Andrew Wilson

Urz,

Applying under the DV Lottery program should not form a basis for denial of an E-3 under any dual or immigrant intent issue.

Applying under the lottery is really just a hope rather than intent, but in any event, even winning would not disqualify an E-3 or necessarily hurt a future E-3 filing. This is especially true if you plan to immigrant visa process rather than adjust status if you win.

Regards,

Andrew M. Wilson, Esq.

Urz

Thankyou!

edwardssl

This is a message that Andrew Wilson may be able to guide me on. I am an E3 holder and am set to apply for GC on EB-2 basis through my employer. My E3 expires July 09. I would like your honest opinion on chances of adjustment on status via I-485 for an E3 to GC. (I am a British born Australian citizen).
Thanks
I am totally confused as to if this is a viable option

sirck

Hi edwardssl,

I know your question was geared towards Andrew Wilson, but just wanted to reply.

I am no legal expert, but if your E3 visa is set to expire in July 09, then you really only have 10 months or so to get your GC.

Its hard to estimate exactly how long the process on EB2 will take, as this would depend on if you face any difficulties on your application. But from other discussions it looks like it takes 1 year.

Would it be better if you waited until early next year to renew your E3 for another 2 years.. and then begin the GC process immediately afterwards?

edwardssl

Thanks that was what I was thinking of doing. But I guess I thought that once you apply for GC with the I-485, 765 etc that you are covered until your green card decision is made??

sirck

Assuming that you are applying for the I-140 and I-485 concurrently, then you can also apply for the EAD and Advance parole which will cover you.

The only problem is that if your I-140 or 485 get denied, then you will also lose the benefits of the EAD and AP. In a negative situation like this, you would want to ensure that your E3 was still valid if you lost your EAD and AP so that you can fall back to your E3 and not be caught out of status.

Of course you should consult the advice of an immigration lawyer for further details

Wakkas

you can always renew your E3 while GC is pending.. i know ppl who got the extension in same case without any issue. My company was about to apply for my extension as well but my GC came 2 months before my E3 was to expire.. so never end up applying for one.. but know couple of guys in my office that got it without any issue and one of them got his GC 4 days after getting his E3 extension approval

nikiAkl

Does anyone know the process for extending E3D from within the USA. I renewed my E3 from within US and got it within 1 month (including change of employer). My company did it for me but will not do it for my spouse.

Can someone with some experience please post how to apply for extension of E3D from within US. What forms are required and the filing fee? Thanks a lot for your help.

Mr. Wilson, your insight is much appreciated. Thanks.

Andrew Wilson

Should be as simple as filing I-539 paperwork to extend E-3D status with the Service Center.

Andrew

nikiAkl

Thanks Mr. Andrew, apart from I-539, is there any other form that needs to filled?

Also, my spouse had EAD from her first E3D, when the EAD arrived, it also had a letter that said it will be easier and efficient to reapply with that document when its time to extend EAD. Have you heard of this option before from USCIS?

Thank you.

Andrew Wilson

I-539 is main CIS form. Other documents to send include proof of spouse's E-3, proof of marriage, proof of current E-3D etc.

The EAD is not represntative of E-3D status or any status. It is work permisison that is allowed for spouse's of Es and Ls. If you want to extend EAD, you can file I-765 at same time as I-539.

Regards,

Andrew

nikiAkl

Mr. Wilson, can you please post your thoughts for the following 2 questions, thanks a lot for your help and time:

Has anyone applied for E3D extension? I have the following question and would really appreciate if someone can answer this:

In Part 3 of the I-539 form, what can we write for Question 1. My spouse has E3 and his visa expires in Feb 2010. I applied a year after his original E3, so my visa expires Feb 2009. Now for extension, the question 1 asks:

1. My current or requested status be extended until:

Since E3 is for 2 years, can we write 2 years for E3D also? Can someone please post. Thanks a lot.

Another Question in Part 4, question 3 g. of of I-539:

g. Have you or any other person included on this application, been employed in the US since last admitted or granted extension? Yes or No

I have not worked although I have EAD. However, the question asks whether anyone on this application has worked. Now my spouse is working, has E3 and I had to put his details on the application because I am applying for E3-D extension based on his already approved E3 extension with USCIS. So should I answer Yes to the above question or No?? Can someone please clarify?

Thanks a lot for your input.


PS: I emailed you regarding E3 to GC possibility. Appreciate your advise, given my little complex case perhaps? Thanks

ian-mstm

The E3D is a derivative visa... it will expire when the E3 expires.


You are not your spouse. The answer seems obvious, doesn't it? It's not a trick question.

Ian

nikiAkl

Yes, I thought so too but you never know USCIS....if they object then application will be stuck forever in beauracracy.....so wanted to make sure about Q. g

Andrew Wilson

It is absolutely feasible to pursue permanent residency for the U.S. while maintaining E-3 status. The key is to complete the third and final stage of the permanent resident process through a one-day interview at a U.S. consulate abroad through immigrant visa processing rather than through adjustment of status from within the U.S. This effectively addresses any dual intent issues and should not create any problems for maintaining your E-3status.

We have successfully pursued and obtained permanent residency for E-2, E-3 and TN individuals without issue. Like most individuals, your spouse most likely will need to go through a three-stage process to permanent residency starting with the PERM labor certification stage.

With respect to specific questions, you can ask for E3D status for the duration of your spouse's E-3 status. Also, the I-539 pertains to you and not your spouse. If you have not worked then the answer is no.

Regards,

Andrew M. Wilson, esq.