E3 to GC

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Oct 15th 2009, 3:17 am

#211

augigi

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Joined: Sep 2006

Posts: 1,966

Re: E3 to GC

What is EB1(2)? Is that EB1 or EB2?

Oct 15th 2009, 5:40 am

#212

fld

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Joined: Feb 2007

Posts: 53

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Re: E3 to GC

Quote:

Originally Posted by augigi

What is EB1(2)? Is that EB1 or EB2?

AFAICR, there are 3 subcategories for EB-1, being:

EB1(1): Extraordinary ability.
eb1(2): Outstanding Professors and Researchers.
EB1(3): Certain multinational executives and managers.

Oct 16th 2009, 4:59 am

#213

floridagirl

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Joined: Oct 2009

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Re: E3 to GC

Quote:

Originally Posted by Wakkas

I think ppl still prefer E3 because:
1. E3 is 2 year renewals (unlimited times) meaning that you never will come back to quota ever again.. where as H1b ppl after 6 years will come back to quota
2. if they have a spouse then E3D allows him/her to work.. where H4 is stuck

if you are single then you might not worry much but point 2 is very important egde over H1b even while in US

For the answer to GC and dual intent question is that.. you should read the whole post.. i did paste an actual reply from US consulate of sydney saying that empolyment based GC will not effect E3 status.

Employment based GC means that the company likes your work and want you to be here for extended period of time (not permanent) and employer dont want to apply visa again and again.. (this is how my lawyer explained to me).

2ndly facts dont lie.. i got my GC while on E3 without disturbing my E3 status.. i travelled and upon entering there was no issue.. and i know ppl who got renewals done as well while on E3.. and that is no issue either..

if you are still not comfortable after even seeing ppl go through then go for H1b ... but E3 is much better situation to be in than H1b even when in america.. it just depend on your situation.. it might not matter if you qualify under other countries and are single and dont care about regression.. but if you ask an indian with a wife.. who are stuck in process for years and his/her spouse (or spouse to be) cant work, then they will tell you how much E3 is better..

it all based on prefrences.. and its an IRONY that ppl still get confused after looking at the facts that consulate itself says that GC is not a reason to deny E3 status.. or ppl are getting GC and renewals during the process

if you are confused then ask the consulate directly the question about getting GC or renewal of E3 while pending GC.. and do what makes you comfortable

thanks
Wakkas

Mostly indian couples have seperate H1B for wife and husband.So this really protects them if any one of them loose job.Any member of couple can switch to H4 anytime (in case of layoff).Mostly TN holder wife's who wish to work in US can easily get this her TN status from border. EB-1 and EB-2 people are really lucky but EB-3 processing time is currently same for Australia,India,UK,Germany (all countries).H1B have gurrantteed approval and on receipt of notice the employee is eligible to work for new employer this is not the case with E-3 (no premium processing available and no AC21 portability).Australia and Canada are declared as similar countries but when it comes about US immigration Canada enjoys upper hand/better rules then Australia.In addition to TN status/benefits, Canadians dont even require H1B visa stamping and can visit US without any ESTA for 6 months.

Last edited by floridagirl; Oct 16th 2009 at 5:02 am.

Oct 16th 2009, 7:15 am

#214

ian-mstm

Account Closed

Joined: Aug 2002

Location: Kentucky

Posts: 38,865

Re: E3 to GC

Quote:

Originally Posted by floridagirl

Mostly TN holder wife's who wish to work in US can easily get this her TN status from border.

A TD derivative visa holder can *not* work. To work, the spouse would have to qualify for their own TN visa - and a TN visa is only available to Canadian or Mexican citizens.

Ian