Erik CJ Anderson’s Answers

Erik CJ Anderson

Herndon Immigration Attorney.

Contributor Level 11
  1. H1B CapExempt query

    Answered over 1 year ago.

    1. Erik CJ Anderson
    2. Kyndra L. Mulder
    2 lawyer answers

    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.

    2 lawyers agreed with this answer

  2. Transfer application from EB3 to EB2 category

    Answered almost 3 years ago.

    1. Erik CJ Anderson
    2. J Charles Ferrari
    3. C. C. Abbott
    3 lawyer answers

    If your husband has an approved I-140 on the EB3 matter, he can apply that priority date to a new EB2 matter. Key point to remember is that he needs start the process anew and file an EB2 PERM labor certification petition with a sponsoring employer. The posiiton that he is offered must also be appropriate for the EB2 category, and your husband must qualify for the EB2-level requirements (i.e., at a minimum possess the equivalent of a US master's degree or a BS degree plus 5 years of...

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  3. L1A is rejected and recommended for H1B,I have H1B Petition which was applied prior to L1A Rejection,can I take H1B appointment?

    Answered almost 4 years ago.

    1. Erik CJ Anderson
    1 lawyer answer

    You should consult your with your company's human resources/immigration team and their attorney to examine the validity of the H-1B approval to your situation, particularly since there was likely some sort of changed circumstance, etc. that prompted the decision to file what appears to have been a blanket L petition.

    1 lawyer agreed with this answer

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  4. H1B expiring on Feb27, 2014. Both 3 years terms & recaptured days have been used. Is there anyway to begin GC processing ?

    Answered 7 months ago.

    1. Alexander Joseph Segal
    2. Erik CJ Anderson
    3. Ajay Kumar Arora
    3 lawyer answers

    To extend the H-1B visa beyond the six year limit, an approved I-140 would be needed given the factual situation above. With the time that it takes to prepare recruitment for a PERM-based labor certification petition, coupled with current DOL processing times, it is extraordinarily unlikely that an approved PERM will be in place to position a sponsoring employer to file for the I-140 petition. A potential option in max out situations is to depart the United States before the H-1B ultimately...

  5. Applying H1 while I140 pending

    Answered almost 2 years ago.

    1. Erik CJ Anderson
    2. J Charles Ferrari
    2 lawyer answers

    Under current USCIS policy, you can re-enter the US on your valid AP and still maintain (and later extend) the H-1B visa. That said, it is preferred that you travel on a valid H visa, but the AP should work if need be. Please also be cautious about exiting the US while you have an H-1B extension pending. I recommend that you consult an attorney and/or your employer before travelling.

  6. 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?

    Answered over 1 year ago.

    1. Erik CJ Anderson
    2. Gen Kimura
    3. Tripti Sharad Sharma
    3 lawyer answers

    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.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  7. For EB2 cases, is USCIS no longer considering 3 years of post-baccalaurate experience as a substitute for 1 year of education?

    Answered almost 2 years ago.

    1. Erik CJ Anderson
    2. Gen Kimura
    3. J Charles Ferrari
    3 lawyer answers

    This is an interesting issue that you would be well served by consulting with your sponsoring employer's attorney. The short answer is probably not on both counts. As a general rule, the USCIS does not permit you to combine work experience with your India-based education to obtain the single 4-year BS degree needed for the EB-2. (The same generally holds true with your 2-year degree). That said, I would not rely on this conclusion without having an attorney take a close look at your...

    1 lawyer agreed with this answer

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  8. My EAD/AP and L-1A expiring next year (2013). Should I renew my EAD or move to H-1B?

    Answered almost 2 years ago.

    1. J Charles Ferrari
    2. Erik CJ Anderson
    3. F. J. Capriotti III
    3 lawyer answers

    Based on your L-1 time in the US, the H-1B is not really a viable option at this point. You can, however, legally remain in the US based on current USCIS policy with a pending AOS application and continue to work with a valid EAD after the L-1 expires. (I suspect that your GC case was filed in the EB2 or EB3 category - with your L-1A status, you are presumably working as a manager or executive; if you worked outside of the US as a manager for at least one year in the preceding three before...

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  9. I am now in 6th year of my H1B Visa, Visa valid till May 2013. I have approved I-140 GC process.

    Answered about 2 years ago.

    1. Erik CJ Anderson
    2. Marc Damien Sean Taylor
    3. J Charles Ferrari
    3 lawyer answers

    Technically, the I-140 approval must remain valid for you to extend the H-1B visa beyond the sixth year limit. Put another way, if the I-140 employer withdraws their sponsorship of you, your ability to extend the H-1B could be compromised.

    1 lawyer agreed with this answer

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  10. Could 2 companies apply to sponsor me at the same time? One for green card and another for H1B extension?

    Answered about 2 years ago.

    1. Marc Damien Sean Taylor
    2. Erik CJ Anderson
    3. J Charles Ferrari
    3 lawyer answers

    The short answer is yes. An employment based green card petition is technically an offer of future employment, and there is no obligation that the sponsoring employer employ you during the pendency of that process. That said, it is extremely important to be sure that the green card offer of employment is bona fide; the sponsoring employer must commit to the offer of employment and fulfill its obligations throughout that process (i.e., adequately test the US market, show the ability to pay the...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful