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Erik CJ Anderson

Erik Anderson’s Answers

132 total


  • Hi, What is the procedure to file AC-21? Do I need to go through an attorney? If not, can you please send the template form.

    I have applied I-140 and I-485 same time in July, 2007 and I-485 is still pending. I have changed my employer this week. Thanks, Suresh

    Erik’s Answer

    While there are no regulations that govern an AC21 portability notification, the USCIS has indicated that it does expect applicants to notify the Agency of changed jobs. As a general rule, it is advisable to establish that you are the beneficiary of an approved I-140 petition and an AOS application that hads been pending for 180 days or more, and that your new employment is in the same or similar occupatoion to that which you were originally sponsored. It is also advisable to consult with an attorney to confirm your coverage under AC21's portability provisions.

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  • Is it better to be on H1 visa or EAD?

    I am on H4 and my husband on H1.

    Erik’s Answer

    While not absolutely required, it is generally advisable for an employment based green card applicant to maintain their nonimmigrant status (i.e., H-1B or L-1) while their green card is pending. This is typically a decision made by the sponsoring employer, and an applicant is well served to consult with their employer and counsel when determining whether to maintain their nonimmigrant status.

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  • 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?

    1.if i changed my status to B2 to stay legally can i change it back to H1 after getting i 140 approval with the same employer. 2.if my B2 visa is pending while my h1B expires can i stay legally?

    Erik’s Answer

    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 (which stops the accrual of H-1B time) might position one to renew and extend the H-1B after the trip with sufficient time to avail themselves of a post 6th year H-1B extension.

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  • I've an Unused H1B approved petition outside US -Sep12 (only WAC number) Now I want to file H1B will I come under CAP exempt?

    My H1B Petition was approved Out side USA in September 12 but i did not went for Stamping. now I am in USA on F1. Can New Employer file H1b under Cap Exempt with WAC ? What would be my best way to receive I797 copy? What if my old employer has w...

    Erik’s Answer

    As ageneral 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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  • H4 extension when working on EAD

    My wife is working on EAD. Attorney is saying I should extend her H4 along with my H1. I believe the moment you use EAD you are no longer on H4 so what is the use of this H4 extension. Does h4 extension and same time working on EAD has any imp...

    Erik’s Answer

    An H-4 visa holds what is known as "dual intent" which basically allows a person to maintain and extend the H-4 while they pursue permanent residency. H-4 visa holders who also have an adjustment of status petition pending are generally permitted to obtain and EAD on the basis of their status as an AOS applicant irrespective of the H-4. Finally, under current USCIS policy, an H-1B and H-4 visa can be extended even if the applicant last entered the US on an AP (though it is generally preferred that the H visa be used for re-entry).

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  • My husband h1b(working visa)from almost last 9 year,my husband apply greencard but we have no reply hw we know our GC status...?

    My husband from india and work in a company.my husband on h1b visa.please tell how we know the reason why my husband greencard not approve?there is any document require or any other reason for delay?thanks in advance

    Erik’s Answer

    Over the past several years, there have been extraodinary delays for most employment based green card cases filed on behalf of Indian citizens. The primary reason for these delays is the unavailability of visas that permit an applicant to reach the last stage of the process (adjustment of status). The Department of State issues a monthly bulletin that sets forth visa availability which you might find helpful (http://travel.state.gov/visa/bulletin/bulletin_1770.html). General information on the employment green card process is also available at www.uscis.gov.

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  • H1B CapExempt query

    I got my H1B through employer X in Oct 2011 while i am in USA and i left USA end of October . I just stayed 17 days on my H1B visa status and now i am planning to apply for H1B through another employer . Can i apply now as a Cap-Exempt or Should...

    Erik’s Answer

    As ageneral 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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  • 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.

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  • 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.

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  • 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.

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