E3 to GC
Feb 15th 2007, 6:34 pm
#16
Guest
Posts: n/a
Re: E3 to GC
On Feb 15, 12:02 am, "Joe Feise (Immigration)" <[email protected]>
wrote:
> Wakkas wrote on 02/14/07 16:07:
>
>
>
> >> Please I need help!! My employer went through my GC process while i
> >> was onE3and 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 thatE3does not allow to migrate permanently and
> >> that i have voilated myE3status. I am not sure if myE3visais
> >> 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 onE3or 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 onE3!!! 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 yourE3visa..
> > i couldnt get from your email.. are you saying that yourE3is 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.
so how long is a reasonable wait for lodging GC application without
violating any rules.
desparateE3, Please elaborate your case!. After getting your LCA
approved, did u lodge for I-140 and 485 concurrently. I was told by
my lawyer, that you cannot legally do 485 on E3 ad so need to go for
Consular Interview process for your 3rd stage instead of adjustment of
status (485). Any of the immi gurus, please let us know if this is
correct. Please give us guidance.
ta
manasa
wrote:
> Wakkas wrote on 02/14/07 16:07:
>
>
>
> >> Please I need help!! My employer went through my GC process while i
> >> was onE3and 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 thatE3does not allow to migrate permanently and
> >> that i have voilated myE3status. I am not sure if myE3visais
> >> 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 onE3or 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 onE3!!! 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 yourE3visa..
> > i couldnt get from your email.. are you saying that yourE3is 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.
so how long is a reasonable wait for lodging GC application without
violating any rules.
desparateE3, Please elaborate your case!. After getting your LCA
approved, did u lodge for I-140 and 485 concurrently. I was told by
my lawyer, that you cannot legally do 485 on E3 ad so need to go for
Consular Interview process for your 3rd stage instead of adjustment of
status (485). Any of the immi gurus, please let us know if this is
correct. Please give us guidance.
ta
manasa
Feb 15th 2007, 9:04 pm
#17
Forum Regular
Joined: Oct 2005
Posts: 132
Re: E3 to GC
According to the state department an E-3 applicant of holder can be a beneficiary of an immigrant visa petition filed on his or her behalf.
I would think your lawyer based his application on this.
There is a lot of confusion around the E-3, but I think after alot of sweating, you'll get it.
See below
http://foia.state.gov/masterdocs/09fam/0941051N.pdf
As discussed in 9 FAM 41.54 N4, an applicant (of an E visa) might
be a beneficiary of an immigrant visa petition filed on his or her behalf.
However, the alien might satisfy the consular officer that his and/or her
intent is to depart the United States upon termination of status, and not stay
in the United States to adjust status or otherwise remain in the United
States regardless of legality of status.
I would think your lawyer based his application on this.
There is a lot of confusion around the E-3, but I think after alot of sweating, you'll get it.
See below
http://foia.state.gov/masterdocs/09fam/0941051N.pdf
As discussed in 9 FAM 41.54 N4, an applicant (of an E visa) might
be a beneficiary of an immigrant visa petition filed on his or her behalf.
However, the alien might satisfy the consular officer that his and/or her
intent is to depart the United States upon termination of status, and not stay
in the United States to adjust status or otherwise remain in the United
States regardless of legality of status.
Feb 16th 2007, 3:59 am
#18
Guest
Posts: n/a
Re: E3 to GC
manasa wrote on 02/15/07 11:34:
> On Feb 15, 12:02 am, "Joe Feise (Immigration)" <[email protected]>
> wrote:
>> Wakkas wrote on 02/14/07 16:07:
>>
>>
>>
>>>> Please I need help!! My employer went through my GC process while i
>>>> was onE3and 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 thatE3does not allow to migrate permanently and
>>>> that i have voilated myE3status. I am not sure if myE3visais
>>>> 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 onE3or 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 onE3!!! 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 yourE3visa..
>>> i couldnt get from your email.. are you saying that yourE3is 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.
>
>
> so how long is a reasonable wait for lodging GC application without
> violating any rules.
There is a court case, Seihoon v. Levy, that, while technically applying to a
non-immigrant change of status, is often used as guideline for GC applications
as well.
