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Erik CJ Anderson

Erik Anderson’s Answers

125 total


  • My 5 Years Time Limit on current L1B will be expired on 10/30/2012, can my employer apply for new H1B in April 2013.

    My 5 Years Time Limit on current L1B will be expired on 10/30/2012 and I am traveling to my country on in mid Oct 2012. My question is can my employer apply for new H1B in April 2013 (as i have not completed full 6 years term but 5 years) ? I...

    Erik’s Answer

    Your understanding is correct. You might also consider an absence from the US for a complete year which would entitle you to a fresh 6 years on the H-1B.

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  • Applying H1 while I140 pending

    1. can I use advance parole to return to U.S. while my H1 visa application is in administrative processing? Will it jeopardize my current H1 status or I140 application? 2. ( If I can use AP returning to the U.S. ). After administrative com...

    Erik’s Answer

    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.

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  • Can l2 visa holder stay and work in US without l1 visa holder in US

    My spouse (who is in valid L-1visa till Apr 2013) was asked to leave US to work in India for the same company. I have my l2 visa and EAD valid till Jul 2013. How does this affect my L2 EAD status? Can i continue my stay and work in EAD as long as...

    Erik’s Answer

    It really depends on the nature of the transfer and whether it is incidental to his employment in the US on L-1 status. If your husband's transfer to India is temporary, and he will be returning to the US on his L, you are probably OK. However, if the transfer is long term, then your EAD and L-2 status could be an issue.

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  • I'm left with 5 months in my current H1b with Labor and I140 approved.If I transfer to new employer will I get 3yrs on my new H1

    I'm working on H1b visa and I'm in the 6th year of my H1b. I've an approved Labor and I140 with my current employer. I've only 5months left in my current H1b. I'm trying to transfer my H1b to a new employer. Now if I transfer my H1b to a new empl...

    Erik’s Answer

    You could possibly be eligible for the 3-year extension provided that your sponsoring employer does not formally withdraw your approved I-140. From a practical standpoint, this situation rarely, if ever, comes up with post 6th year H-1B extensions based on an already approved I-140. That said, I would question your success in this regard without ensuring that the USCIS will not receive such notification from your I-140 employer.

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  • H1b resign and then relcation back after 1 year , do i come under quota ?

    Hi, due to personal circumstances i may need to resign from my job (h1b) but i am willing to relocate back in the next year (or 2 ) . My current h1b is valid till september 2014. Do i just need another willing employer to petition my h1b and not c...

    Erik’s Answer

    As long as you were counted against the H-1B cap for a given year, a new petition filed on your behalf should be expempt from future caps. I recommend that any sponsoring empoloyer investigate the circumstances of the filing of your first petition to confirm your eligibility in this regard.

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  • 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"?

    My I-485 is pending and biometrics this 8/6/12. My spouse's employer will not continue with H1-B (expires 10/16/12), and employment until 8/10/12 only. WIll my husband b in out-of-status? shld he convert to H4? He has approved I-140 fr previous em...

    Erik’s Answer

    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).

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  • L1B to H1B without living in US? Is it better to go for H1B from scratch?

    Hello, Last year I got the L1B visa to be able to work in US for specific projects while I was based in Canada. At the beginning of 2012, I was transferred by the same company to France for another project where I am still living. BR, Rahul.

    Erik’s Answer

    • Selected as best answer

    The annual cap for the H-1B visa category has been reached for Federal Fiscal Year 2013 (beginning October 2012). As such, an H-1B visa will not likely be available to you until October 2013. The L-1 is most likely the most favorable visa category available to you and your company at this time. I suggest that your company consult with competent counsel to assess other options that may be available as well.

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

    I am now in 6th year of my H1B Visa, Visa valid till May 2013. I have approved I-140. i-140 Approved May 2012. Can i transfer my H1B comfortably to other company and will I get 3 years of extension on Basis of approved I-140 OR I Cannot tranfer n...

    Erik’s Answer

    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.

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  • Applying for H1 Extn, spouse on EAD

    I filled for I 485 in december 2011. My spouse and me received Ead and Ap in january. My h1 is going to expire this OCT and iam in process of filling my H1 extension. Currently my spouse is working on EAD for a company. My queries are: 1. Can i...

    Erik’s Answer

    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 through the AOS application.

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  • My I485 & I140 filed concurrently in EB1C 18 months ago.I have EAD & am still on L1.My I-485 still pending.Can I change job now

    My I-485 & I-140 filed concurrently in EB1C category 18 months ago. I had received EAD 15 months ago & My I-140 was approved 5 months ago. I have been on L1 visa and never changed my L1 status to EAD. 1. Since My I-485 is still pending for 18 ...

    Erik’s Answer

    Under current USCIS policy, multinational managers or executives can avail themselves of the portability benefits under AC21. In addition to the basic requirements for porting under AC21, it is very important to ensure that your new position is in the same or similar occupational classification to that which you were originally sponsored. You would be well served to consult with an attorney to explore your options.

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