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Erik CJ Anderson

Erik Anderson’s Answers

125 total


  • H1B to H4 / EAD status . . . issues ?

    My wife is currently working on her H1B visa . As a dependent on my Green Card application she also has a valid EAD card and Advance Parole documents . She is planning to quit job soon . Once she does that , do we have to file for any change o...

    Erik’s Answer

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    Under current USCIS policy, an adjustment of status applicant with a valid EAD card can remain in the US and work irrespective of whether they hold/maintain a valid nonimmigrant visa. As a general rule, it is preferred that an AOS applcant continue to maintain valid nonimmigrant status, although it is not technically required.

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  • Employer paid less than what was shown on the H - B petition .

    Hi I am on H - B status from the last 1 year . My employer has been paying me less salary than what was shown on the I - 129 petition approved by LUSCIOUS ( my bad that I didn't pay attention ) . Will I be able to get this money back from th...

    Erik’s Answer

    The Wage and Hour Division at the US Department of Labor enforces the proper payment of H-1B wages, and underpaid H-1B workers can notify the Agency of possible violations. The following link can be useful for affected H-1B workers: http://www.dol.gov/whd/immigration/h1b.htm
    The site contains a H-1B Workers Rights Card that sets forth H-1B workers' rights and procedures for reporting violations.

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  • Salary requirements for EB1C

    Hi I understand that there are no specific salary criteria for EB1C - Multinational Executive / Manager category petitions. However, is there any unwritten benchmark? I make $ 95 K yearly and would like to know if this could be OK assuming othe...

    Erik’s Answer

    There is no regulatory provision that requires certain salary levels for multinational managers and executives, nor is there necessarily an unwritten benchmark for such salary levels. That said, the USCIS has questioned salary levels that fall below the prevailing wages for managerial classifications published in Department of Labor databases. The DOL "OES" wages published on the DOL web site (http://www.flcdatacenter.com) can be consulted to confirm that offered salaries are generally consistent with managerial posiitons in the geographic area of employment.

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  • Hi, What is the procedure to file AC-21? Do I need to go through an attorney? If not, can you please send the template form.

    I have applied I-140 and I-485 same time in July, 2007 and I-485 is still pending. I have changed my employer this week. Thanks, Suresh

    Erik’s Answer

    While there are no regulations that govern an AC21 portability notification, the USCIS has indicated that it does expect applicants to notify the Agency of changed jobs. As a general rule, it is advisable to establish that you are the beneficiary of an approved I-140 petition and an AOS application that hads been pending for 180 days or more, and that your new employment is in the same or similar occupatoion to that which you were originally sponsored. It is also advisable to consult with an attorney to confirm your coverage under AC21's portability provisions.

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  • Is it better to be on H1 visa or EAD?

    I am on H4 and my husband on H1.

    Erik’s Answer

    While not absolutely required, it is generally advisable for an employment based green card applicant to maintain their nonimmigrant status (i.e., H-1B or L-1) while their green card is pending. This is typically a decision made by the sponsoring employer, and an applicant is well served to consult with their employer and counsel when determining whether to maintain their nonimmigrant status.

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  • Hi my 6th year max out date is feb 18th 2013.my perm which filed on oct 29 2012 pending. what are my options of staying in usa?

    1.if i changed my status to B2 to stay legally can i change it back to H1 after getting i 140 approval with the same employer. 2.if my B2 visa is pending while my h1B expires can i stay legally?

    Erik’s Answer

    The B visa is a purely nonimmigrant visa category. As such, it can be difficult to obtain when an individual has evidenced "immigrant intent" by filing a green card petition. In the situation where an employer sponsors you for permannet residency after you have entered the 5th year of your H-1B status and you do not have an approved I-140 petition, you might still be able to position yourself for a post 6th year H-1B extension if you "stop the H-1B clock". In some instances, a trip abroad (which stops the accrual of H-1B time) might position one to renew and extend the H-1B after the trip with sufficient time to avail themselves of a post 6th year H-1B extension.

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  • I've an Unused H1B approved petition outside US -Sep12 (only WAC number) Now I want to file H1B will I come under CAP exempt?

    My H1B Petition was approved Out side USA in September 12 but i did not went for Stamping. now I am in USA on F1. Can New Employer file H1b under Cap Exempt with WAC ? What would be my best way to receive I797 copy? What if my old employer has w...

    Erik’s Answer

    As ageneral rule, 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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  • H4 extension when working on EAD

    My wife is working on EAD. Attorney is saying I should extend her H4 along with my H1. I believe the moment you use EAD you are no longer on H4 so what is the use of this H4 extension. Does h4 extension and same time working on EAD has any imp...

    Erik’s Answer

    An H-4 visa holds what is known as "dual intent" which basically allows a person to maintain and extend the H-4 while they pursue permanent residency. H-4 visa holders who also have an adjustment of status petition pending are generally permitted to obtain and EAD on the basis of their status as an AOS applicant irrespective of the H-4. Finally, under current USCIS policy, an H-1B and H-4 visa can be extended even if the applicant last entered the US on an AP (though it is generally preferred that the H visa be used for re-entry).

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  • My husband h1b(working visa)from almost last 9 year,my husband apply greencard but we have no reply hw we know our GC status...?

    My husband from india and work in a company.my husband on h1b visa.please tell how we know the reason why my husband greencard not approve?there is any document require or any other reason for delay?thanks in advance

    Erik’s Answer

    Over the past several years, there have been extraodinary delays for most employment based green card cases filed on behalf of Indian citizens. The primary reason for these delays is the unavailability of visas that permit an applicant to reach the last stage of the process (adjustment of status). The Department of State issues a monthly bulletin that sets forth visa availability which you might find helpful (http://travel.state.gov/visa/bulletin/bulletin_1770.html). General information on the employment green card process is also available at www.uscis.gov.

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  • H1B CapExempt query

    I got my H1B through employer X in Oct 2011 while i am in USA and i left USA end of October . I just stayed 17 days on my H1B visa status and now i am planning to apply for H1B through another employer . Can i apply now as a Cap-Exempt or Should...

    Erik’s Answer

    As ageneral rule, 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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