amitbhambri

Hi All,

I am Australian Citizen working on E3 Visa in USA for last 2.5 Yrs. I was born in India. I am looking for a Imigrant Visa Or Green Card that will allow me to permamnetly stay in USA.

So far my research have given me following information;

1) Green Card is given based on your Country Of Birth not Citizenship.
2) There is a High Possibility that my application for Green Card will be rejected if i apply which i am on E3 Visa.
3) I should go on H1 Visa and then apply for Green Card.

Please advise what process should i take.

Thankyou for your response in advance.

Amit

Noorah101

This is true if you are applying for an Immigrant Visa via the DV Lottery.

Rene

Silverdragon102

Which category for GC will you be looking to applying under? Is your employer willing to go through the process with you? You will be affected with country of birth being India unless EB1 which for India is current

JAJ

It is also true for employment based green cards, although normally it's possible to select chargeability to spouse's country of birth.

fld

1) Yes.
2) Your question is a little confusing. However, from what I understand the following is what I think: Your GC application would not be rejected based on ground that your current visa being E-3. There has been a lot of discussions on this topic. My work colleague's I-140 has just been rejected when he was on H1-B.
3) Personally, in general, this might not be needed. But if one's concerned about the 2-year E-3 renewal time frame and the GC wait time, s/he may change to H1-B. It also depends on the EB category under which that person is applying. I think I some time ago read a (USCIS?) memorandum posted by a BE member, which discussed about applying for GC while on E-3 not being a ground for E-3 renewal rejection. Please also take into consideration of the H1-B leftovers for this year; that was not without a reason.