Skip to main content
Erik CJ Anderson

Erik Anderson’s Answers

125 total


  • L1b expiring feb 2013.i 140 aproved..i 485 pending ..PD28th august 2012..eb1c.should i extn my L1b or can i call uscis for case

    my L1b is expiring in fabruary 2013..my Ead and i140 aprooved..i 485 is pending..Pd is 28th august 2012.Eb1c.shall i call uscis for ase status? or apply for l1b extention..online status is intial review..

    Erik’s Answer

    Under current USCIS policy, an employment based AOS applicant is permitted to legally remain in the US even if his/her L-1 visa expires. An AOS applicant is also permitted to work with a valid EAD card. That said, it is generally advisible to maintain the L-1 nonimmigrant ststaus during the pendency of the AOS process if possible.

    See question 
  • Could I switch to H1B When I applying for Green Card on L1B status?

    I'm working in USA under L1B now. My company will begin the Green Card applying process for me soon, but it takes long time(may be 5 or 6 years) when my L1B VISA expired. So, When I applying for Green Card on L1B status, could I switch to H1B? C...

    Erik’s Answer

    As a general rule, you are permitted to change your status from L-1 to H-1B during the pendency of your employment based green card matter. Ideally, this change will occur before you begin your 5th year of L-1 status so as to position you best for post 6th year extensions of your H-1B visa. Keep in mind that any H-1B petition will likely be subject to the annual H-1B cap, so consult with your employer and plan ahead.

    See question 
  • What documents to submit on I-140 RFE "the petitioner must admit that it has qualifying relationship with the Foreign orgn.

    It is I-140 , EB1C case. How to prove the relation between the two companies.

    Erik’s Answer

    It really depends on the nature and size(s) of the entities. Typical documentation accepted by the USCIS (where applicable) includes: annual reports, blanket L approval notices, financial documentation and public filings and stock purchase agreements.

    See question 
  • Should I send an interfiling letter for a ported EB3 I140 priority date to the newly approved EB2 I140?

    Primary applicant with an approved EB3 I140 priority date that was ported to an approved EB2 I140. I485 is still pending and both were filed concurrently. Nebraska is the service center for the EB3 I140 and I485, and Texas is for the EB2 I140 an...

    Erik’s Answer

    • Selected as best answer

    It would appear that an interfile request is the next logical step for you, and you would be well served to consult with an attorney who has experience in this area. If you do not consult with an attorney, you should at least seek guidance from the USCIS web site (www.uscis.gov).

    See question 
  • My H1B / I94 was expried in May 2012 and I am using my EAD from June. When I file my EAD does it required to attach I94/H1B?

    Since my I-94 was expired. Pleaes advise..

    Erik’s Answer

    Assuming that you have a timely filed adjustment of status application (AOS) pending, you do not necessarily need to attached the H-1B approval notice to the EAD application - don't forget to include your AOS receipt notice though.

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

    I have a 3-year Mathematics Bachelors degree from India, a 2-year MBA, and about 11 years of post-baccalaureate experience in computer science. For my EB2 green card, my employer requires me to have a US Baccalaurate in Mathematics, Computer Scien...

    Erik’s Answer

    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 education, work experience and any academic evaluations previously prepared on your behalf.

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

    I am on L-1A in the 7th year that will expire in 10/2013. My company filed a GC application for me in 10/2008. I got my EAD/AP in 02/2012 that will expire in 02/2013. What's the best option for me at this stage?

    Erik’s Answer

    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 your entry to the US as a nonimmigrant, an EB1 might be a viable option. EB1 petitions submitted with strong documentary evidence of managerial experience are being adjudicated in less than a year right now.)

    See question 
  • Reference to memorandum governing H-1B status when entering the US on Advance Parole - what is the name and where to find it?

    I am told there is a memorandum, not a regulation, where USCIS states that if you travel on Advance Parole you will still be in H-1B status when you return, as long as you have a valid H-1B. I have H-1B extended through Sept, 2015 (6 years expi...

    Erik’s Answer

    • Selected as best answer

    Your likely referring to the March 14, 2000 USCIS memorandum on dual intent issued by Michael Cronin. The topic is covered Chapter 23 of the Adjudicator's Field Manual that can accessed at www.uscis.gov.

    See question 
  • I have got I140 approved on EB1C. I had applied for I 140 alone and now plan to apply for I485. My co is filing for bankruptcy..

    .... in the next few weeks. But I have another job offer from a much bigger corporation in NY at much higher salary. Can I still apply for I485, what are my options ?

    Erik’s Answer

    The short answer is probably not, although you would be well served to have your situation examined fully by an attorney. Had you filed an I-485 that has been pending for 180 days or more, you might have been able to "port" your employment and keep the GC matter alive. However, without the 485 in the queue, this will be an unlikely option.

    See question 
  • Can L2 visa + EAD Holder with valid dates continue to work even if L1A visa holder returns to home country?

    On L1 visa valid till Jun'14.Spouse on L2 + EAD + 1-94 til Jun'14. Can she work til Jun'14 even if my company ask me to go back? I will still work for same company but not in USA.

    Erik’s Answer

    Probably not - your wife's L-2 status is entirely dependant on your maintenance of the L-1 status . If your company reassigns you outside of the US, you will not likely be in a posiiton to maintain the L-1.

    See question