E3 to Green Card
#31
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: E3 to Green Card
Hi, I am on E-3 for almost 2 years now and thinking to apply for the green card. But our lawyer says I have to be transfered to H-1B if I want to apply for green card as E-3 is not a dual intent visa. They said if they file I-140 while I am on E-3, it is possible that the USCIS (or any US embassy) won't extend E-3 if I-140 is not approved within the valid term of your current E-3. Does someone has similar situation, and what can I do?
This is a common misconception -- which arises from the fact that it has been 19 years since the concept of TRUE "dual intent" was in issue.
The following is somewhat pedantic -- but one often has to be that way in immigration law.
"Dual Intent" was most often an issue in H-1 and L-1 cases. However, in November 1990, section 214(b) was amended to ELIMINATE "dual intent" as an issue for people seeking or in H-1b or L-1/2 status. Section 214(b) does not mention "E" visas.
However, there is a perception that 214(b) designates the H-1b and L-1 as "dual intent" visas. I disagree with this.
Part of the problem comes up with the "immigrant intent" provision in 214(b). People forget to look at the actual definition of "immigrant" found at section 101(b) -- ALL non-citizens unless they fall within one of the NON-immigrant classes.
For example, Queen Elizabeth is not a United States Citizen. Therefore, HRH is an "alien." She does not fit in anyone of the non-immigrant classification. Although she has no intention whatsoever of taking up residence in the United States, she is, by definition an "immigrant."
Take a look at the definition of "E" non-immigrant. Notably missing from that definition is any language requiring a home abroad with no intention of abandoning same.
Accordingly -- the "non-immigrant intent" is to comply with the "E" definition, which in the case of an "E" is perfectly consistent.
That said -- there are other issues involved -- but "dual intent" is not one really one of them. However, as noted above, the persistence of the misconception is amazing.
#32
Re: E3 to Green Card
When applying the I-485 it says to include the G-325A form. There are 4 forms with the G-325A, do I include all 4 (indentical) forms with the I-485?
And when another form tells me to add the G-325A (like the I-130) do I include all 4 again?
Thanks.
And when another form tells me to add the G-325A (like the I-130) do I include all 4 again?
Thanks.
#33
Re: E3 to Green Card
A G-325A is a single form, consisting of four carbon copies.***
Each page of the form is destined for a different office.
Of course, this predates computers and electronic files.
***Yes, technically a top copy and 3 carbons, but that is the way it is expressed.
Each page of the form is destined for a different office.
Of course, this predates computers and electronic files.
***Yes, technically a top copy and 3 carbons, but that is the way it is expressed.
#34
Re: E3 to Green Card
Andrew,
I failed to say that I am married to a US citizen (married 1 year) and will be processing through the family option. If I put the paperwork in now (by June 15th), stop my E3 job (June30th), and accept a new job (probably starting August 11th) will I be alright to stay in the US as I have started the GC application process?
I failed to say that I am married to a US citizen (married 1 year) and will be processing through the family option. If I put the paperwork in now (by June 15th), stop my E3 job (June30th), and accept a new job (probably starting August 11th) will I be alright to stay in the US as I have started the GC application process?
However, you may or may not have your EAD (which allows you to work) by August 11. It can take up to 90 days (or more if you run into problems) to get your EAD in hand, which you will need to start your new employment.
Rene
#35
Re: E3 to Green Card
You will be OK to stay in the USA as long as you've filed your AOS paperwork based on your marriage to a USC.
However, you may or may not have your EAD (which allows you to work) by August 11. It can take up to 90 days (or more if you run into problems) to get your EAD in hand, which you will need to start your new employment.
Rene
However, you may or may not have your EAD (which allows you to work) by August 11. It can take up to 90 days (or more if you run into problems) to get your EAD in hand, which you will need to start your new employment.
Rene
Rene, OK thanks. I am hoping that it comes quickly. I have about 60 days now. I will keep the board updated. Thanks
#36
Re: E3 to Green Card
Since you are now pursuing AOS based on marriage to a USC, might I suggest posting your questions relating to that, on the US Marriage-Based Visa Forum, instead of this thread on this forum, which is for general immigration, not specifically marriage-based.
Thanks!
Rene
Moderator
#37
Re: E3 to Green Card
Hi distance,
Since you are now pursuing AOS based on marriage to a USC, might I suggest posting your questions relating to that, on the US Marriage-Based Visa Forum, instead of this thread on this forum, which is for general immigration, not specifically marriage-based.
Thanks!
Rene
Moderator
Since you are now pursuing AOS based on marriage to a USC, might I suggest posting your questions relating to that, on the US Marriage-Based Visa Forum, instead of this thread on this forum, which is for general immigration, not specifically marriage-based.
Thanks!
Rene
Moderator
Yes thats not a problem. I suppose I was still under the impression that I am changing from the E3 visa to the GC and so this thread was suitable. No worries though. Thanks for all your help. This board is really great!
#38
Re: E3 to Green Card
Your Green Cards will all bleed the same color though.
#39
Forum Regular
Joined: Nov 2003
Posts: 230
Re: E3 to Green Card
4 identical G-325A s as part of 130 filing and 4 identical G-325A filings as part of 485 filing. USC spouse needs to include 4 G-325as for I-130 filing as well.
Regards,
Andrew M. Wilson, Esq.
Regards,
Andrew M. Wilson, Esq.
#41
Just Joined
Joined: Mar 2008
Posts: 15
Re: E3 to Green Card
If I apply for a GC via the DV lottery (and am unsuccessful), will any later applications for E3 be refused? I'm concerned that just by applying, there might be issues with conflicting intent.
Andrew Wilson, maybe you can help?
Andrew Wilson, maybe you can help?
#42
Just Joined
Thread Starter
Joined: Nov 2006
Posts: 18
Re: E3 to Green Card
Hi Andrew,
Can I travel overseas while my E3 is being renewed? I will be renewing my E3 in US which means i will apply sometime in Nov 08. My E3 expires in April 09 so i will apply 6 months before expiry within US.
So the question is can I travel in jan/feb overseas?
Can I travel overseas while my E3 is being renewed? I will be renewing my E3 in US which means i will apply sometime in Nov 08. My E3 expires in April 09 so i will apply 6 months before expiry within US.
So the question is can I travel in jan/feb overseas?
#43
Forum Regular
Joined: Nov 2003
Posts: 230
Re: E3 to Green Card
In general, an individual may travel while an E-3 extension request is pending as long as current E-3 is still valid.
Travel during a change of status request negates that change of status, but travel during extension request is generally fine as long as individual will return during validity of current E-3.
Regards,
Andrew M. Wilson, Esq.
Travel during a change of status request negates that change of status, but travel during extension request is generally fine as long as individual will return during validity of current E-3.
Regards,
Andrew M. Wilson, Esq.
#45
Just Joined
Joined: Mar 2008
Posts: 15
Re: E3 to Green Card
Hi Andrew, any advice on my post would be much appreciated (#41)