E3 to GC
#91
Just Joined
Joined: Jul 2007
Posts: 2
Re: E3 to GC
I had my medicals done today so will send the sealed envelops to my attorney by end of the week to start my I-140 and I-485
I was told not to travel for 4 months after my process starts.. till i get payroll...
so delay ur aussie trip or do it ASAP.. why u want e3 now? ur date is current.. its just a wait now
I was told not to travel for 4 months after my process starts.. till i get payroll...
so delay ur aussie trip or do it ASAP.. why u want e3 now? ur date is current.. its just a wait now
I am new on this forum. Can you please advice me how to get to a good attorney who can help me get a green card from E3
#92
Forum Regular
Thread Starter
Joined: Dec 2005
Location: Snoqualmie, WA, USA
Posts: 215
Re: E3 to GC
My company lawyers did apply for H1b for me because they thought E3 to GC is not possible. my H1B was approved but i didnt activate it, meaning that i am still on E3 and my wife has her EAD. I did contact US consulate in Sydney and posted their reply to this forum. According to them there is no issue getting employer based GC. My lawyers did file my LC and I485 etc with my visa status as E3 and they are now processing GC for E3 ppl without switching them to H1b. Sorry i dont have any list of lawyers that are good with E3 to GC. but there are ppl on this forum who got GC while on E3. they are your best bet to fix the issue.
You can email US consulate with the question and give your employer or employer's legal the response and make them aware that tehre is no need to switch you to H1B (which you cannot do soon). and you can get GC while on E3
good luck
Wakkas
#94
Forum Regular
Joined: Sep 2006
Posts: 68
Re: E3 to GC
She told me it was a very simple process, since she is in senior management, she was in EB1C category, her company legal prepared all the documents and filed concurrent I140/I1485 for her. 2 weeks after filing, she had biometrics appointment, then after 6-8 weeks she got her EAD card and Advance Parole document,then July 8 she received her GC.
that is amazing. Thanks for sharing info.
#95
Forum Regular
Joined: Mar 2007
Posts: 52
Re: E3 to GC
In my case my company gave me the option to choose an attorney experienced with E3 visas. I did my H1-B to E3 change of status and change of employer on E3 with them and they did a great job. PM or email me if you'd like their contact details. Cheers!
#96
Just Joined
Joined: Jul 2007
Posts: 2
Re: E3 to GC
SO are you on E3 or have you got your green card?
#97
Just Joined
Joined: Jul 2007
Posts: 4
Re: E3 to GC
Hello MrBurns1980,
Can I also please have the attorney's contact details who can help me to get green card from E3.
Thanks in advance.
Can I also please have the attorney's contact details who can help me to get green card from E3.
Thanks in advance.
#99
Forum Regular
Joined: Feb 2006
Posts: 66
Re: E3 to GC
Hi,
Can you please let us know whether your cousin who got GC from E3 was born in Australia? Also, E3 is only about 2 years old, so was she on H1 when she applied for the initial stages of GC?
If you search this forum, I read some time ago about a case where a guy who was working for Oracle on E3, had applied for GC via Oracle immigration department and he not only got rejected but was asked to go back to Australia for violating the E3 rules.
The only other case that I am aware of where the person got GC while on E3 had actually filed for GC while on H1. The problem with this process is that if you are born in a country, like China or India, which are subject to huge backlogs for GC processing then it may take an average of 5 years to get the GC approval. The biggest advantage of E3 is for married people where spouse is allowed to work. Apart from that, E3 can create more stress than H1 since you have to apply for extension every 2 years (actually make it every 1.8 years because you need to give USCIS atleast 3 months processing time for extension).
Anyone who wants to apply for GC while on E3 must be very cautious in my view. If however, anyone in this forum has managed to get GC while on E3 then it would be very valuable to all E3 holders if you can kindly post your experiences and the process.
Has anyone been able to get E3 renewal yet? I think the biggest problem for those without strong links to Australia is to show proof of ties to Australia. I have professional memberships in Australia and am not sure if this will be seen as a link/tie to Australia.
Thanks to everyone who are posting their expereinces. We are a very small group of visa holders compared to other types and please continue to post your experiences so that everyone can benefit from it.
Can you please let us know whether your cousin who got GC from E3 was born in Australia? Also, E3 is only about 2 years old, so was she on H1 when she applied for the initial stages of GC?
If you search this forum, I read some time ago about a case where a guy who was working for Oracle on E3, had applied for GC via Oracle immigration department and he not only got rejected but was asked to go back to Australia for violating the E3 rules.