Per that case, a filing of a change of status application after more than 90
days in the US is considered ok.
> desparateE3, Please elaborate your case!. After getting your LCA
> approved, did u lodge for I-140 and 485 concurrently. I was told by
> my lawyer, that you cannot legally do 485 on E3 ad so need to go for
> Consular Interview process for your 3rd stage instead of adjustment of
> status (485). Any of the immi gurus, please let us know if this is
> correct.
Again, that is BS. INA 245 specifies who can and can not file an I-485, and I
don't see the E3 category getting special mentioning there.
Get a better lawyer.
-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.
> On Feb 15, 12:02 am, "Joe Feise (Immigration)" <[email protected]>
> wrote:
>> Wakkas wrote on 02/14/07 16:07:
>>
>>
>>
>>>> Please I need help!! My employer went through my GC process while i
>>>> was onE3and 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 thatE3does not allow to migrate permanently and
>>>> that i have voilated myE3status. I am not sure if myE3visais
>>>> 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 onE3or 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 onE3!!! 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 yourE3visa..
>>> i couldnt get from your email.. are you saying that yourE3is 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.
>
>
> so how long is a reasonable wait for lodging GC application without
> violating any rules.
There is a court case, Seihoon v. Levy, that, while technically applying to a
non-immigrant change of status, is often used as guideline for GC applications
as well.
Per that case, a filing of a change of status application after more than 90
days in the US is considered ok.
> desparateE3, Please elaborate your case!. After getting your LCA
> approved, did u lodge for I-140 and 485 concurrently. I was told by
> my lawyer, that you cannot legally do 485 on E3 ad so need to go for
> Consular Interview process for your 3rd stage instead of adjustment of
> status (485). Any of the immi gurus, please let us know if this is
> correct.
Again, that is BS. INA 245 specifies who can and can not file an I-485, and I
don't see the E3 category getting special mentioning there.
Get a better lawyer.
-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.
Feb 20th 2007, 6:04 am
#19
Just Joined
Joined: Feb 2007
Posts: 3
Re: E3 to GC
The first half of the paragraph says that you can get an E-3 even if, in the past, you have had an immigrant visa petition approved. That is different to deperateE3's situation though.
The second half of the paragraph, where it says "and not stay
in the United States to adjust status" explicitly states that you should not apply for an E-3 if you intend to change status to GC.
If you want to try skating the fine line "I didn't intend to change to GC originally but have since changed my mind and now want to" someone else will need to comment on the legal position of that. It certainly does not sound like the safe road to follow though.
The second half of the paragraph, where it says "and not stay
in the United States to adjust status" explicitly states that you should not apply for an E-3 if you intend to change status to GC.
If you want to try skating the fine line "I didn't intend to change to GC originally but have since changed my mind and now want to" someone else will need to comment on the legal position of that. It certainly does not sound like the safe road to follow though.
http://foia.state.gov/masterdocs/09fam/0941051N.pdf
As discussed in 9 FAM 41.54 N4, an applicant (of an E visa) might
be a beneficiary of an immigrant visa petition filed on his or her behalf.
However, the alien might satisfy the consular officer that his and/or her
intent is to depart the United States upon termination of status, and not stay
in the United States to adjust status or otherwise remain in the United
States regardless of legality of status.
As discussed in 9 FAM 41.54 N4, an applicant (of an E visa) might
be a beneficiary of an immigrant visa petition filed on his or her behalf.
However, the alien might satisfy the consular officer that his and/or her
intent is to depart the United States upon termination of status, and not stay
in the United States to adjust status or otherwise remain in the United
States regardless of legality of status.
Feb 20th 2007, 4:21 pm
#20
Forum Regular
Joined: Oct 2005
Posts: 132
Re: E3 to GC
I am not saying it will be easy, but I think it should work.
On a personal note, the above situation was what I was afraid of and that's one of the reasons I didn't apply for a GC. The E-3 at this point should cover an Australian's family needs, so why play with fire when everything is still so new.
Having said that I still think the deperateE3 can make it work.
The 1st part although it is talking about an applicant, it seems as if the immigrant visa petition is not something in the history, but something acctually going on while an applying for the E-3.
