E3 to GC
Jan 10th 2007, 4:17 am
#1
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E3 to GC
Starting a new thread... as this got lost last time too.. i am in same boat and my employer's lawyer, said that i have to apply for H1b this coming april and then they can start my GC process.. provided i dont leave US by october.. i should be fine to stay here..
I asked before about the E3 holders who said that GC is possible and if someone can guide us. IS there any E3 holder that went forward after getting labor certification (because the lawyer said to me that labor certification can be done while being on E3 but not further)
Wakkas
I asked before about the E3 holders who said that GC is possible and if someone can guide us. IS there any E3 holder that went forward after getting labor certification (because the lawyer said to me that labor certification can be done while being on E3 but not further)
Wakkas
Hi,
I would like to know if anyone else on E3 visa got their GC or in the process of getting it. I have found from my attorney that E3 is not dual intent, so legally cannot do adjustment of status (which is the third stage). So if anyone out there can tell me, for the third stage - we can go for consular interview. I am indian born Australian citizen, my permanent home is Australia. So will I still be considered as an indian..should I have to go to India although I hold australian passport.
Is counsular interview - a difficult stage. Should the priority date be current for that process or can we get this interview done once we get the second stage done. how long after the interview (if approved) will we get the GC.
Thanks in advance!
manasa
I would like to know if anyone else on E3 visa got their GC or in the process of getting it. I have found from my attorney that E3 is not dual intent, so legally cannot do adjustment of status (which is the third stage). So if anyone out there can tell me, for the third stage - we can go for consular interview. I am indian born Australian citizen, my permanent home is Australia. So will I still be considered as an indian..should I have to go to India although I hold australian passport.
Is counsular interview - a difficult stage. Should the priority date be current for that process or can we get this interview done once we get the second stage done. how long after the interview (if approved) will we get the GC.
Thanks in advance!
manasa
Jan 10th 2007, 4:20 am
#2
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Re: E3 to GC
My employer is applying mine after 1 year.. but i heard different ppl with different timelines
Wakkas
Wakkas
Jan 10th 2007, 9:13 am
#3
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Posts: 16,266
Re: E3 to GC
Starting a new thread... as this got lost last time too.. i am in same boat and my employer's lawyer, said that i have to apply for H1b this coming april and then they can start my GC process.. provided i dont leave US by october.. i should be fine to stay here..
I asked before about the E3 holders who said that GC is possible and if someone can guide us. IS there any E3 holder that went forward after getting labor certification (because the lawyer said to me that labor certification can be done while being on E3 but not further)
Wakkas
I asked before about the E3 holders who said that GC is possible and if someone can guide us. IS there any E3 holder that went forward after getting labor certification (because the lawyer said to me that labor certification can be done while being on E3 but not further)
Wakkas
My practice has moved away from employment based practice. Also, the E-3 visa is very new. Also, it is a "niche" visa in that its limited to Australian citizens. So the following is a matter of legal speculation and not to be considered advice in any way.
I was co-author of the first two editions of a legal handbook on the 1990 amendments to the Immigration & Nationality Act and authored the employment based part of the book. So I feel that I am in a position to address the relevant parts of this discussion ensconced in the 1990 Act.
Before 1990, there had been an evolving legal doctrine of "dual intent" on the area of starting the Immigrant Visa process [labor cert, I-140, adjustment]. It should be noted that, unlike most non-immigrant categories, the H-1 [before it had a "b"] and L-1 definitions had no requirement of a "home abroad" and lack of intention to abandon same.
This is ALSO true of the "E" categories. At the time, this was the E-1 and the E-2 category. This is now also true of the E-3 category [upon which the ink is barely dry in a legal sense].
Before the late 1970's, dual intent was not really an issue because immigration was pretty easy compared to later times. In fact, it was pretty common to often obtain an immigrant visa for temporary job assignments in the US! By the 1980's this had changed and hence the use of the H-1 as the fastest way to get a foreign employee to the US.
The legal "conventional wisdom" was to bring the alien over on the H-1 and then wait 60 days before starting the labor certificate process. This was ACCEPTED practice. However, as is often wont in immigration law, when something works to facilitate immigration, the inherent government immigration culture of "just say 'no'" will kick in and will perceive the practice as an "abuse."
Hence, the debate arose about "dual intent." The idea was that an alien could intend to comply with their "non-immigrant" intent while ALSO having an intent to POSSIBLY immigrating -- e.g. come to work on a job and if the immigrant process didn't pan out, leave. At one point in the debate, several immigration lawyers were CRIMINALLY INDICTED for immigration fraud for following the conventional wisdom. All such indictments were eventually quashed, but the damage had been done. It should be noted that one of the indictees was the incoming president of AILA.
