daogei

Thanks for your reply retzie!
In other words, once I get into the US with the E-3 visa, and assumed I have talked to my employer regarding the application of EB-3 visa, I can then proceed with the I-140 petition and the application process for EB-3 visa?

So is there any case where E-3 visa holders who were concurrently applying for EB-3 visa got rejected for the renewal of E-3 visa due to the application of EB-3?


Thanks for your advise! Just wondering normally for Australians, how long does it usually take to get the I-140 petition approved?

Why would you say EB-3 is better than EB-2 for my case? I heard the processing time for EB-2 is shorter than EB-3? Or is there any particular reason why you are saying this? Thanks for your help!

ian-mstm

And this is where most people get confused. Just because dual intent is not specifically allowed (such as with an H and L visa), it does not follow that dual intent is specifically prohibited. As I noted earlier, almost all visas allow for dual intent whether specifically stated or not.

Also, apologies about the COS stuff. It seems that I wasn't 100% correct on that - and I thank retzie for setting me straight! Now, if only I can remember for next time!

Ian

retzie

There would be no immigration impediment to doing that. However, in practical terms, you may find it difficult to convince an employer to do this (it is expensive and the moment you have a green card, you can leave for a different employer).

I'm sure you can dig up a problem case somewhere! Note that the existence of an I-140 application/approval can't be the sole reason for an E-3 refusal. However, you still need to fulfill the requirements of the E-3, which included the intention to leave the country. IMO, this is a blurry line, but I don't know how it is playing out in practice.

My employer was risk-averse and cap-exempt, so I had the luxury of switching to an H-1B 'just in case'. It sounds like you probably won't be able to do this (the cap is the big problem), so the E-3 with its inherent risks may be your only real avenue.


Your nationality has no impact on the I-140. In fact, your nationality has no real impact on employment-based immigration at all. Your country of birth, however, will affect you when it comes to the AOS step (see below).


EB-2 almost always has visa numbers available more readily than EB-3 (here is the December visa bulletin). This affects whether you have to wait to adjust status once your I-140 is approved. If you were born in Oz, you will be subject to the numbers in the first column. If you were born elsewhere, you might be in for a longer wait.

Caveat: I don't know if there is a difference in preparing the I-140 for EB-2/3 from the employer side, which may push them one way or the other.

If you want to see a big accumulation of personal experiences, check out Trackitt.

daogei

I do agree with you, that may be what I need to be careful at. No worries, thanks for your big help on clarifying my uncertainties!

So in fact I should express my concern on applying for a green card while I am applying for a job position?

I have been actually trying to find cases on this scenario, unfortunately I cannot find a relevant experience that is similar to my case. Isn't this contradicts with the USCIS memo sentence you provided earlier?


Yes you are exactly right, provided that my only concern now is whether applying for EB-3 visa once I get into the US will affect my extension of E-3 visa after two years..

If I am born in Sydney, it seems like in the category of "All countries"? So in other words there are no specific privilege in my case?

So usually if I am born in Australia, what will be the average processing time of obtaining an EB-3 visa? It seems various from different cases that I have read.

The thing is that I am still not sure if I should go for EB-2 or EB-3. Seems like EB-2 is certainly faster, just that I am not sure if I am eligible to apply for this visa. I have read an article saying that the applicant started working with an E-3 visa (which is similar to my case), and he applied for an EB-2 visa, and got it within two years. In this situation, he does not even need to extend his E-3 visa hence there would have no worry on my concern in the above..

Thanks a lot, I will try to read more threads there!

retzie

I would suggest playing down your immigration requirements before you have an offer! Even the E-3 will probably involve some sweet-talking ("it's kinda like the TN for Canadians; nothing like the H-1B you've heard awful things about"). The mention of green card sponsorship could easily have them running a mile.


The simple fact is that anyone can be denied an E-3 for 'insufficient ties outside the US'. There is no need for this kind of denial to be documented at all; it can just be the ConOff's 'spidey sense'. Who is to say whether that concern came from the I-140, or something completely different?? I would take the memo as a positive, but remember that nothing in US immigration is ever guaranteed.


Yes.


How long is a piece of string? Looking through experiences in your category on Trackitt will be your best indicator. Just be aware that factors like an audit or RFE can blow out the timeline considerably (mine had both).


This isn't really your decision to make. It will depend on the job itself (which you don't even have!) and what the employer is willing to support. I suggest you go for whatever option is available

daogei

Yes I'll definitely remember to express my interest of applying for green card during the interview with different companies.