The second half of the paragraph, where it says "and not stay.." you missed the 5 key words at the end "regardless of legality of status"
In other words, it is OK to want to stay so long as you are in legal status. That is why the E-3 can be renewed indefinetly.
According to that logic, one (a good lawyer) might argue that it is also OK to request a status adgusment so long as you maintain at all times legal status.
The one issue I didn't mention is that the quotes are from the state dep. and changing to GC is a homeland security issue, so they may or may not accept state dep. guidance.
BTW, E-1 & E-2 visas have been changing to GC for years. It shouldn't be different here.
On a personal note, the above situation was what I was afraid of and that's one of the reasons I didn't apply for a GC. The E-3 at this point should cover an Australian's family needs, so why play with fire when everything is still so new.
Having said that I still think the deperateE3 can make it work.
The 1st part although it is talking about an applicant, it seems as if the immigrant visa petition is not something in the history, but something acctually going on while an applying for the E-3.
The second half of the paragraph, where it says "and not stay.." you missed the 5 key words at the end "regardless of legality of status"
In other words, it is OK to want to stay so long as you are in legal status. That is why the E-3 can be renewed indefinetly.
According to that logic, one (a good lawyer) might argue that it is also OK to request a status adgusment so long as you maintain at all times legal status.
The one issue I didn't mention is that the quotes are from the state dep. and changing to GC is a homeland security issue, so they may or may not accept state dep. guidance.
BTW, E-1 & E-2 visas have been changing to GC for years. It shouldn't be different here.
The first half of the paragraph says that you can get an E-3 even if, in the past, you have had an immigrant visa petition approved. That is different to deperateE3's situation though.
The second half of the paragraph, where it says "and not stay
in the United States to adjust status" explicitly states that you should not apply for an E-3 if you intend to change status to GC.
If you want to try skating the fine line "I didn't intend to change to GC originally but have since changed my mind and now want to" someone else will need to comment on the legal position of that. It certainly does not sound like the safe road to follow though.
The second half of the paragraph, where it says "and not stay
in the United States to adjust status" explicitly states that you should not apply for an E-3 if you intend to change status to GC.
If you want to try skating the fine line "I didn't intend to change to GC originally but have since changed my mind and now want to" someone else will need to comment on the legal position of that. It certainly does not sound like the safe road to follow though.
Feb 20th 2007, 7:56 pm
#21
Just Joined
Joined: Feb 2007
Posts: 3
Re: E3 to GC
I still have a different interpretation of that paragraph.
"intent is to depart the .. upon termination of status, and not stay
.. to adjust status or otherwise remain .. regardless of legality of status."
I read this as "when you applied for the E-3 your intent was to leave the US once your E-3 status terminated, even if that was after multiple E-3 renewals".
And then "you cannot intend to adjust status or otherwise wangle out from an E-3 to another visa, even if that new status was legal". That is the "otherwise remain ... regardless of legality of status".
It seems they are trying to spell out that you cannot PLAN to use the E-3 as an easy way in the front door and then change to something more preferable once you are here (although the E-3 seems to satisfy all my needs so I have no desire to change).
I THINK it is legitmite for your intent to change over time. You meet a nice American girl and get married, your job goes better than you expected etc. Perhaps that is why E-1's & E-2's have been able to change to geencards.
DesperateE3, how long was it between when you entered on E-3 and when you filed various stages of GC paperwork?
"intent is to depart the .. upon termination of status, and not stay
.. to adjust status or otherwise remain .. regardless of legality of status."
I read this as "when you applied for the E-3 your intent was to leave the US once your E-3 status terminated, even if that was after multiple E-3 renewals".
And then "you cannot intend to adjust status or otherwise wangle out from an E-3 to another visa, even if that new status was legal". That is the "otherwise remain ... regardless of legality of status".
It seems they are trying to spell out that you cannot PLAN to use the E-3 as an easy way in the front door and then change to something more preferable once you are here (although the E-3 seems to satisfy all my needs so I have no desire to change).
I THINK it is legitmite for your intent to change over time. You meet a nice American girl and get married, your job goes better than you expected etc. Perhaps that is why E-1's & E-2's have been able to change to geencards.
