shahadit

edwardssl - Did you get your green card ? What category did you qualify under ? Did you have renew your E3 during the application for GC ?

I ask all these questions because I have a long waiting queue (Indian Birth)and after the I140 is approved, I need to extremely careful with E3 renewals.

edwardssl

I agree with you the long waiting list you face is definitely a factor to take into consideration.
Yes got my green card without having to renew my E3.
I am a British born- Australian citizen I applied in the Employment E2 category.
Best of luck

Wakkas

Hi All

i was just going through my papers while cleaning up and found the RFE that i received from USCIS. This was the last RFE we got before me and my wife was granted GC while we were on E3 and E3D respectively

i think i did mention about this RFE and form I-508 but thought share this again. So the RFE we got stated:

"The information provided in this application and/or contained in Service records establishes that you were admitted into the United States (or have an occupational status which would, if you were seeking admission into the United States, entitle you to) as an E3, Australian Free Trade Agreement nonimmigrant.

In order to continue processing your application, you must submit Form I-508 (Waiver of Rights, Privileges, Exemptions and Immunities) to the Service."

My wife got the same RFE with status being E3D in above text. So we both submited this simple form (http://www.uscis.gov/files/form/i-508.pdf) for each of us and got our GC approved a week or 2 later.

thanks
Wakkas

cammil2002

Hi Wakkas,

I have just received exactly the same RFE on my application. Did you have a PID number to put on the form? I don't have one as far as I can tell, but I am loathe to return the form (I-508) only partially completed.....

What did you put in that box?

Thanks,

Cameron.

Wakkas

No PID was given. The PID was left empty in my case. only SS# was put in box 3

thanks
Wakkas

nagesh9

Hi Wakkas,

I am on E-3 Please let me know how and where to apply for green card . How much time it took to you to get GC. what are the documentaion that we need to be aware of before we apply for green card.

thank you for your valuable repsponses in this thread.

with best regards,
Nagesh

Wakkas

the GC process for E3 is exactly the same as that of H1B. I was in EB2 - other countries category and got my GC approved in 6-7 months time.. But i heard that now it takes longer due to recession. Especially the labor is taking much longer time.

My GC was applied by my employer, documentation and process is same as that of H1B

best of luck
Wakkas

nagesh9

Thanks Wakkas for your quick replay. So we can apply green card with our own ( i mean with attorney) instead of going through the employer. In your case it is through employer. I mean e-3 process and green card can be two independent right.

Wakkas

if you are applying for Employment based GC then it can only be processed via EMPLOYER. if you are doing family based then yes you can go on your own (but that has a long queue)

e3visa

You can only apply yourself so to speak if it is a family based sponsorship. Most likely you have an E-3 visa and status via your employer so it is up to them to file on your behalf.

CJ

wallworker

Hi there,

I'm wondering if anyone has any info on travel while awaiting Advance Parole. I know that you are not meant to leave the U.S. while your application for AP is pending, but does this also apply to a 3-day cruise to the Bahamas? I had booked a cruise before my husband's company decided they'd file for his green card (and mine by extension, as his spouse). They are filing this week—also filing for AP and EAD at the same time. The cruise is mid-May. I do not expect to have the AP through by then.

However, I read that some visa statuses—H1B and L1—are able to travel before they get their AP, as long as their visas are valid.

I have a valid E-3 visa (valid until mid-2010), so am wondering if this may be considered eligible to travel as it is modeled on the H1B visa and many of the rules that apply to the H1B also apply to the E-3.

Obviously I don't want to jeopardize my GC application by traveling without the Advance Parole--unless there is a way I can do it and not be seen as abandoning the GC appl (adjustment of status).

I have traveled to Canada for one evening before (drove across border) and did not need to surrender my I-94, but I was not applying for adjustment of status at that time.

Any tips greatly appreciated!

ian-mstm

Inasmuch as the US and the Bahamas are two different countries, then yes... unless you do *not* leave the boat while in foreign waters! If you've applied for a GC, then you can not leave the US without A/P or you will summarily abandon your GC application.


Ask them to delay filing... end of problem.

Ian

Ozzidoc

If it's an H1B, you dont need to have the AP in hand, only to have filed (applied for) it.

wallworker

Thanks, Ian. I'd like to delay the filing but not sure my husband will agree (it's his GC application primarily and he's keen to get it filed.)

Ozziedoc: I have an E3, not H1B, but was wondering if the same rule would apply (OK to travel once the application for AP is in), since the visas are "similar."

Ozzidoc

I wouldn't make that assumption if I were in your shoes.....

Edit - I have a copy of the notice that states H1 (and H4) visa holders (and also one type of L visa) does not require the unexpired visa holder to have the AP in hand, simply to have applied for it. The document is dated 15 October 2007. There is no mention of E visas in the document that I have.