I have also read some articles about this issue again, what I have seen from the previous applicants was that they were trying to get it done within the two year period of the E-3 visa. What they said is the first stage of applying Green Card (PERM) does not consider as an intention of being a permanent residency. Only filing for I-140 and I-485 will then be considered as express the intention of being permanent residency. As I looked at the Devember bulletin, it seems will take less than two years to wait for the approval of I-485, and that seemed to be how it worked for some previous cases.

What does it mean here?? Do you mind to further share? Thanks!

That's true, I need to first ask my employer whether if they are willing to sponsor me. After that I may need to hire a lawyer specifically for my case, it seems there are many possibilities that this can go wrong!

retzie

Erm, that is the exact opposite of my suggestion. If you tell them this up-front, you will potentially get your application binned without another thought. The time to bring up a green card is when you are in a (strong) position to negotiate. This is usually once they are trying to get you to accept an offer!


As I said, there are no guarantees with US immigration! The processing times could do anything between now and when you apply. And that's leaving aside the potential for problems for your particular case.


An audit is exactly what it sounds like: a spot-check that was not triggered by the application itself. Mine happened at the PERM stage. I think it added something like 6 months to the petition processing time.

An RFE is a Request For Evidence - this could be something that was missing in your file, or that somehow got lost along the way. This could happen at any stage of the I-140 or I-485. It will cost you however much time it takes you to respond PLUS however much time it takes USCIS to process the new evidence and resume consideration of the application (or send another RFE for the same thing...). This could add an indeterminate amount of time.


There are. But honestly, the most common thing to go wrong is not finding an employer who is willing to sponsor you, or you do, but the job and/or you do not meet all the requirements. Work on that first

daogei

Oh, that's really depending on how I bargain with my employer. Thanks for your suggestion!

However, for your situation, did you also convert from E-3 visa to EB-3 visa? Or did you take some other route? How long was your processing time when you were applying??

However, does PERM stage consider as expressing interesting of permanent residency? I also heard if additional information is needed during PERM stage, it may take additional months to get it cleared.

How long did it take you to settle this RFE in the past? However, I heard once filed I-140 and I-485, then I no longer need E-3 visa to maintain the temporary resident status. Is this actually true?

What does it mean by the job and/or I do not meet all the requirements specifically?

solomani

Looking at some old threads (here and elsewhere) it looks like some Aussies have actually gone over to the US and looked for work there, but not much follow-up after that.

Has anyone on here done this and how did you go (or can relate a friends experience)? If you did do this where did you end up applying for the e3 – back in AU or somewhere like Canada and how was the experience if in Canada (from what I read in AU it is no drama, but any other country could be a hassle).

For context, I work in the IT field (project/programme management, people management all Infrastructure/DevOps stuff) and I was thinking of combining a long holiday over in the US with a job hunt.

Thanks in advance.

retzie

No. And it was also over 3 years ago. That's why I'm not giving you my timelines - you might like to hear them, but they have no relevance to your case whatsoever

If you are desperate to see a bunch of people's timelines (also with no relation to your own), knock yourself out on Trackitt.


We're not talking about the PERM blowing out to over 2 years and imperiling E-3 renewal itself (even though it could). But PERM approval could take a while (like 9-12 months), which will throw your fantasy timeline out completely. The point is you can't actually bank on everything going through before your first E-3 is up for renewal. Hope for the best, plan for the worst.


Not true for the I-140; true for the I-485. (But the I-485 needs to have actually been filed, which means that if you are stuck waiting for a visa number after petition approval, you DO need to maintain a current non-immigrant status.)


A job, the search, and the successful candidate all need to meet a lot of requirements to qualify for any of the EB visas. You're welcome to look them up. This is why the employer will need an immigration attorney.

daogei

You are very true, by far I still cannot find any relevant experiences similar to my case. Seems like seeking help from immigration attorney is the only way out, however as I am currently still in Hong Kong, it is pretty hard for me to seek for consultation at this moment. That is why I wanted to research more before making the decision of moving to US.

The thing is moving to US simply means an end of career in my current country, that is why I would like to make sure there's some sort of plan or guarantee for myself to make sure my career path can be developed in US prior to moving at this moment.

As I heard I-140 can be applied with I-485 concurrently, I suppose this will be taken into effect as long as I have filed both of these forms.

