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Erik CJ Anderson

Erik Anderson’s Answers

132 total


  • H1b extension is APPROVED - Perm Denied - Transfer H1b to different employer(please see the description below.)

    H1b extension is APPROVED 2 months ago with Company A as perm was under processing for 365.Last week, Perm got denied. Can I Now transfer my H1b to Company B and start GC process?

    Erik’s Answer

    A PERM denial may affect the ability to maintain H-1B status if an individual has held his/her status for more than six years. It is generally advisable to consult with an attorney before changing employers to assess the costs/benefits of such a change in relation to the ability to maintain status.

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  • If I quit after an approved I-140 and leave the US, can I re-enter on a non-immigrant visa? (B1/B2/F1 etc.)

    I've been working in the US for 6 years. My employer has filed an I-140 petition which as been approved (along with a 3rd three-year H-1 extension on that basis) and has also concurrently filed an I-485 petition. I am considering leaving the emplo...

    Erik’s Answer

    As a general rule, it will not be possible to obtain a purely "nonimmigrant" visa (i.e., B visitor visa) if you continue to demonstrate immigrant intent with a pending green card matter. You would be well served by consulting an attorney to explore the impact that leaving an employer would have on a situation where your adjustment of status application is pending, particularly as it relates to your employer's intent to ultimately employ you in the offered position when your matter is eventually approved.

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  • How much do you have to pay for renewal of work permit in missouri

    my work permit will expire in first week in febuary and when is the appropriate time to send my renewal form and how much do I have to pay.Thanks

    Erik’s Answer

    An EAD card renewal can be applied for within 90 days of expiration. If you visit www.uscis.gov and click on the forms link, go to I-765, and you will be able to find all needed information regarding instructions, fees, etc.

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  • Planning to travel India?

    Hi, I am in l2 visa my expire on Aug 03 -2014 and I-94 also expired on same date. My spouse company applied extension for me. I want to travel india some emergency issues can i travel india or not .. I have to carry any required documents?

    Erik’s Answer

    As a general rule, travel is not recommended while an L extension is pending, however, USCIS regulations provide that approval via cable will be provided to the applicable consular post if the applicant departs the US while the extension is pending. 8 CFR 214.2(l)(15)(i). Assuming that the L extension petition is approved (which is not guaranteed), a new visa would be processed through the consulate.

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  • Green Card Priority Date Query

    I am currently on H1B Visa and got my GC process started and completed till I-140 with particular employer A. I have got a priority date of June-12. but now i am looking to switch employer, will this have negative impact on my priority date. ...

    Erik’s Answer

    As a general rule, a priority date from one employment based green card matter cannot be transferred to another matter with a new employer unless the I-140 has been approved. If the original sponsoring employer withdraws the I-140 before approval (which they can do), no benefit from that case can be transferred to a new matter with a new employer. Put another way, the GC process would start all over again from the beginning (i.e., labor certification), with a new priority date. If the original I-140 has been approved, the GC process also starts from the beginning with the new sponsoring employer, but with the benefit of being able to use the original priority date.

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

    My H1B expires on Feb27, 2014. I have already used both 3 years terms, and also the days spent outside of US. If my company is willing now, is there any way to start & obtain GC through permanent labor process and obtain it. A lot of factors affec...

    Erik’s Answer

    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 expires. The GC process can continue while an applicant is outside of the US. The applicant can then return to the US on unused time and/or an extension based on either an approved I-140 in the GC case or 365 days passing since the filing of the PERM petition.

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  • H1B Visa

    Hi, This is regarding my expired H1B visa. I'm from India and my H1B Visa got expired in the month of October 2007. I never traveled to US on this Visa. Can my employer go ahead and apply my new H-1B visa any time ( H-1B exempt ) ?

    Erik’s Answer

    As a general 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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  • I have got an approval notice of my EAD-GC card and still not getting the EAD-CARD yet, Can i start my work now ?

    I got approval notice of my EAD-GC work authorization Card, and the card is still not coming to my hand, it takes few more days to come, I got a good job, can I start to work now , hoping that my EAD-Card will come soon.

    Erik’s Answer

    In the absence of a valid nonimmigrant work visa, it is generally advisable to wait until the physical EAD card is in hand before beginning employment. The EAD card can then be properly presented to the employer for I-9 purposes.

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  • Will i be in EXEMPT if a new employer file my H1B. In past my 1st h1b was filed and it was valid from Oct/2007 to Sep/2010

    I came to US in Feb2008 and worked for couple of months and went back to my home nation in Apr/2009 that is i stayed in US for 13 months and recently a new employer is willing to file my H1B and he said he will file it in this Dec as i will be a C...

    Erik’s Answer

    As a general rule, an H-1B applicant is not subject to the annual cap if he/she has been counted against a prior cap. That said, I agree with my colleagues that 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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  • If I go for H1-B stamping after applying for my Green card, will I face any issues?

    Am I seen as a potential immigrant and what questions should I expect at the interview?

    Erik’s Answer

    The H-1B visa is a "dual intent" nonimmigrant visa category which essentially means that an individual can apply for their green card (or evidence immigrant intent) without jeopardizing their nonimmigrant H-1B status. As such, an application for an employment based green card should not present an issue at the time the H-1B visa is issued.

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