To its credit, the former INS took the position that the criminal indictments were a step too far. By 1990, the concept of "dual intent" was becoming pretty much accepted by all parties.
So, in the 1990 Act -- Section 214(h) was passed -- this section provides a "safe harbor" for H-1 and L visas on the "dual intent." This "safe harbor" took the heat off the legal dispute and debate, so the issue became quite quiescant.
Now, on the new "E-3" category, the "safe harbor" provision of 214(h) was NOT changed to include the "E-3" category.
That said -- since 1990, the existing E-1 and E-2 categories have never been in the "safe harbor." However, the "214(b)" requirement has often been consider so attenuated that pre-1990 analysis was pretty much followed in allowing "E" visa holders to commence the immigration process.
BOTTOM LINE -- as you note, the immigration lawyer represents the employer. It is the employer who starts the immigration process. A very conservative legal analysis would be that an employer should not start the immigrant process for E-3 employees. However, it would also be a fair analysis that it CAN be done. However, there is yet to be any experience in the E-3 category.
Good luck.
Last edited by Folinskyinla; Jan 10th 2007 at 9:17 am.
Jan 10th 2007, 11:22 pm
#4
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Re: E3 to GC
Somewhere in the E3 thread, One member , "thething" has mentioned about changing E3 to GC . His application has been approved already.
Jan 11th 2007, 1:29 am
#5
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Re: E3 to GC
For those interested in the green card. I filed for my first E3 in July 2005, and a second concurrent E3 was filed and approved in August 2006. I filed for a green card in June 2006 and it was approved this week. 
The USCIS never challenged me as to dual intent status - so it is definitely possible to use the E3 as the path to a green card. Good luck to all of you.
The USCIS never challenged me as to dual intent status - so it is definitely possible to use the E3 as the path to a green card. Good luck to all of you.thanks for the help
Wakkas
Jan 12th 2007, 5:40 am
#6
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Re: E3 to GC
Response from thething:
The 'dual intent' issue with E3 hasn't been resolved by the USCIS in my attorneys opinion. Maybe the US is willing to cut Australians a break for the moment. I took a slight risk and was successful with my GC application. As I posted above, I switched to E3 in 2005 after seven years on H1, and successfully filed for and received a green card in 2006. I was on E status when the PERM/140/485 was filed.
One strategy to protect yourself against losing E3 status is to file a concurrent E3 for a part-time position. I took an active seat on the board of a company that I am a shareholder in and they filed an E3 for me. They paid me for a couple of hours worth of meeting time per month. As it turned out I never really needed that E3 to save me but it was worth it for peace of mind.
For Aussies living in the US, I can't stress how important it is to ensure that you make 100% sure your employer files for your green card now rather than waiting for later. Don't make the mistake of waiting even one month! I was offered a green card in 2000 but put it off due to bad legal advice. It took me another six years to get it eventually, plus much personal worry and the cost of missed opportunities due to work restrictions. At worst, if you end up not wanting to stay in the US, then you can throw your GC out and fly home. Your employer wasted some money on lawyers and you wasted a few hours at the USCIS. But if you do want to stay and you don't have a green card, then you are truly screwed because the E/H/L visa's all have their limitations. I only wish someone had given me this advice in 2000.
L visa's filing for GC's get it super easy as they don't need labor certification, so you really have no excuse except ignorance and laziness. The only possible downside of a green card AFAIK is long term tax issues and they don't cut in until you have lived in the US as a resident for eight years. The green card gives you and your family a load of options and security that H/L/E visa's cannot. You never know when the door to the US will slam shut. Immigration backlogs are getting worse all the time. Go for it!
Good luck.
Thing
One strategy to protect yourself against losing E3 status is to file a concurrent E3 for a part-time position. I took an active seat on the board of a company that I am a shareholder in and they filed an E3 for me. They paid me for a couple of hours worth of meeting time per month. As it turned out I never really needed that E3 to save me but it was worth it for peace of mind.
For Aussies living in the US, I can't stress how important it is to ensure that you make 100% sure your employer files for your green card now rather than waiting for later. Don't make the mistake of waiting even one month! I was offered a green card in 2000 but put it off due to bad legal advice. It took me another six years to get it eventually, plus much personal worry and the cost of missed opportunities due to work restrictions. At worst, if you end up not wanting to stay in the US, then you can throw your GC out and fly home. Your employer wasted some money on lawyers and you wasted a few hours at the USCIS. But if you do want to stay and you don't have a green card, then you are truly screwed because the E/H/L visa's all have their limitations. I only wish someone had given me this advice in 2000.
