Wakkas

i am not a lawyer and I cannot disclose the exact mail from my lawyer because she is the company lawyer.. she said something about applying for H1B and getting it approved and NOT activating it unless required, and I dont know how they will determine that now it is required, because she said that it might not needed to be activated at all and the USCIS might differ on E3 to GC and then they can say that I do have H1B approved.. i dont know..

Secondly i emailed sydney US consualte and asked them (as if i was about to apply for E-3 or H1b) about which visa will allow me a path to GC and their response was E3 also allow you to apply for GC (lottery, employment or family based) I will attach the email in seperate thread. So I dont know what happened to desperateE3.. he might want to contact the sydney consulate and get the same response and use that to re-assess his GC application.. hope all work out for everybody

Wakkas

Wakkas

FYI.. According to US consulate Sydney.. E3 can get GC... and the attachment he is referring to in the email below was just the E3 visa document (same E3 visa information on sydney US consulate website)

---------- Forwarded message ----------
From: AMVISA <[email protected]>
Date: Mar 20, 2007 10:09 PM
Subject: RE: E-3 or H1-b
To: Wakkas Rafiq <[email protected]>


Dear Wakkas,



Thank you for your reply.

An E-3 applicant may also be a beneficiary of any immigrant visa (IV) petition filed on his or her behalf – this is not limited to just the Diversity Lottery Program.

Regards,



AMVISA

U.S. Consulate General, Sydney



(am)




--------------------------------------------------------------------------------

From: Wakkas Rafiq [mailto:[email protected]]
Sent: Wednesday, March 21, 2007 11:38 AM
To: AMVISA
Subject: Re: E-3 or H1-b



Thanks for the reply



So you mean that an E-3 holder can only get green card via diversity lottery program. E-3 visa holder cannot apply for green card under EMPLOYMENT based category?

thanks in advance for clearing that out. You have been a great help



Wakkas


---------- Forwarded message ----------
From: AMVISA <[email protected]>
Date: Mar 20, 2007 4:14 PM
Subject: RE: E-3 or H1-b
To: Wakkas Rafiq <[email protected]>
Dear Wakkas,

Thank you for your recent inquiry regarding immigrant visas to the U.S.

There are three principal ways to immigrate to the United States are through a family relationship, through employment, or through investment. In all cases, the immigration process requires that a petition be filed on behalf of the migrant. The petition is usually filed in the United States through the Citizenship and Immigration Service ( U.S.C.I.S.) office having jurisdiction over the residence or employment area of the petitioner. After the petition is approved, it is forwarded to the Consulate or Embassy where the beneficiaries reside and where they will submit applications for their immigrant visas. The visas will allow them to enter the United States for permanent residence, which will be evidenced by a "green card" issued by U.S.C.I.S.

There are numerical limits for most categories of immigrant visas that can be issued in a year. Priority is based on the type of visa being applied for. The applicant's place of birth also affects the process, as there are limits to the number of visas that can be issued per country. This means that in some visa categories there are substantial waiting periods before an immigrant visa can be issued. A fourth way to immigrate is under the diversity lottery program, which randomly selects a certain number of applicants from certain countries once a year. For further information on this program, please refer to the Department of State website at www.travel.state.gov

An E-3 applicant may be a beneficiary of an immigrant visa (IV) petition filed on his or her behalf. For further information on the E-3 visa, please refer to the attached document and our website at http://sydney.usconsulate.gov/consular/niv.html


Regards,

AMVISA
U.S. Consulate General, Sydney

(am)

________________________________________
From: Wakkas Rafiq [mailto: [email protected]]
Sent: Friday, March 16, 2007 4:12 PM
To: AMVISA
Subject: E-3 or H1-b

I got a job offer in US and my employer want to apply for E-3.. I want to know if me and my wife like working there and our employer agree on filing employment baed green card.. can we go through that process while on E-3 and get a green card? or will it be a problem?

thanks for your reply

Wakkas

MrBurns1980

Thanks a lot Wakkas! That was very helpful. So looks liek they are talkign about consular processing too. Maybe this is the only way to get a GC while on E-3. I hope things become more clear in the future. My company will be filing for my PERM this month. Did you get your PERM cleared yet? How long did it take?

Blue1

Wakkas

I currently have an E3 pending at the Vermont processing center, I applied through a I129 (change of Status from L1). My attorney of record is saying that this application should be denied because I have an approved I140 (petition for permanent reresidency). Because of the back log of Immigration visa numbers in my cacategory (profession worker) I have to fill in around 18 months from when my L1 will expire and I can apply for the I485 and subsequent EAD.

Does this mean if this application is denied I could go back to Sydney and apply there and get my visa approved, in my attorney's opinion all other qualifications have been met and there is nothing else questionable I have been waiting 10 months for this application to be processed and nobody knows why. I have to do something soon

Thanks

Blue1

Blue1

I just had my E3 visa approved. I was on a L1 visa that was due to expire in 2 weeks. I have also an approved GC application (I140). My application for a I129 change of status took 10 months to get approved but finally after much stress it was approved. The issue of dual intent never came up, I don't know why it took so long to process but I was never asked about dual intent. I have about 18 months to wait for my immigration # to come up so I will have to decide whether to switch to another visa before I apply for the I485.

MrBurns1980

Congrats! Thats strange that it took 10 months. I would think it probably had something to do with your I140. I was approved for 2 E3's through I129 and both took only 20 days. In any case keep us updated. Thanks!

Blue1

MrBurns1980

After 4 months I got my local congresswomen involved and found my application in the wrong pile in Vermont. I was able to follow it after that and it spent 2 months in final processing and 1 1/2 months at the FBI for a back ground check and then it sat with the adjudicator for 1 month waiting final adjudication. They never once asked for information on my dual intent. I attached a copy of my I140 with my I129 so I wasn't trying to hide anything. Anyway it is all over now, my wife just has to get her EAD.

MrBurns1980

That's great information. I wasnt aware that the local congress person can be this helpful. And it's good to see that they approved it even with your I140 attached. I wonder if the delay was due to them seeking clarification on if an E3 visa can be approved with an approved I-140. In any case things are probably starting to get more clear even for USCIS with regards to E3 and GC.
Thanks!

Wakkas

Just to update. I got my LC approved last week and because my priority date is current based on EB-2 and Australia, so my company lawyers are in process of filing AOS. So after that i will hear if there is any issue for E3 ppl to get GC. will keep ppl updated.

So no on else has gone through the GC process while in E3?

Hoping for the best
have medical exams next week

Wakkas

MrBurns1980

Congrats Wakkas!! Good luck with the rest. I am EB2 as well but my country of chargability is India so will have to worry about the priority date. But then I have to get started on the GC process first

Wakkas

Well actually my country of birth is saudi arabia and citizen of pakistan and australia. so i was safe in all cases. fingers are crossed

good luck to you as well
Wakkas

Wakkas

By the way.. GC depends on the COUNTRY of BIRTH and not on citizenship.. like if you are indian but were born somewhere else then you are eligible according to the country that you were born in

Wakkas

MrBurns1980

Thats right..but this has gotta be the stupidest rule. I am not sure what exactly they are trying to accomplish by having this ancient rule in place

abboy

Its supposed to be a racial diversity thing but what makes of me then ? I was born in Asia(Singapore) with English parents, grew up in England , went to live in Australia for 10 years ,back to UK then back to Australia and now in America.

abboy

Congratulations, not sure if its true they said LC is the longest and most difficult part, my cousins in E-3 finished their biometrics already.