edwardssl

Just wanted to let everyone know that I received my welcome new resident notice from USCIS today. So Wakkas thanks again you were the inspiration to go forth and apply E3 to GC is possible.

Wakkas

Congratulations Mate!!!

This is great news

nikiAkl

Congrats mate! Well, being a British born Aussie makes all the difference. So now it is clear that you can get GC on E3 BUT if you are born in countries like India, China, etc that have HUGE backlongs (about 5-7 years), then you risk losing E3 when you go for visa extension.

So, get a H1B for spouse and then you can try your luck with E3 to GC. If rejected for E3 extension, become H4 to maintain status. Of course none of this applies to people who were not born in countries with huge backlogs like India and China.

Wakkas

As said before.. i know of cases where indian born got E3 extension while his GC was pending.. I think i did mention this in one of the threads before...

i will see if i can get one of them to join this forum and give some input
Wakkas

augigi

Congrats! I gather it was EB2 category?

nikiAkl

Hi wakkas,

Thanks. Yes you did mention it before. Will be good if someone born in China, India, Phillipines, etc who have huge waiting times for GC can join this forum, especially someone who has got E3 extension even with pending GC application.

augigi

I don't understand your logic at all.

How do you know being "British born Aussie" made any difference???

How is it "clear" that "if you are born in countries ... that have HUGE backlongs, then you risk losing E3 when you go for visa extension"???

As previously posted, USCIS have already come out with their own bulletin which states that pending immigrant petition is NOT a reason to deny an E3 extension.

Wakkas

I talked to the guy and he refused to take part on the online forums because the lawyers of our company dont allow him to comment on his case to any outside medium

Well, all i need to say is that, dont assume that extension will have issues and i know for proof where ppl got extensions.. my company was preparing for my extension too but before they could apply it, i got my GC. And my lawyers not a single time raise any concern about extension issues and they said that they had filed multiple successful extentions while GC is pending

thanks
Wakkas

edwardssl

Thank you for your well wishes guys
Yes the application was made in the E2 category.
I understand that this may not be the ideal route for applicants from countries with long waiting lists due to the extension issue and I cannot make any comment in regard to this as it did not apply to us.
I just wanted to highlight that if you are an E3 holder and do apply you can actually be approved.
All the best

boyfromoz

Hi there,
I am in US on E3 visa with my wife on E3D. We both are of indian origin.
Not sure if anybody has thought of this?
Is it possible for my wife's employer to apply for green card through employment? This is NOT based on the EAD she currently has, its a completly new application.

One of the main reasons I want to take this path is if we have any issues with this, she can go back to E3 Dependent.
Im not entirely sure if this plausible & wanted your opinion.

Thanks.

augigi

Of course, if she qualifies. Why wouldn't she be able to?

ian-mstm

I agree. If her company is willing to sponsor her for a primary visa (as opposed to a derivative visa) then they can also sponsor her (and you) for GCs.

Ian

boyfromoz

does that mean that she will have to get her own E3 or H1 before she will be eligible to apply for her GC and she is not eligible to apply for GC being a dependent!

thanks.

meauxna

Yes, she needs to have a primary basis of her own for the GC application.

augigi

If an employer wants to sponsor a work-related green card, they can. I don't know if you can change straight from a dependent visa -> GC or if she needs a primary visa first.

Why not just get primary E3 for her and then have them apply for GC?