L visa's filing for GC's get it super easy as they don't need labor certification, so you really have no excuse except ignorance and laziness. The only possible downside of a green card AFAIK is long term tax issues and they don't cut in until you have lived in the US as a resident for eight years. The green card gives you and your family a load of options and security that H/L/E visa's cannot. You never know when the door to the US will slam shut. Immigration backlogs are getting worse all the time. Go for it!
Good luck.
Thing
Jan 14th 2007, 12:01 am
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Re: E3 to GC
Now, on the new "E-3" category, the "safe harbor" provision of 214(h) was NOT changed to include the "E-3" category.
That said -- since 1990, the existing E-1 and E-2 categories have never been in the "safe harbor." However, the "214(b)" requirement has often been consider so attenuated that pre-1990 analysis was pretty much followed in allowing "E" visa holders to commence the immigration process.
That said -- since 1990, the existing E-1 and E-2 categories have never been in the "safe harbor." However, the "214(b)" requirement has often been consider so attenuated that pre-1990 analysis was pretty much followed in allowing "E" visa holders to commence the immigration process.
Jan 14th 2007, 1:31 am
#8
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Re: E3 to GC
I did NOT say that. All I said is that "E" non-immigrants are not within the "safe harbor" of 214(h). Outside of that harbor, there are questions.
That said, I have E-1 and E-2 people adjust with no problem.
Jan 23rd 2007, 3:59 pm
#9
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Re: E3 to GC
Wakkas,
How is your E3 to GC progressing? Did the company lawyer still insist that you convert to H1B first before going to GC? What is the reason that you should not leave the country before October? When did you first arrive with your E3 visa?
I have heard from other people that their lawyer is working on their GC from
E3 now, will let you know if I have some updates.
How is your E3 to GC progressing? Did the company lawyer still insist that you convert to H1B first before going to GC? What is the reason that you should not leave the country before October? When did you first arrive with your E3 visa?
I have heard from other people that their lawyer is working on their GC from
E3 now, will let you know if I have some updates.
Jan 23rd 2007, 6:43 pm
#10
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Re: E3 to GC
Wakkas,
How is your E3 to GC progressing? Did the company lawyer still insist that you convert to H1B first before going to GC? What is the reason that you should not leave the country before October? When did you first arrive with your E3 visa?
I have heard from other people that their lawyer is working on their GC from
E3 now, will let you know if I have some updates.
How is your E3 to GC progressing? Did the company lawyer still insist that you convert to H1B first before going to GC? What is the reason that you should not leave the country before October? When did you first arrive with your E3 visa?
I have heard from other people that their lawyer is working on their GC from
E3 now, will let you know if I have some updates.
I came on E3 because of 2 reasons.. H1b was exhausted so microsoft wanted to go that way.. also my wife can work.. now she is pregnant and dont want to work.. so switching to H1B is not an issue..
I hope to hear from other ppl who are in process of GC...
Wakkas
Feb 7th 2007, 1:00 am
#11
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Re: E3 to GC
So no one is able to get GC processing done while in E3? i mean is there anyone there who was on E3 when the application was filed.. i know few who filed on H1b but transfered to E3 but there application gor approved.. i want to find out if anyone got it or in process of it while being in E3
Wakkas
Wakkas
Feb 14th 2007, 12:26 am
#12
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Posts: 3
Re: E3 to GC
Please I need help!! My employer went through my GC process while i was on E3 and said that there will be no problem. my LCA was approved without a problem but yesterday i got a rejection on my GC application stating that E3 does not allow to migrate permanently and that i have voilated my E3 status. I am not sure if my E3 visa is dumped or not??!!
am i legal or not??!! my employer is in process to find out as he was sent some documents and letters, I dont know if i will be allowed to continue on E3 or shift to H1b or i need to return to australia
this is so frustrating!!! someone referred me to this forum stating that someone got GC while on E3!!! plz if i can get a response that will be a great help
WHAT WILL I DO?
am i legal or not??!! my employer is in process to find out as he was sent some documents and letters, I dont know if i will be allowed to continue on E3 or shift to H1b or i need to return to australia
this is so frustrating!!! someone referred me to this forum stating that someone got GC while on E3!!! plz if i can get a response that will be a great help
WHAT WILL I DO?
Last edited by desperateE3; Feb 14th 2007 at 12:30 am.
