Applying for E3 with a pending Green Card... help!
#16
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Joined: Sep 2006
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Re: Applying for E3 with a pending Green Card... help!
Yes it is stated officially that a pending GC application is not a reason to deny an E-3 application.
"An E-3 nonimmigrant shall maintain an intention to depart the U.S. upon the expiration or termination of his or her E status. E-3 visas are not dual intent visas in the sense of H-1B visas and L-1 visas. However, an application for initial admission, change of status or extension of stay, may not be denied solely on the basis of an approved request for permanent labor certification or a filed or approved immigrant visa preference petition."
https://www.uscis.gov/sites/default/...grant_Empl.pdf
EDIT: I have never been asked to show ties to Australia. I have had 4 x E-3 visas over the past 10 years. I have been living in the US since 2008 and have had new E-3s or E3R's in Toronto, Perth and Melbourne. The only thing I've ever been asked for is the LCA. I've never even been asked for my license to practice my (healthcare) profession.
"An E-3 nonimmigrant shall maintain an intention to depart the U.S. upon the expiration or termination of his or her E status. E-3 visas are not dual intent visas in the sense of H-1B visas and L-1 visas. However, an application for initial admission, change of status or extension of stay, may not be denied solely on the basis of an approved request for permanent labor certification or a filed or approved immigrant visa preference petition."
https://www.uscis.gov/sites/default/...grant_Empl.pdf
EDIT: I have never been asked to show ties to Australia. I have had 4 x E-3 visas over the past 10 years. I have been living in the US since 2008 and have had new E-3s or E3R's in Toronto, Perth and Melbourne. The only thing I've ever been asked for is the LCA. I've never even been asked for my license to practice my (healthcare) profession.
Last edited by augigi; Apr 4th 2016 at 1:42 am. Reason: Added info