Feb2008 and worked for couple of months and went back to my home nation in Apr/2009 that is i stayed in US for 13 months and recently a new employer is willing to file my H1B and he said he will file it in this Dec as i will be a C...

    Erik’s Answer

    As a general rule, an H-1B applicant is not subject to the annual cap if he/she has been counted against a prior cap. That said, I agree with my colleagues that the particulars of any situation such as this should be examined with the sponsoring employer and their attorney to confirm cap exemption.

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  • If I go for H1-B stamping after applying for my Green card, will I face any issues?

    Am I seen as a potential immigrant and what questions should I expect at the interview?

    Erik’s Answer

    The H-1B visa is a "dual intent" nonimmigrant visa category which essentially means that an individual can apply for their green card (or evidence immigrant intent) without jeopardizing their nonimmigrant H-1B status. As such, an application for an employment based green card should not present an issue at the time the H-1B visa is issued.

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  • Hi, Should company now apply a new GC on H1B or the GC applied on L1B is still applicable?

    In 2008, GC was processed for me in EB3 category on L1B VISA.In 2013, H1B VISA was processed and currently I am on H1B VISA.My Priority date is June 2009.

    Erik’s Answer

    • Selected as best answer

    A change in nonimmigrant status from L-1 to H-1B should not have an effect on the underlying green card petition so long as the offer of employment that served as the basis of the GC matter is still valid. The H-1B visa status might actually be to your advantage, as you may be positioned for post sixth year extensions of the H-1B visa if needed depending on the status of the green card matter.

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  • H1B Cap exemption eligibility

    Hello experts, I got my H1B I129 approved on May 6 2006 (validity 10/1/2006 to 9/29/2009), on 24 Jul 2007, I got H1B visa stamped on my passport. But I could not goto US due to personal reasons. Now i'm again trying to find a sponsor...

    Erik’s Answer

    • Selected as best answer

    Generally, an H-1B applicant is not subject to the annual cap if he/she has been counted against a prior cap. The particulars of any situation such as this should be examined with the sponsoring employer and their attorney to confirm cap exemption.

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  • Do I have to leave the United States after filing I-485

    Do I have to leave the United States after filing I-485

    Erik’s Answer

    Current USCIS policy allows an adjustment of status applicant to remain in the US without accruing unlawful status. You might be well served by consulting with an attorney to review the basis for your AOS application and your future plans in the US (and abroad).

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  • Use old 140 priority date

    Can I use the old 140 priority date if I file green card with new employer. I do not have the old approved 140. I have the reciept of 140 submission.

    Erik’s Answer

    In order to use the priority date from a prior I-140 Immigrant Visa petition, the prior petition must have been approved.

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  • Unused H1b VISA .. will it come under quota?

    HI, I have h1b visa stamped valid from sep2008 to sep2011. However i have not utilized this and never travelled to U.S. If i have to apply again will i come under regular yearly quota or can i apply any time.??? I dont have any oth...

    Erik’s Answer

    Generally, an H-1B applicant is not subject to the annual cap if he/she has been counted against a prior cap. The particulars of any situation such as this should be examined with the sponsoring employer and their attorney to confirm cap exemption.

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  • Does AC21 portability required for dependent applicant to work with different employer using EAD?

    We( I as dependent and husband as primary applicant) applied GC under EB2 with Employer-A. We both got EAD. My husband is continuing his job with same employer using EAD. I never worked in USA. Now, I am planning to work on EAD. Question is, Do I ...

    Erik’s Answer

    As a general rule, AC21 notification (and the portability provisions that apply to it) pretain to the primary applicant on the adjustment of status application. A dependent adjustment applicant's EAD is generally applicable to any employment in the US.

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  • I am an L2 holder visa with a work permit and working right know.

    My husband (the L1 holder) is leaving because his project here (in the Us) has stopped for a 3 month period more or less. He is going back to our country and then plans on comming back to the US. since I have my job and two daugthers at school...

    Erik’s Answer

    As a general rule, an L-2 visa holder's valid status is dependent on the spouse's continuation on valid L-1 status. As such, a departure from the US without the intent to proerly maintain valid L-1 status will adversely affect the ability to maintain L-2 status and employment authorization through the EAD.

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