Can I transfer from an H4 visa to an E3 visa?
#16
Re: Can I transfer from an H4 visa to an E3 visa?
E-3 applicants are admitted for a two-year period renewable indefinitely, provided the alien is able to demonstrate that he/she does not intend to remain or work permanently in the U.S.
*Intend* to leave........I know people have successfully applied for GC on E-3 but NOT many is there in fact just one "Wakkas" ? I also ahve read on the forum someone got their renewal declined due to GC application pending...
I am not saying they can not apply for GC but the visa in itself is a non immigrant visa and the holder has to show that they intend to leave .......
#17
BE Forum Addict
Joined: Sep 2006
Posts: 1,966
Re: Can I transfer from an H4 visa to an E3 visa?
It is basically an indefinite status, as you may renew as many times as you like. All you are required to do is state that you will leave the US when you no longer have status to stay. That is NOT the same as requiring ties to the home country, which the E3 does NOT. There is an USCIS bulletin which advises that an E3 extension may not be denied due to pending immigrant petition.
#18
Re: Can I transfer from an H4 visa to an E3 visa?
It is basically an indefinite status, as you may renew as many times as you like. All you are required to do is state that you will leave the US when you no longer have status to stay. That is NOT the same as requiring ties to the home country, which the E3 does NOT. There is an USCIS bulletin which advises that an E3 extension may not be denied due to pending immigrant petition.
End of the day the conoff will decide ? What do you think if I have
e-3 and I renewed it say 3-5 times do you think the conoff just would
keep renewing ? Sure it says can be infinitely renewed but the conoff
may have other ideas. And it's not as if I will have a say !
Yes it says e-3 renewal can not be denied due to GC in process but they
can just say ties do not exist or can just say already renewed 3-5 times
and may interprit that to be wanting to be in US....
I heard a case here there were grand parents who were going in and out
of US and one time they were given 1 day to get out of the country as
they were trying to get in. So they let them in as they had a g child
with them but were asked to leave in 1 day. Now does USCIS state that
as a rule? but POE decided other wise...
I have read stranger things happening...on the forum of course....all
I am saying is although renewal can not be denied for GC pending...it
still is a non dual intend visa and as such there will be tension (thats
my assumption) if one kept renewing it forever.....
#19
BE Forum Addict
Joined: Sep 2006
Posts: 1,966
Re: Can I transfer from an H4 visa to an E3 visa?
We'll have to agree to disagree. I think you're wrong. It is indefinitely renewable.
#21
Re: Can I transfer from an H4 visa to an E3 visa?
Once in the GC process an H4 can obtain an EAD and work....just my halfpenny 's worth !!