ian-mstm

I'll say again what I've said many times before... just because a visa does not specifically allow for dual intent, it does not mean that dual intent is specifically prohibited.


Again, just because a visa does not specifically allow for dual intent, it does not mean that dual intent is specifically prohibited.

Ian

nani

True and there is a POE document that does mention that specifically for E3 also. But that can also be the basis to deny an extension if they decide to adhere to one of the basic laws of E3, which is to show intent to leave upon end of your work or visa.

So anyone who applies for GC while in E3 status needs to take that into consideration too.

aussie365

Thanks for the answers!
I can go over more relaxed now.

Cheers..

fair_dincum

Are you aware of the facts or are you just speculating? I'll quote wikipedia:

nani

Go back and read my posts, I did mention that there is a POE document stating the same thing you quote from Wikipedia, which by the way ain't always the best source of accurate info.

However, just because that document exists does not mean that they cannot deny your extension and most definitely can deny you a visa if you apply at a consulate instead of uscis. Welcome to the messy immigration system of the USA!!

kriggles33

I agree.......however it also depends on the employment based category you will be applying for...if you have a masters degree or higher- employment based visas are CURRENT so less that two years you will receive your green card.

kriggles33

Hello guys,

I hope you can help me with my question/s. Does anyone know how to go about obtaining a
concurrent E-3 visa? (2 E-3 visas at a time)

I currently have an existing E-3 visa working as a full-time (40 hours /week) Occupational Therapist in one company. Another company is willing to sponsor me another E-3 visa for approximately 15-20 hours per week.

My existing E-3 visa will expire on Feb 14, 2013. MY questions:

1. Should I get the other part-time job/ company to do another LCA/ letter of offer? If so, what would I do
when I get the LCA/ letter of offer.
2. Should I go personally to one of the immigration offices here in Los Angeles to apply for another visa label?
3. Should I get a lawyer to do this for me? I was thinking of doing this myself due to cost reasons.
4. I was advised to for the prospective part-time employer to also fill up form I -129. If so, Im wondering what
the next step would be after this (if this step is required).
5. I was also thinking of avoiding to use the word "sponsor" as E-3 visas do not require a petition
done through DHS (Department of Homeland Security).

Thanks in advance for your replies.

nani

If you were not born in Aus and were born in places like China, Mexico, India, etc that have a wait-list for GC, you will not receive GC within 2 years. What you are talking about is EB2 but EB2 also has a wait-list of about 6-8 years, more for EB3.

EB1 is the only category that is current for all countries of chargeability but it is only for people who are at the top of their field, PhD with loads of publications, national or international acclaim through their work, letters from peers in the field, etc

nani

So you want to work 55-60 hours/week?? It is possible to get another E3 and your other employer needs to file LCA and another E3 (I-129) through USCIS or you can go to Canada. But I am not sure how they would view your 55-60 hr work week!

By the way, is your full time employer ok with your intent to work part-time for another employer? There could be a non-compete clause in your contract. You need to check with your employer.

froberts2

Anyone had an LCA application occur over a public holiday? Did the public holiday count against the normal 7 days it takes for the LCA to be approved?

I had a new one go in last week - trying to work out if I should expect to get the approval back after 7 days or 8 days (ie, 5 business days)

E3only

If 24 hour going to make or break the deal?

froberts2

It's actually 72 hours as it's the difference between Friday and Monday.

Is it make or break? No. Does it allow me to possibly lock in an appointment for an earlier date with a little higher confidence that the LCA will be ready by that date? Yes!

kriggles33

Thanks for your prompt reply. I have reviewed my signed contract. it says:

"YOur employment at _____ is based on mutual consent. _____ is an at-will employer, which means your employment may be terminated at any time by you or _____, with or without cause or advanced notice. You are not hired for any specific term, duration, or pursuant to any contract of employment written or oral. You have the right to end your relationship with _____ at anytime or for any reason you deem appropriate, Similarly the employment of any employee can be terminated at the discretion of ____for any reason at any time"

Similarly that's what Occupational Therapists do here in the US, most of them/us have
part time jobs on top of their full time jobs given the high job shortage. I have checked
with my employer and they are fine with me working part time at another company.
They also pay me time-and-a-half per hour when I work extra/overtime at their other
facilities if need be.

I have a friend who is on concurrent H1-B visas- both full-time jobs which is 80 hours per week
working as an Occupational Therapist. If he can get one, I dont think there should be
any hiccups in me getting a concurrent E-3 since our application is much less hassle
as H1-B's, not to mention visa availabilities. Therefore USCIS may not question my 55-60 hours per week of working hours.

kriggles33

EB2 category for the Philippines is current at the moment (which is my country of birth), my employer is willing to sponsor me for a green card given I have a Masters degree- which is a minimum requirement for eligibility to take the national OT board exams prior to employment in the US as an Occupational Therapist. I was advised by the consulting lawyer that it will take roughly 1yr and 6 months approximately to be processed.

EB2 can also be based on 5 years progressive experience if one does not have a Masters degree.

gpot

Hello,

first of all thanks so much to all the people that make this forum happen. It's awesome! I can't believe I haven't stumbled upon it before.

I have a somewhat complicated question. I'm an Australian on an E3 visa. I did a masters degree here in the US and between my student visa and now my E3, have been here 6 years. I have a great job in film for a media company. Actually, it's almost too good. My boss has asked me if I'd like to start a production company with him and take on all our current clients as well as start bringing in new business.

So - my question is: can an Australian on an E3 visa own part of a company in the US? If I can, would I just get a new LCA from that company and transfer my E3 over? Or do I need a green card to even think about this? Given I have a higher degree from the US and am looking to start a company as an entrepreneur, I would think I have a couple of good options for a GC application, but that doesn't help me start a new business in the next few months.

Thanks in advance!