The only other case that I am aware of where the person got GC while on E3 had actually filed for GC while on H1. The problem with this process is that if you are born in a country, like China or India, which are subject to huge backlogs for GC processing then it may take an average of 5 years to get the GC approval. The biggest advantage of E3 is for married people where spouse is allowed to work. Apart from that, E3 can create more stress than H1 since you have to apply for extension every 2 years (actually make it every 1.8 years because you need to give USCIS atleast 3 months processing time for extension).
Anyone who wants to apply for GC while on E3 must be very cautious in my view. If however, anyone in this forum has managed to get GC while on E3 then it would be very valuable to all E3 holders if you can kindly post your experiences and the process.
Has anyone been able to get E3 renewal yet? I think the biggest problem for those without strong links to Australia is to show proof of ties to Australia. I have professional memberships in Australia and am not sure if this will be seen as a link/tie to Australia.
Thanks to everyone who are posting their expereinces. We are a very small group of visa holders compared to other types and please continue to post your experiences so that everyone can benefit from it.
#100
Forum Regular
Joined: Feb 2006
Posts: 66
E3 to GC, Attorney
Hi everyone,
Has anyone heard of Murthy law firm in Maryland. A friend of mine had told me that they are a very good firm and deal with lot of GC and all other visa cases. I checked their website (murthy.com) and according to that they seem to be very professional, they also have a forum with lot of good info.
However, i am wondering if anyone in this forum used their services for GC processing. If you have, please post your experiences. Also, can ppl who got their GC while on E3 please post the details of the law firm they used to get their GC. It must be a very tricky process since E3 is not dual intent but, i guess a good attorney can probably do anything here. Thanks.
I
Has anyone heard of Murthy law firm in Maryland. A friend of mine had told me that they are a very good firm and deal with lot of GC and all other visa cases. I checked their website (murthy.com) and according to that they seem to be very professional, they also have a forum with lot of good info.
However, i am wondering if anyone in this forum used their services for GC processing. If you have, please post your experiences. Also, can ppl who got their GC while on E3 please post the details of the law firm they used to get their GC. It must be a very tricky process since E3 is not dual intent but, i guess a good attorney can probably do anything here. Thanks.
I
#101
Forum Regular
Thread Starter
Joined: Dec 2005
Location: Snoqualmie, WA, USA
Posts: 215
Re: E3 to GC
Hi,
Can you please let us know whether your cousin who got GC from E3 was born in Australia? Also, E3 is only about 2 years old, so was she on H1 when she applied for the initial stages of GC?
If you search this forum, I read some time ago about a case where a guy who was working for Oracle on E3, had applied for GC via Oracle immigration department and he not only got rejected but was asked to go back to Australia for violating the E3 rules.
The only other case that I am aware of where the person got GC while on E3 had actually filed for GC while on H1. The problem with this process is that if you are born in a country, like China or India, which are subject to huge backlogs for GC processing then it may take an average of 5 years to get the GC approval. The biggest advantage of E3 is for married people where spouse is allowed to work. Apart from that, E3 can create more stress than H1 since you have to apply for extension every 2 years (actually make it every 1.8 years because you need to give USCIS atleast 3 months processing time for extension).
Anyone who wants to apply for GC while on E3 must be very cautious in my view. If however, anyone in this forum has managed to get GC while on E3 then it would be very valuable to all E3 holders if you can kindly post your experiences and the process.
Has anyone been able to get E3 renewal yet? I think the biggest problem for those without strong links to Australia is to show proof of ties to Australia. I have professional memberships in Australia and am not sure if this will be seen as a link/tie to Australia.
Thanks to everyone who are posting their expereinces. We are a very small group of visa holders compared to other types and please continue to post your experiences so that everyone can benefit from it.
Can you please let us know whether your cousin who got GC from E3 was born in Australia? Also, E3 is only about 2 years old, so was she on H1 when she applied for the initial stages of GC?
If you search this forum, I read some time ago about a case where a guy who was working for Oracle on E3, had applied for GC via Oracle immigration department and he not only got rejected but was asked to go back to Australia for violating the E3 rules.
The only other case that I am aware of where the person got GC while on E3 had actually filed for GC while on H1. The problem with this process is that if you are born in a country, like China or India, which are subject to huge backlogs for GC processing then it may take an average of 5 years to get the GC approval. The biggest advantage of E3 is for married people where spouse is allowed to work. Apart from that, E3 can create more stress than H1 since you have to apply for extension every 2 years (actually make it every 1.8 years because you need to give USCIS atleast 3 months processing time for extension).
Anyone who wants to apply for GC while on E3 must be very cautious in my view. If however, anyone in this forum has managed to get GC while on E3 then it would be very valuable to all E3 holders if you can kindly post your experiences and the process.
Has anyone been able to get E3 renewal yet? I think the biggest problem for those without strong links to Australia is to show proof of ties to Australia. I have professional memberships in Australia and am not sure if this will be seen as a link/tie to Australia.