Feb 14th 2007, 11:07 pm
#13
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Location: Snoqualmie, WA, USA
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Re: E3 to GC
Please I need help!! My employer went through my GC process while i was on E3 and said that there will be no problem. my LCA was approved without a problem but yesterday i got a rejection on my GC application stating that E3 does not allow to migrate permanently and that i have voilated my E3 status. I am not sure if my E3 visa is dumped or not??!!
am i legal or not??!! my employer is in process to find out as he was sent some documents and letters, I dont know if i will be allowed to continue on E3 or shift to H1b or i need to return to australia
this is so frustrating!!! someone referred me to this forum stating that someone got GC while on E3!!! plz if i can get a response that will be a great help
WHAT WILL I DO?
am i legal or not??!! my employer is in process to find out as he was sent some documents and letters, I dont know if i will be allowed to continue on E3 or shift to H1b or i need to return to australia
this is so frustrating!!! someone referred me to this forum stating that someone got GC while on E3!!! plz if i can get a response that will be a great help
WHAT WILL I DO?
Feb 15th 2007, 12:50 am
#14
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Joined: Dec 2005
Posts: 184
Re: E3 to GC
Please I need help!! My employer went through my GC process while i was on E3 and said that there will be no problem. my LCA was approved without a problem but yesterday i got a rejection on my GC application stating that E3 does not allow to migrate permanently and that i have voilated my E3 status. I am not sure if my E3 visa is dumped or not??!!
am i legal or not??!! my employer is in process to find out as he was sent some documents and letters, I dont know if i will be allowed to continue on E3 or shift to H1b or i need to return to australia
this is so frustrating!!! someone referred me to this forum stating that someone got GC while on E3!!! plz if i can get a response that will be a great help
WHAT WILL I DO?
am i legal or not??!! my employer is in process to find out as he was sent some documents and letters, I dont know if i will be allowed to continue on E3 or shift to H1b or i need to return to australia
this is so frustrating!!! someone referred me to this forum stating that someone got GC while on E3!!! plz if i can get a response that will be a great help
WHAT WILL I DO?
I dont understand your email , its very vague, which EB category did you file? did you file your I-140, I-485 concurrently? Was the I-485 denied? What is your lawyer view on this?
Maybe you can check with this sites for some view as well.
www.immihelp.com
www.immigrationportal.com
Feb 15th 2007, 4:02 am
#15
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Re: E3 to GC
Wakkas wrote on 02/14/07 16:07:
>> Please I need help!! My employer went through my GC process while i
>> was on E3 and said that there will be no problem. my LCA was approved
>> without a problem but yesterday i got a rejection on my GC
>> application stating that E3 does not allow to migrate permanently and
>> that i have voilated my E3 status. I am not sure if my E3 visa is
>> dumped or not??!!
>>
>> am i legal or not??!! my employer is in process to find out as he was
>> sent some documents and letters, I dont know if i will be allowed to
>> continue on E3 or shift to H1b or i need to return to australia
>>
>> this is so frustrating!!! someone referred me to this forum stating
>> that someone got GC while on E3!!! plz if i can get a response that
>> will be a great help
>>
>> WHAT WILL I DO?
>
> when did you apply? and what does the rejection say about your E3 visa..
> i couldnt get from your email.. are you saying that your E3 is revoked?
> this is scary.. any comments from others?
Quite frankly, the way the OP stated it is BS. A person doesn't violate his or
her status by having a GC application.
OTOH, if the person applied too soon after entering, there could be a
presumption of not being forthcoming about the immigration intent when entering,
which, if immigration intent is not allowed, indeed could be considered
immigration fraud and could end up in deportation.
The OP needs to see an immigration lawyer ASAP.
-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.
>> Please I need help!! My employer went through my GC process while i
>> was on E3 and said that there will be no problem. my LCA was approved
>> without a problem but yesterday i got a rejection on my GC
>> application stating that E3 does not allow to migrate permanently and
>> that i have voilated my E3 status. I am not sure if my E3 visa is
>> dumped or not??!!
>>
>> am i legal or not??!! my employer is in process to find out as he was
>> sent some documents and letters, I dont know if i will be allowed to
>> continue on E3 or shift to H1b or i need to return to australia
>>
>> this is so frustrating!!! someone referred me to this forum stating
>> that someone got GC while on E3!!! plz if i can get a response that
>> will be a great help
>>
>> WHAT WILL I DO?
>
> when did you apply? and what does the rejection say about your E3 visa..
> i couldnt get from your email.. are you saying that your E3 is revoked?
> this is scary.. any comments from others?
Quite frankly, the way the OP stated it is BS. A person doesn't violate his or
her status by having a GC application.
OTOH, if the person applied too soon after entering, there could be a
presumption of not being forthcoming about the immigration intent when entering,
which, if immigration intent is not allowed, indeed could be considered
immigration fraud and could end up in deportation.
The OP needs to see an immigration lawyer ASAP.
-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.