DesperateE3, how long was it between when you entered on E-3 and when you filed various stages of GC paperwork?
Feb 20th 2007, 10:17 pm
#22
Just Joined
Joined: Feb 2007
Posts: 3
Re: E3 to GC
I still have a different interpretation of that paragraph.
"intent is to depart the .. upon termination of status, and not stay
.. to adjust status or otherwise remain .. regardless of legality of status."
I read this as "when you applied for the E-3 your intent was to leave the US once your E-3 status terminated, even if that was after multiple E-3 renewals".
And then "you cannot intend to adjust status or otherwise wangle out from an E-3 to another visa, even if that new status was legal". That is the "otherwise remain ... regardless of legality of status".
It seems they are trying to spell out that you cannot PLAN to use the E-3 as an easy way in the front door and then change to something more preferable once you are here (although the E-3 seems to satisfy all my needs so I have no desire to change).
I THINK it is legitmite for your intent to change over time. You meet a nice American girl and get married, your job goes better than you expected etc. Perhaps that is why E-1's & E-2's have been able to change to geencards.
DesperateE3, how long was it between when you entered on E-3 and when you filed various stages of GC paperwork?
"intent is to depart the .. upon termination of status, and not stay
.. to adjust status or otherwise remain .. regardless of legality of status."
I read this as "when you applied for the E-3 your intent was to leave the US once your E-3 status terminated, even if that was after multiple E-3 renewals".
And then "you cannot intend to adjust status or otherwise wangle out from an E-3 to another visa, even if that new status was legal". That is the "otherwise remain ... regardless of legality of status".
It seems they are trying to spell out that you cannot PLAN to use the E-3 as an easy way in the front door and then change to something more preferable once you are here (although the E-3 seems to satisfy all my needs so I have no desire to change).
I THINK it is legitmite for your intent to change over time. You meet a nice American girl and get married, your job goes better than you expected etc. Perhaps that is why E-1's & E-2's have been able to change to geencards.
DesperateE3, how long was it between when you entered on E-3 and when you filed various stages of GC paperwork?
Feb 20th 2007, 10:21 pm
#23
Forum Regular
Thread Starter
Joined: Dec 2005
Location: Snoqualmie, WA, USA
Posts: 215
Re: E3 to GC
I have been in US for 2 years now. my company legal team is disputing the decision and are telling me not to leave US (even though i have to renew my e3 within 3 weeks) and according to them my E3 status is not revoked and i am legal. I dont know what they plan to extend my e3 or apply for h1b because i love my new job here and i want to atleast have green card if i can that might be useful for me in future. my company sponsored me after 1 year of my employment.
They decided to apply for LC while i am on E3 and once that is approved and H1B quota starts they will transfer me to H1B (my wife is not working so it works for me) and then go through next step for GC..
I have asked many times on this forum about people who applied and got GC while being on E3 (not on H1b at any stage of the process) but have not heard from anyone but you who got a rejection
I hope all works out for you
Wakkas
Mar 1st 2007, 10:38 pm
#24
Forum Regular
Thread Starter
Joined: Dec 2005
Location: Snoqualmie, WA, USA
Posts: 215
Re: E3 to GC
WELL! I am so confused but I guess its depends on my legal team who are in process to start my labor certification...
They decided to apply for LC while i am on E3 and once that is approved and H1B quota starts they will transfer me to H1B (my wife is not working so it works for me) and then go through next step for GC..
I have asked many times on this forum about people who applied and got GC while being on E3 (not on H1b at any stage of the process) but have not heard from anyone but you who got a rejection
I hope all works out for you
Wakkas
They decided to apply for LC while i am on E3 and once that is approved and H1B quota starts they will transfer me to H1B (my wife is not working so it works for me) and then go through next step for GC..
I have asked many times on this forum about people who applied and got GC while being on E3 (not on H1b at any stage of the process) but have not heard from anyone but you who got a rejection
I hope all works out for you
Wakkas
Mar 2nd 2007, 1:13 am
#25
Forum Regular
Joined: Dec 2005
Posts: 184
Re: E3 to GC
I have been in US for 2 years now. my company legal team is disputing the decision and are telling me not to leave US (even though i have to renew my e3 within 3 weeks) and according to them my E3 status is not revoked and i am legal. I dont know what they plan to extend my e3 or apply for h1b because i love my new job here and i want to atleast have green card if i can that might be useful for me in future. my company sponsored me after 1 year of my employment.
