Erik CJ Anderson’s Answers

Erik CJ Anderson

Herndon Immigration Attorney.

Contributor Level 11
  1. Who can file under 2nd preference employment based category?

    Answered over 3 years ago.

    1. Erik CJ Anderson
    2. Maria Fuster Glinsmann
    2 lawyer answers

    To successfully file an EB2 petition in this instance, the school will need to demonstrate that there is a "business necessity" for the above normal requirements for the offer of employment. To do this, the school will have to demonstrate that the job duties and requirements for the position bear a reasonable relationship to the occupation in the context of the school's business and are essential to perform the job in a reasonable manner. The key legal standards for business necessity can be...

    3 people marked this answer as helpful

  2. H1B Transfer Case, Working outside USA on Unpaid Leave.

    Answered almost 4 years ago.

    1. Erik CJ Anderson
    1 lawyer answer

    You should not have any issues provided that you can demonstarte that the leave to India was bona fide and not necessarily due to lack of work, etc. with your employer. Your recent pay records will also help to strengthen the transfer petition.

    3 people marked this answer as helpful

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

    Answered over 1 year ago.

    1. J Charles Ferrari
    2. Erik CJ Anderson
    3. Mary Kathleen Neal
    3 lawyer answers

    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).

    1 lawyer agreed with this answer

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

    Answered over 1 year ago.

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

    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.

    1 lawyer agreed with this answer

  5. Salary requirements for EB1C

    Answered over 1 year ago.

    1. Erik CJ Anderson
    2. J Charles Ferrari
    3. Carlos E Sandoval
    3 lawyer answers

    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...

    1 lawyer agreed with this answer

  6. 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?

    Answered over 1 year ago.

    1. Erik CJ Anderson
    2. Tripti Sharad Sharma
    2 lawyer answers

    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 (...

    1 lawyer agreed with this answer

  7. 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

    Answered over 1 year ago.

    1. Carl Michael Shusterman
    2. Erik CJ Anderson
    3. J Charles Ferrari
    3 lawyer answers

    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.

    1 lawyer agreed with this answer

  8. I am the primary with I-485 pending. Spouse is H1-B also, but will not work after 2 weeks. Will my spouse be in "out of status"?

    Answered about 2 years ago.

    1. Erik CJ Anderson
    2. F. J. Capriotti III
    3. Patrice Dayale Dziire
    3 lawyer answers

    If your husband has a pending I-485 application with you, then he can technically remain in the US legally without an H-1B or H-4 visa pursuant to current USCIS policy. That said, he would be well served by possessing an H-4 visa if possible. Additionally, he is eligible for an H-1B visa with a new employer assuming that he has time remaining on his six years and/or can position himself for an extension based on his previously approved I-140 (assuming that it has not been withdrawn).

    1 lawyer agreed with this answer

  9. Applying for H1 Extn, spouse on EAD

    Answered about 2 years ago.

    1. Ralf D. Wiedemann
    2. Erik CJ Anderson
    3. J Charles Ferrari
    3 lawyer answers

    Your spouse can actually maintain her H4 visa status while continuing with her AOS aplication and the related EAD. In fact, it is generally preferred that the H4 is maintained; in the event that the AOS applicatin were denied, she could still legally remain in the US on the valid H4. The reason for this is that the H4 visa classification hold what is referred to as "dual intent" which basically means that one can maintain the nonimmigrant visa status while pursuing permanent immigrant status...

    1 lawyer agreed with this answer

  10. AOS with old employer

    Answered over 2 years ago.

    1. Neil Ian Fleischer
    2. Erik CJ Anderson
    3. Karen-Lee Pollak
    3 lawyer answers

    To file an adjustment of status application with your original sponsoring employer, it must demonstrate the intent to employ you consistent with the terms and conditions of that original offer of employment. It would not be advisable to file an AOS and plan to port employment under AC21 if the intent to employ does not exist. Put another way, if your original sponsoring employer is "out of the picture", it would be best to let your new case run its course and then transfer your priority date...

    1 lawyer agreed with this answer