boyfromoz

she is not an Australian Citizen, I am. She is an Indian Citizen.

So she would have to get an H1 before we are able to apply for GC for her.
thanks.

YujunLiang

I just found out this from
http://www.uscis.gov/files/pressrele...dnc_121505.pdf

(3) Length of Stay E-3 Specialty Occupation Workers may be admitted initially for a period not to exceed the validity period of the accompanying E-3 labor attestation (i.e., for a
Memorandum for Service Center Directors, et al.
Subject: Processing Guidelines for E-3 Specialty Occupation Workers and Employment Authorization for E-3
Dependent Spouses Page 4
maximum of two years), and extensions of stay may be granted indefinitely in increments not to exceed the validity period of the accompanying E-3 labor attestation (i.e., for increments of up to two years each). As there is no limit on the total length of stay for an E-3 alien in the legislation, there is no specified number of extensions a qualifying E-3 Specialty Occupation Worker may be granted. Under the current E regulation, 8 C.F.R. 214.2(e)(5), an alien classified under section 101(a)(15)(E) as an E-3 nonimmigrant shall maintain an intention to depart the United States upon the expiration of termination of E status. An application for initial admission, change of status or extension of stay in E-3 classification, however, may not be denied solely on the basis of an approved request for permanent labor certification or a filed or approved immigrant visa preference petition.

According to last sentence in the paragraph, E3 extension shouldn't be denied solely on the basis of green card process.

Regards

E3only

Thanks for your post, however this has already been known to the forum.

MikeWine

Thanks for the good posts but to get back to E3 to GC, have kust discussed with Imigration attorney and wants to convert E3 to H1 and then apply for GC (me thinks, 2 processes, 2 bills to pay - is this over servicing? not to mention the time issue) Has anyone come across this seemingly convoluted process before?
Many thnaks

meauxna

Google is your friend too.

Many people have already shared their experiences; looking back through past posts is good group etiquette.

e3visa

Its awesome to hear the E3 to Green Card stories let's hope to hear more of them as the months pass by
CJ
<<snip>>

shahadit

Hi Guys,

I am in the same boat as many of commenters on this forum.

I am on an E3 visa and my company is willing to apply for my green card. Unfortunately, I haven't got any positive responses from any attorney. They have suggested to convert to H1 to apply for my GC.

So I am really confused as there is no good source of information for this process. It is surely a risk to apply for a GC from a E3 visa and I am considering to take this route.

Any suggestions (besides the ones in this thread) ?

augigi

If they're willing to transfer you to a H1B at their cost, and it makes things easier, why not do it? Otherwise get another lawyer opinion.

shahadit

I have consulted a few lawyers and they are also suggesting to convert to H1-B.

However, since others have got their GC through E3, I am sure there should be an easier way. Besides, as per Andrew Wilson's advise in the previous threads it looks like there shouldn't be a problem applying for a Green Card from E3.

At this stage I am only concerned about the renewing and travelling options. I was told by couple of lawyers that I won't be able to travel while the application is in the 3rd stage.

Is this true ?

Wakkas - how long did you have to wait for your GC ? Did you get an opportunity to renew your E3 ? I saw the thread when you mentioned that you got your Green Card two or three days prior to getting your E3 renewal. Was that the first time you renewed the E3 ? Did you have any hick ups ?

Wakkas

My company was preparing my E3 extention filing.. My E3 was supposed to expire on 8th April but i got my GC in Feb.. My company has cases where E3 is extended fine while applied for GC..

I was in EB2 - Other countries category and my date was current all the time.. got my GC in about 7 months..

Also the travelling restriction in stage 3 is common process.. and you have to wait for your ADVANCE PAROL document and after that you can travel.. my wife was in Pakistan when we got approved and she came back on AP document aswell. while her GC was with me.

best of luck
Wakkas

shahadit

Wakkas said

"Also the travelling restriction in stage 3 is common process.. and you have to wait for your ADVANCE PAROL document and after that you can travel.. "

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I am under the impression that an adjustment of status cannot be done which will I will not qualify for ADVANCE PAROL.

Is this true ?

Are there many in your company on E3 visas who have applied for their Green Card and been able to renew their E3 visa after the I-140 has been approved ? and also been able to travel ?

Wakkas

if you are not eligible for adjustment of status hence no AP then you can only travel if you have a valid visa.. (other can correct me if i am wrong).. but once you become eligible for AP then you have to wait for it.

there are many in my company with E3 i dont know about their travel status..

Wakkas

ian-mstm

Advance Parole is part of the Adjustment of Status paperwork. If you are not eligible to adjust, then you are not eligible for AP. If you are eligible to adjust your status and you *do* file to adjust, you must then wait for AP to travel. Once you have filed to adjust your status, you can not use the visa for travel purposes.

Ian

shahadit

I contacted the US Consulate in Sydney and this is what they have replied.

"Your employer may file an I-140 petition on your behalf, however, as you will not be able to change your status via application form I-485, when your I-140 petition is approved you will be required to return to your country of nationality or residence to apply for your immigrant visa."

does this mean I cannot to an adjustment of status ?

edwardssl

I just wanted to say that I did not use a lawyer to process my GC. I took a risk in applying for my GC from an E3. I too was advised to convert to H1B but had read the threads and thought it was worth the risk.