ian-mstm

I absolutely agree!


It was sufficient to get you a job, but that's not the same as rendering you qualified to work in advertising... unless you're advertising Italian art - if you see what I mean!


I think you're right... it'll be a hard sell, which is why it's very important to connect the dots. That is to say, make sure that every course you've taken has a direct bearing on the job you now have... and spell it out so that the interviewing officer has a clear picture that your degree does, in fact, enhance your job! Your job is to make it as easy as possible for the officer to say "yes, your visa is approved". Don't make him guess or force him to work out the connections himself.

Ian

Dpaks

Hi All,
I need some advise please, myself and kids are on E3 & E3D respectively and the missus is on her own E3 (to avoid the hassle of EAD). I have had my E3 since 2007 and every year my employer keeps asking if I wanted to move to H1 and I have been resisting mostly because I want to go back to Aus and E3 gave me the flexibility to extend indefinitely.

However this year my HR/Immi folks are saying that they highly recommend I move to H1 (and apply for GC ... rationale being to avoid having to keep doing this as GC would still let me decide when I want to go back) as E3 is considered "short term" and there is a potential for rejection when I have to extend.
My confusion is should I go the H1 route(along with the kids) if I move to H1 and apply for GC
1. Does this force my wife to get off her E3 and become a H4 (which means she cant work)?
2. If I do apply for H1 (and GC) but decide I want to go back and use E3 at some point later does that confuse my intent to return?
3. Have any/many of you had the E3 for a while? longer than 7 years?

I am fairly certainly I read somewhere that E3 can be renewed indefinitely but I cant seem to find it now ! is this still the case?

Thanks in advance !

Thank you,
Regards,
Deepak

zenjabba

1. If she has her own E3 visa then I cannot see any reason for her to become a H4 as she can be working/living here on her own. The kids can get derivative status from your wife to stay on E3D

2. My wife is currently going through the GC process whilst on E3 visa, and it's completely doable with just a few small sticky points with AP if you want to leave the country. Our lawyers didn't see any problem doing a GC on a E3 visa as long as we followed the rules for entry on AP rather than our E3 visa.

3. Long Long time, and no problems

4. http://canberra.usembassy.gov/e3visa/change_renew.html, First subsection

Your welcome

ian-mstm

Why don't they just start the process while you're in E-3 status. AFAIK, there's nothing that prevents you from going from E-3 to GC.

Ian

Dpaks

Hi Ian/Zenjabba,
The email I got from HR/Immi indicated that E3 is single intent and thus not eligible for GC directly so they want to get the H1 then do GC which I am not too concerned about but I am wondering if it is a good idea to go H1->GC at all or just stick to E3 which gives me the flexibility to stay as long as I want (in 2 year increments). Since I do have an intent to go back to Aus, I am thinking if by doing this H1->GC I will be jeopardising any E3 down the line. The note from Immi seems to indicate that E3 is meant to be short term and since I have done this renewal/extension thrice now I might be at a risk of being rejected for further extensions ... .... or atleast that is the way I read it.

Also, if I go the H1 route do you know if there is a USCIS waiting period before they can initiate the GC?

Thank you,
Regards,
Deepak

zenjabba

I bring your attention to http://www.uscis.gov/USCIS/Laws/Memo...dnc_121505.pdf, in regards to the number of times you can renew and also in the same document the following section

"...an E-3 nonimmigrant shall maintain an intention to depart the United States upon the expiration of termination of E status. An application for initial admission, change of status or extension of stay in E-3 classification, however, 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."

Also I bring your attention to this http://www.limaechoecho.com/2012/11/...reen-card.html, in regards to the process somebody went through for E3 to GC, including the slightly tricky part about AP and EAD which could trip you up.

ian-mstm

Not only are they wrong, it seems they don't fully understand the concept of dual intent. Tell them this: Just because a visa is not specifically dual intent, it does not follow that dual intent is specifically prohibited. Push them on this, because it will be a real time saver for all of you. Not only is an E-3 to GC possible, it's fairly common!

Ian

fair_dincum

I suggest you also consider the tax implications of having the GC if you intend to return to Aus. I believe having the GC will require you to lodge tax return in the US no matter where you live. You'd have to surrender it to avoid the hassle of doing it every year.

e3geek

Yes, you need to lodge tax returns but not necessarily have to pay it because of the tax treaty between Aus and US. You would pay the tax in Aus and get credits against that in the US.

augigi

I don't think you'll have any issues. I have only seen people ask for the job offer letter and the LCA. I don't think they give a crap about the relationship btw degree and job as long as you have one. Noone has ever asked to see my degree/transcript at E3 interview, and I've had 5.

Bootle

They are much stricter now. I have had two friends recently who both had their E-3s applications rejected on the basis that there was insufficient nexus between their degree and their LCA. Unless it is for a professional position, such as accounting, law, etc. they have been much tougher.

E3only

Hi,

If it helps - I am on E-3 and our attorney had no issues going E-3 to GC. I am not done with the process but have an approved 140.

fair_dincum

Yes, but not everything is covered by the treaty. For example, capital gains in superannuation accounts. By US laws they are just like a regular bank account and thus must be included in 1040 and are taxed even though you won't get them until you retire.

e3geek

Hi, that would be a disappointment if that is happening. The US has there own 401K accounts as well which are tax free so they should be able to understand these account types.

If what you are saying is right then everyone working in the US on an E3 must be paying tax on there superannuation in the US.

docnetau

You should be asked about your degree at every interview - it's one of the standard questions they ask (E-3R might be the exception).

The fact they don't ask to actually see the degree itself isn't relevant unless you're planning to lie...