brook_girl

Hi,

Does anybody have experience of going from E-3 Visa to H-1B and wife E-3D(with EAD) to H4 and her own H1B?

The actual E-3 and E-3D visa labels are currently valid but our employer want to apply for H1B as this year they plenty of them are available.

We both tried our best to show employers the laws indication E-3 is a dual intent visa but the employer really want to apply for H1B.

Do we have to leave country to get our H1B?What is the best place (Australia,Bahamas etc.) for such classification change stamping?

What are the things we must be careful with when doing this change?

Do we have to again apply for new SSN's?

Employer A employer applied for my Labor Certification in October 2008 and the labor was approved in April 2009 (EB-2 category). My question is if Employer B will submit Labor Certification in coming months for green card (EB-3) then can I still use my old priority date of October 2008 under following law?

8 CFR 204.5 (e):

This section of the code of federal regulations stated: A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify.

In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), of (3) of the Act, the alien shall be entitled to the earliest priority date.


Thanks,

augigi

SSNs are for life, you don't apply for a new one.

ian-mstm

For a change of status (COS), you don't need to leave the US, but you will not have an actual H-1B visa - only the status of H-1B. This means you can work, but you are landlocked - since you can't travel (because you don't actually have an H-1B visa). If you leave the US for any reason, you must appear at a US consulate to get a visa in your passport.


What is "best" is what works for you. You can go anywhere outside the US with the caveat that a country does not have to process a visa for a 3rd country national if they don't want to.


No - your number is yours for life.


I believe you can, yes.

Ian

ozEcho

Bahamas wont process 3rd Country Nationals unless its a simple renewal (with no changes). If its change of employer, or change of visa type or a new visa, they declined.

meauxna

FYI, OP is an old troll and won't be back to discuss this with you.