Mar 2nd 2007, 1:37 am
#26
Just Joined
Joined: Feb 2007
Posts: 3
Re: E3 to GC
i am disappointed but what can i do
hope this doesnt happen to anyone else.
Wakkas I think your company is smart to apply for your H1b before filling you GC, its not worth the risk
Mar 2nd 2007, 1:40 am
#27
Forum Regular
Thread Starter
Joined: Dec 2005
Location: Snoqualmie, WA, USA
Posts: 215
Re: E3 to GC
Eb-2 category based on my masters and 2 year experience.I work for oracle. So it is a huge company.My lawyers asked me to move back to Australia and i will be working from oracle australia as my E3 has been revoked and given 30 days to exit USA. Oracle will apply for my H1B in april. Company is paying for the trip and relocation but its hard to move back and start all over again. Atleast i will be coming back in oct, hopefully, and have no problem securing h1b
i am disappointed but what can i do
hope this doesnt happen to anyone else.
Wakkas I think your company is smart to apply for your H1b before filling you GC, its not worth the risk
i am disappointed but what can i do
hope this doesnt happen to anyone else.
Wakkas I think your company is smart to apply for your H1b before filling you GC, its not worth the risk
Mar 2nd 2007, 6:02 pm
#28
Just Joined
Joined: Feb 2007
Posts: 3
Re: E3 to GC
Gee that sucks. At least Oracle sounds as though they are being accommodating to your situation.
How far did you get with the greencard application? Was it the greencard petition or adjustment of status that caused problems?
How far did you get with the greencard application? Was it the greencard petition or adjustment of status that caused problems?
Mar 5th 2007, 11:03 pm
#29
Forum Regular
Joined: Dec 2005
Posts: 184
Re: E3 to GC
Eb-2 category based on my masters and 2 year experience.I work for oracle. So it is a huge company.My lawyers asked me to move back to Australia and i will be working from oracle australia as my E3 has been revoked and given 30 days to exit USA. Oracle will apply for my H1B in april. Company is paying for the trip and relocation but its hard to move back and start all over again. Atleast i will be coming back in oct, hopefully, and have no problem securing h1b
i am disappointed but what can i do
hope this doesnt happen to anyone else.
Wakkas I think your company is smart to apply for your H1b before filling you GC, its not worth the risk
i am disappointed but what can i do
hope this doesnt happen to anyone else.
Wakkas I think your company is smart to apply for your H1b before filling you GC, its not worth the risk
Last edited by abboy; Mar 5th 2007 at 11:33 pm.
Mar 5th 2007, 11:32 pm
#30
Forum Regular
Joined: Dec 2005
Posts: 184
Re: E3 to GC
WELL! I am so confused but I guess its depends on my legal team who are in process to start my labor certification...
They decided to apply for LC while i am on E3 and once that is approved and H1B quota starts they will transfer me to H1B (my wife is not working so it works for me) and then go through next step for GC..
I have asked many times on this forum about people who applied and got GC while being on E3 (not on H1b at any stage of the process) but have not heard from anyone but you who got a rejection
I hope all works out for you
Wakkas
They decided to apply for LC while i am on E3 and once that is approved and H1B quota starts they will transfer me to H1B (my wife is not working so it works for me) and then go through next step for GC..
I have asked many times on this forum about people who applied and got GC while being on E3 (not on H1b at any stage of the process) but have not heard from anyone but you who got a rejection
I hope all works out for you
Wakkas
Once you got your H1B, will your company immediately file for GC or do they have to wait for you to be in H1B for a while(a certain time ) before filing for GC?
Did you get your LCA already? How long does it take? Is your co. filing for your H1B this April? I understand , once it approved, it can only be effective in October? Does it mean your E3 will automatically be ineffective/invalid in October? not in April?
Getting confusing messages from different lawyers, many said E3 can be adjusted to GC without problem.