Wakkas

My LCA is filled while I am on E3 and the company will apply for H1b in april but it will not need to be stamped as I am in US... and they will proceed with my GC application as normal. I work for Microsoft.. so this path is choosed by the legal team of MS.. I am told that I need not to do anything to get H1b stamped unless i want to leave US for vacation or anyother reason then i cannot re-enter US on H1B until october (same for my dependents)

abboy

Thanks wakkas,
My cousin is almost the same except that her labor cert is approved and her immigration visa number is current. Now she thinking whether to file for AOS immediately in April at the same time her company file for H1B or wait until October.

abboy

Hi Wakkas,
You might want to check out the advice and option being given to me by this thread in immigration..

http://britishexpats.com/forum/showthread.php?t=407722

Wakkas

thanks for the info.. but i guess the lawyers here do not want to take chance with E3 when they can get H1B too.. and my wife is not working so i dont mind switching to H1B. but i was told that i will remain on E3 until/unless we require to switch to H1B (in case of any problem processing GC while on E3) so its just a precautionary step they are taking.. I dont plan to fly out of US for a year atleast.. and my E3 will expire in 2008.. so hopefully all will work out fine.. best of luck to others.. but after reading desperateE3 posting.. i believe it does not hurt to be cautious.. esp when H1b is going to be available next month

Wakkas

abboy

So your company will go ahead filing for AOS while you are in E3 and will just activate the H1B when something goes wrong with the AOS ? I think my cousin company is thinking of doing the same thing but she is confuse when she should file the AOS just to be safe, In April or October?. Her E3 is expiring at the end of year. Also, My cousin has big investment here, she and her husband owns cars , house and with children. It will be a big headache for her family if something goes wrong.

Wakkas

Well i am not that far on process.. they just applied LCA for me.. so after thaat the GC process will start.. and i think if you have H1b as backup then it shouldnt be a problem to apply in april or october. as you are not required to leave US if you are on a valid status.. may be i am wrong..

MrBurns1980

Wakkas - When you say you have H1B as a backup what do you really mean? Are you going to go ahead and file your I-140 and 485 AOS while on E3 and see how it goes or are you going to switch back to H1 and do this?

MrBurns1980

desperateE3 - very sorry to read about your situation. Hope things work out for you. It would be great if you can ellaborate on why your GC was rejected. Did they file your I140 and 485 Adjustment of status simultaneously? Many lawyers are insisting that E3's can proceed to get their GC's as long as they do consular processing instead of AOS.
A while ago someone in this forum wrote that they got their GC while on E3 without any hassles.
Please let us know and good luck with everything!

Wakkas

My legal team will file I-140 and 485 together while i am on E3 and also in april apply for my H1b.. if there is any concern and question during the process of GC about dual intend then my legal is intending to activate that H1b.. i dont completely know how it works..

Wakkas

I personally asked desperateE3 about this and he said that his was simultanious filing.. and it got rejected saying that E3 does not allow dual intend and that he agreed on E3 terms that he will return to Australia and do not intend to live there permanently..

Also about the person who said had GC while on E3 was not fully true. he filed his GC application while he was on H1b and while GC was in process changed his status to E3 (after 1-2 years of GC filing) and he got his GC 6 months after that.. I dont knwo who started the process while on E3 and got approved.. but love to hear about it

MrBurns1980

I guess that makes sense since he was trying to adjust status while on E3, but I wonder what would happen if you do consular processing. Andrew Wilson who is a lawyer and contirbuted in another thread believes it can be done this way. I wonder what the disadvatages are if you go through consular processing.

Friday_Boi

Hi Guys,

Sorry am a bit lost about the fees. I have 3 family members (dependents) in my application for an E-3 Visa. Do I have to pay 130AUD$ for each member or just 1 for myself. Any help would be greatly appreciated.

Wakkas

this should be moved to E-3 thread.. well 130 AUD$ for EACH member

Friday_Boi

Thanks Wakkas and sorry for posting on the wrong thread. Thought the E-3 thread had moved here since it got too long.

MrBurns1980

Hi Wakkas,

It would be very helpful to everyone if you found out the exact strategy your company is going follow with regards to this. Please let us know if you found out anything else. I dont quite understand how you can have the H1 as backup and go ahead with your 485 filing while on E3.