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Erik CJ Anderson

Erik Anderson’s Answers

132 total


  • Hi, Should company now apply a new GC on H1B or the GC applied on L1B is still applicable?

    In 2008, GC was processed for me in EB3 category on L1B VISA.In 2013, H1B VISA was processed and currently I am on H1B VISA.My Priority date is June 2009.

    Erik’s Answer

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    A change in nonimmigrant status from L-1 to H-1B should not have an effect on the underlying green card petition so long as the offer of employment that served as the basis of the GC matter is still valid. The H-1B visa status might actually be to your advantage, as you may be positioned for post sixth year extensions of the H-1B visa if needed depending on the status of the green card matter.

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  • H1B Cap exemption eligibility

    Hello experts, I got my H1B I129 approved on May 6 2006 (validity 10/1/2006 to 9/29/2009), on 24 Jul 2007, I got H1B visa stamped on my passport. But I could not goto US due to personal reasons. Now i'm again trying to find a sponsor...

    Erik’s Answer

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    Generally, 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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  • Do I have to leave the United States after filing I-485

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

    Erik’s Answer

    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).

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  • Use old 140 priority date

    Can I use the old 140 priority date if I file green card with new employer. I do not have the old approved 140. I have the reciept of 140 submission.

    Erik’s Answer

    In order to use the priority date from a prior I-140 Immigrant Visa petition, the prior petition must have been approved.

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  • Unused H1b VISA .. will it come under quota?

    HI, I have h1b visa stamped valid from sep2008 to sep2011. However i have not utilized this and never travelled to U.S. If i have to apply again will i come under regular yearly quota or can i apply any time.??? I dont have any oth...

    Erik’s Answer

    Generally, 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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  • Does AC21 portability required for dependent applicant to work with different employer using EAD?

    We( I as dependent and husband as primary applicant) applied GC under EB2 with Employer-A. We both got EAD. My husband is continuing his job with same employer using EAD. I never worked in USA. Now, I am planning to work on EAD. Question is, Do I ...

    Erik’s Answer

    As a general rule, AC21 notification (and the portability provisions that apply to it) pretain to the primary applicant on the adjustment of status application. A dependent adjustment applicant's EAD is generally applicable to any employment in the US.

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

    My husband (the L1 holder) is leaving because his project here (in the Us) has stopped for a 3 month period more or less. He is going back to our country and then plans on comming back to the US. since I have my job and two daugthers at school...

    Erik’s Answer

    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.

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  • H1B to H4 / EAD status . . . issues ?

    My wife is currently working on her H1B visa . As a dependent on my Green Card application she also has a valid EAD card and Advance Parole documents . She is planning to quit job soon . Once she does that , do we have to file for any change o...

    Erik’s Answer

    • Selected as best answer

    Under current USCIS policy, an adjustment of status applicant with a valid EAD card can remain in the US and work irrespective of whether they hold/maintain a valid nonimmigrant visa. As a general rule, it is preferred that an AOS applcant continue to maintain valid nonimmigrant status, although it is not technically required.

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  • Employer paid less than what was shown on the H - B petition .

    Hi I am on H - B status from the last 1 year . My employer has been paying me less salary than what was shown on the I - 129 petition approved by LUSCIOUS ( my bad that I didn't pay attention ) . Will I be able to get this money back from th...

    Erik’s Answer

    The Wage and Hour Division at the US Department of Labor enforces the proper payment of H-1B wages, and underpaid H-1B workers can notify the Agency of possible violations. The following link can be useful for affected H-1B workers: http://www.dol.gov/whd/immigration/h1b.htm
    The site contains a H-1B Workers Rights Card that sets forth H-1B workers' rights and procedures for reporting violations.

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  • Salary requirements for EB1C

    Hi I understand that there are no specific salary criteria for EB1C - Multinational Executive / Manager category petitions. However, is there any unwritten benchmark? I make $ 95 K yearly and would like to know if this could be OK assuming othe...

    Erik’s Answer

    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 consistent with managerial posiitons in the geographic area of employment.

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