Thanks to everyone who are posting their expereinces. We are a very small group of visa holders compared to other types and please continue to post your experiences so that everyone can benefit from it.
Well my GC was applied while i am on E3 and i got my EAD card and also y I140 is approved.. also applying for GC from E3 is not an issue. i also posted an email from US consulate in sydney stating that E3 holder can get Employer based GC without any issue. so E3 does not have any issues and is way better than H1 in many senses.
best of luck to others
#102
Forum Regular
Thread Starter
Joined: Dec 2005
Location: Snoqualmie, WA, USA
Posts: 215
Re: E3 to GC, Attorney
Hi everyone,
Has anyone heard of Murthy law firm in Maryland. A friend of mine had told me that they are a very good firm and deal with lot of GC and all other visa cases. I checked their website (murthy.com) and according to that they seem to be very professional, they also have a forum with lot of good info.
However, i am wondering if anyone in this forum used their services for GC processing. If you have, please post your experiences. Also, can ppl who got their GC while on E3 please post the details of the law firm they used to get their GC. It must be a very tricky process since E3 is not dual intent but, i guess a good attorney can probably do anything here. Thanks.
I
Has anyone heard of Murthy law firm in Maryland. A friend of mine had told me that they are a very good firm and deal with lot of GC and all other visa cases. I checked their website (murthy.com) and according to that they seem to be very professional, they also have a forum with lot of good info.
However, i am wondering if anyone in this forum used their services for GC processing. If you have, please post your experiences. Also, can ppl who got their GC while on E3 please post the details of the law firm they used to get their GC. It must be a very tricky process since E3 is not dual intent but, i guess a good attorney can probably do anything here. Thanks.
I
My company lawyers applied my GC
Wakkas
#103
Forum Regular
Joined: Feb 2006
Posts: 66
E3 to GC, News flash!
Hi Everyone,
I called the USCIS 1 800 number to get some info about the eligibility to apply for GC while in E3 status. Here's what the person told me:
Person cannot apply for a change of status to Green Card while on the E3 visa. She said that it is the same as E1 and E2 categories where the law clearly says that you cannot apply for GC. She also read out something along the lines of....if a person has filed petition for permanent labor certification (am assuming its the LC) then that person will be ineligible for an extension of the E3 visa.
So, in my view anyone who wishes to pursue GC while on E3 has to proceed with extreme caution since you may be risking not extending you E3 if you do not get I-485 approved by the time your visa expires.
Also, upon asking, she said that GC is processed based on country of birth and NOT by country of citizenship. I knew this already but just wanted to ask anyway and wasnt surprised.
I think people who are not born in one of the countries that has a huge waiting list for GC approval (India and China) will definetly be risking losing their E3 if they apply for GC because there is no way priority dates will become current anytime soon again as they did in July. They may take another 5-6 years to do this again. Thus, your best bet would be to stay on E3 and hope that it will get extended when you apply for it every 1.9yrs!
Others for whom the priority dates are current may still be able to apply for GC and get away with it because it is likely that you will get GC approved within the 2 years while you are on E3 and thus there will be no need for extension.
So good luck to those born in countries other than China, Mexico, India or other countries for whom the priority dates are not current and unlikely to be current for several years.
The best bet to get GC for people born in China, Phillipines etc is to change to H1 and then apply for GC. I am not sure whether you will be able to switch back to E3 even though you applied for GC while in H1 status because USCIS may have your file and can clearly see that your case does not fit the E3 eligibility criteria i.e. requirement to return to Australia/cannot apply for GC.
I think the biggest advantage of E3 is for spouse and also the quota of 10500, which is unlikely to be filled every year. However, I think although the law says that it is extendable indefinetly every 2 years, it soley depends on the officer looking at your case...thus 6yrs down the track, they may decide that you do not intend to return to Australia especially if you do not show strong evidence of links to Aussie.
I called the USCIS 1 800 number to get some info about the eligibility to apply for GC while in E3 status. Here's what the person told me:
Person cannot apply for a change of status to Green Card while on the E3 visa. She said that it is the same as E1 and E2 categories where the law clearly says that you cannot apply for GC. She also read out something along the lines of....if a person has filed petition for permanent labor certification (am assuming its the LC) then that person will be ineligible for an extension of the E3 visa.
So, in my view anyone who wishes to pursue GC while on E3 has to proceed with extreme caution since you may be risking not extending you E3 if you do not get I-485 approved by the time your visa expires.
Also, upon asking, she said that GC is processed based on country of birth and NOT by country of citizenship. I knew this already but just wanted to ask anyway and wasnt surprised.
I think people who are not born in one of the countries that has a huge waiting list for GC approval (India and China) will definetly be risking losing their E3 if they apply for GC because there is no way priority dates will become current anytime soon again as they did in July. They may take another 5-6 years to do this again. Thus, your best bet would be to stay on E3 and hope that it will get extended when you apply for it every 1.9yrs!