Is there actually cases even the employer has hired an immigration attorney, and at the end the immigration still did not work out as planned?

caitlinlee

Since I read just about every post imaginable on this forum before getting my E3, I wanted to share my recent experience applying for my first E3 Visa in the Bahamas incase it's helpful for anyone! (Spoiler: Visa approved!)

I've been in the States since Oct'14 on an L-2 Visa and have experienced the joys (hah!) of needing an EAD to work. I spent a lot of time waiting for my initial EAD, and then a year later lost my card before starting a new job so was delayed a further few weeks to get a new one, and now my two years is almost up so I've started the frustratingly lengthy process to get a new card.

After a few curveballs while applying for my new EAD (the fee went up between when I sent it and when they received it, resulting in a returned application a month later, argh!) I thought, what the heck, I'll see if I can get sponsored for an E3.

Sure enough, my company (Facebook) was happy to process this having done a few before, and quickly returned the paperwork I needed to apply. With a few weeks out from being unauthorized to work at all (no EAD yet!) I wanted to find the US Embassy with the a) the fastest appointment time and B) the fastest processing time that was closest to the US so I could get back to work asap. The Bahamas looked like the best embassy to book, and I'd read a few good reviews about the process here. So I booked an appointment (1 day waiting time) and flew out to Nassau the night before a 10am appointment. Of course the day before I started getting very anxious and started checking every blog, forum and website about E3s, only to discover I'd totally missed a tab on the Bahamas Embassy website that said they a) only process E3 renewals and b) wouldn't process anyone coming off one visa onto another (I was coming off L2 > E3) - CRAP! I'd read so much but totally missed this. Sadly, my flight was non refundable and I'd already paid the $205 appointment fee, so I thought I may as well try.

Turned up at 9.30 and sat in a line under some palm trees for 30 mins before being let through security. First went to the cashier to confirm payment, though oddly she never asked to see a receipt if I'd paid and instead asked for my LCA. She made jokes about me working at Facebook, and my heart skipped a beat when she paused and said "So, I have one question..." only to then be asked about some Facebook privacy settings - definitely made my tense situation a little better Once she took info from my LCA, I was then sent to a seating area for 45 mins before my interview and endured the awful wait while hearing other people be rejected for their visas for a variety of reasons.

Finally at 11am my name was called and I walked up to the officer and handed my LCA through the glass - he asked what I was giving him and I said I thought he needed it - maybe not! He then asked what I was applying for, said an E3 and he looked up the requirements and then asked a series of questions: what my role was, what I'd be doing, what my salary was and what I studied in Australia. When he asked about study I handed over an education equivalency certificate which seemed to answer his question immediately (highly recommend investing in one of these!). He finished by asking when my flight back to the States was, I said Saturday (interview was on Wednesday) but happy to extended if needed, he said no to worry, I was approved (!!!) and could pick up my passport with the new E3 visa on Friday at 1pm and commented that I was a lot more accommodating than others who demanded their passport back in a day. Little did he know I was about ready to jump through the glass and kiss the man because I was so thrilled and shocked that I'd been approved - would definitely have waited for longer than 2 days to get it back if needed

Moral of this long story is, do what makes you feel comfortable, but the Bahamas worked for me in this instance. I definitely had a lot of sleepless nights leading up to this moment, and I'm still pinching myself over the approval. I'm not sure if the embassy info is just outdated or if I just got lucky, but hope this helps others considering a similar path to me! I think the education equivalency certificate worked wonders - you can never be too over-prepared with documentation to prove your case. Good luck!!

ian-mstm

Congratulations. Well done.

Ian

cazraff

[QUOTE=caitlinlee;12162859]. When he asked about study I handed over an education equivalency certificate which seemed to answer his question immediately (highly recommend investing in one of these!).

Caitlin - I found your post at just the right time. We are booking to go to the Bahamas to renew our E3 visas in 2 weeks.

Can I ask how recently you were there to apply for your E3?

May I also ask, did your education equivalency equal a 4 year USA degree? if it equalled 3 years like most Australian degrees do - did they ask for any proof of work experience to make up the remainder? Was your resume enough?

Congratulations on your E3!

docnetau

[QUOTE=cazraff;12163696] Most Australian 3-year degrees (or at least, those relevant for an E3 position) will be deemed equivalent to a US 4 year degree.

I've never heard of anyone with an Australian 3 year degree being asked to show additional work experience.