Others for whom the priority dates are current may still be able to apply for GC and get away with it because it is likely that you will get GC approved within the 2 years while you are on E3 and thus there will be no need for extension.
So good luck to those born in countries other than China, Mexico, India or other countries for whom the priority dates are not current and unlikely to be current for several years.
The best bet to get GC for people born in China, Phillipines etc is to change to H1 and then apply for GC. I am not sure whether you will be able to switch back to E3 even though you applied for GC while in H1 status because USCIS may have your file and can clearly see that your case does not fit the E3 eligibility criteria i.e. requirement to return to Australia/cannot apply for GC.
I think the biggest advantage of E3 is for spouse and also the quota of 10500, which is unlikely to be filled every year. However, I think although the law says that it is extendable indefinetly every 2 years, it soley depends on the officer looking at your case...thus 6yrs down the track, they may decide that you do not intend to return to Australia especially if you do not show strong evidence of links to Aussie.
#104
Forum Regular
Thread Starter
Joined: Dec 2005
Location: Snoqualmie, WA, USA
Posts: 215
Re: E3 to GC
Well i repost the reply i got from US consulate sydney.
Originally Posted by 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)
I believe them more because the fact when we moved here even Social Security office didnt knew fully about E3 visas and the people you talk to on phone with USCIS are not LAWYERS
my I485 and I140 got approved and the visa status on the forms is E3. so i am having no issue getting GC based on E3
Wakkas
---------- 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
==============
Originally Posted by 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)
I believe them more because the fact when we moved here even Social Security office didnt knew fully about E3 visas and the people you talk to on phone with USCIS are not LAWYERS
my I485 and I140 got approved and the visa status on the forms is E3. so i am having no issue getting GC based on E3
Wakkas
---------- 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
==============
#105
Forum Regular
Joined: Dec 2005
Posts: 184
Re: E3 to GC
Hi,
Can you please let us know whether your cousin who got GC from E3 was born in Australia? Also, E3 is only about 2 years old, so was she on H1 when she applied for the initial stages of GC?
If you search this forum, I read some time ago about a case where a guy who was working for Oracle on E3, had applied for GC via Oracle immigration department and he not only got rejected but was asked to go back to Australia for violating the E3 rules.
The only other case that I am aware of where the person got GC while on E3 had actually filed for GC while on H1. The problem with this process is that if you are born in a country, like China or India, which are subject to huge backlogs for GC processing then it may take an average of 5 years to get the GC approval. The biggest advantage of E3 is for married people where spouse is allowed to work. Apart from that, E3 can create more stress than H1 since you have to apply for extension every 2 years (actually make it every 1.8 years because you need to give USCIS atleast 3 months processing time for extension).
Anyone who wants to apply for GC while on E3 must be very cautious in my view. If however, anyone in this forum has managed to get GC while on E3 then it would be very valuable to all E3 holders if you can kindly post your experiences and the process.
Has anyone been able to get E3 renewal yet? I think the biggest problem for those without strong links to Australia is to show proof of ties to Australia. I have professional memberships in Australia and am not sure if this will be seen as a link/tie to Australia.
Thanks to everyone who are posting their expereinces. We are a very small group of visa holders compared to other types and please continue to post your experiences so that everyone can benefit from it.
Can you please let us know whether your cousin who got GC from E3 was born in Australia? Also, E3 is only about 2 years old, so was she on H1 when she applied for the initial stages of GC?
If you search this forum, I read some time ago about a case where a guy who was working for Oracle on E3, had applied for GC via Oracle immigration department and he not only got rejected but was asked to go back to Australia for violating the E3 rules.
The only other case that I am aware of where the person got GC while on E3 had actually filed for GC while on H1. The problem with this process is that if you are born in a country, like China or India, which are subject to huge backlogs for GC processing then it may take an average of 5 years to get the GC approval. The biggest advantage of E3 is for married people where spouse is allowed to work. Apart from that, E3 can create more stress than H1 since you have to apply for extension every 2 years (actually make it every 1.8 years because you need to give USCIS atleast 3 months processing time for extension).
Anyone who wants to apply for GC while on E3 must be very cautious in my view. If however, anyone in this forum has managed to get GC while on E3 then it would be very valuable to all E3 holders if you can kindly post your experiences and the process.
Has anyone been able to get E3 renewal yet? I think the biggest problem for those without strong links to Australia is to show proof of ties to Australia. I have professional memberships in Australia and am not sure if this will be seen as a link/tie to Australia.
Thanks to everyone who are posting their expereinces. We are a very small group of visa holders compared to other types and please continue to post your experiences so that everyone can benefit from it.