shailensukul

Hi Guys,

I am a Fiji born Australian citizen working in USA on an E3 visa.
I was wondering if anyone has any input into the following questions:

1. If I apply for the Greencard Lottery, will it affect my E3 renewal?

2. Can I go directly from my E3 visa to a greencard if my employer is willing to sponsor me? Some people suggest going to H1B first but that will affect my spouse's work authorization.


Thanks

Shane

E3only

I wil let others respond but from my knowledge

1. No Impact
2. Search the forum and this has been discussed before.

All the best.

fld

1) As far as I know, no.
2. Yes, many have successfully done so. However, different applicant have different circumstances. But in general you can and there was a memorandum out there saying applying for GC while on E-3 was not the ground for E-3 renewal refusal. However, ther was one pretty neo-classic case used to be discussed here about a GC applicant losing his/her E-3 status after applying for GC. However, it was said that the refusal was because of something else.

John Manley

Hello,

1. Merely applying for the lottery will not affect an E3 renewal. If you are selected and begin the immigrant process, however, that could affect whether or not the consulate renews an E-3. As I am sure you are aware, both you and your spouse can apply for DV-2011, even if your spouse was born in a non-qualifying country.

2. For this question, I think you should compare the H-1B and the E-3. H-1B holders can have dual intent. Meaning, H-1B visa holders can renew their H-1Bs, even if they have a present intent to immigrate, or have not maintained their foreign residence. An E-3, in contrast, does not have dual intent. If you apply to renew your E-3 and you already have an approved labor certification or have filed an immigrant visa petition, you could face a denial of the renewal.

PERM labor certification cases initially were designed to be approved quickly. You could receive an approval in a couple of weeks as long as you met all of the checks of the PERM software system. Today, applicants can expect to face long waits with PERM. DOL is auditing and even imposing supervised recruitments on many cases. In 2009, you could expect a 9-10 month processing time with a normal PERM case. If DOL audits, you could add a year to that processing time. Once DOL approves, you apply for the immigrant visa with USCIS. USCIS seems to be issuing Requests for Evidence routinely on submitted applications. The point is, you can expect a long wait with a PERM and Immigrant Visa application.

H-1B visas are still available. Perhaps you should consider filing for an H before beginning any green card process. While H-1Bs are available, this would be a good option for you. This time last year, H-1B visas were not available.

shailensukul

Thanks to all for the valuable comments.

From the advice given, this seems to getting harder and harder.
My wife is settled into a job now and from the looks of it, if I apply for a Greencard directly from E3 I risk the following:

- My wife losing her EAD (and job) if I convert over to a H1B
- Possibility of my E3 renewal getting rejected as the application process signified dual intent and us having to go back to Australia

I also investigated other options, as my wife's sister is a citizen. That classifies us in the "Family Preference" category but I researched the wait times which seem to average 10-11 years! Put simply, we are not prepared to wait that long.

It seems so incredibly difficult for a person in a highly skilled job area to get a PR to work in USA. I will also research whether it makes sense to get a Canadian visa and work in the states on that visa but am running out of options ...
** BEGIN EDIT **
A person cannot work in the USA on a Canadian PR. Only Canadian citizens can work on a TN visa.
** END EDIT **

Any additional advice will be appreciated. Hope this helps others as well.

John Manley

It is a difficult, long road for many applicants. You, however, are in much better shape than many other potential immigrants. You are educated, you are in status, and you have options.

As long as you protect your underlying status, you can explore different ways to become an LPR. You could explore these possible options[you may have other options as well, but I do not have enough information about you--consult with your attorney]:

1. H-1B

2. LPR through employment:

Have your company sponsor your for LPR status.

3. LPR through Family:

I do not know why you are discounting this option. The wait can be 10-15 years. The visa petition alone will not grant a work permit or the ability to remain in the U.S. while you wait for a current priority number. But, this is an option. Quite a few people obtain LPR status this way.

4. LPR through Diversity:

Both you and your wife should apply for the green card lottery. The upcoming DV Lottery 2012 registration period is scheduled to start in October 2010.

shailensukul

Thanks John Manley.

I figured the same options as you specified.

We did apply for last year's diversity lottery, but were not picked in either of our applications.

ATM, I am talking to my employer, who are interested in sponsoring me.
I think I will risk the sponsorship, the risk being my E3 not being extended next year. I will also try to see if my wife can apply for another E3 as a surety.

Re: the family option, the 10-15 year wait is simply too long. I am struggling to justify my presence in USA since we took a considerable financial cut to come here as my wife left a well paid job and was out of work for about 8 months. Australia is booming with jobs and I have had offers that pay more than my current salary back home.

The density of the market, bleeding edge technology, engagements with world leading companies and leading large multi-geographic teams are some of the factors that compel me to stay here. Plus there is the life experience of living in a more developed country, being close to family, etc that are hard to quantify financially.

I suspect these may be options other E3 holders may be contemplating, especially ones with partners. I will let you know how my work sponsorship pans out. H1B is not an option as it will affect my wife's work eligibility.

Again thanks to everyone.

nochucky

Hi,

I am Australian citizen born in India. I have my brother and other childhood best friends living in California and intending to move to California and stay there in Greencard. I am USA quailified with Master of Science in Computer science and over 15 years experience in IT. I am sure I can get a E3 or H1B .

My question is what is the best path for me to get a greencard. Is that E3 or H1B visa. I know of that there is faster processing for professionals/applicants who has done Masters degree from USA. If yes, what is that faster process?

E3only

Indian born GC processing dates are something like (guide only)
EB3 - 8-10 years
EB2 - 6-7 years (This is where you will fit best given your experience and masters degree)
EB1 - current although with limited information, you wont qualify for that.

It seems like guys recommend H1B as a way to GC.....

Good luck. First task for you is to find a job...let alone anything else, that would be challenging. Although your experience might make it easier.......

Please also check the California unemployment rate if you have not by now.

I am sure experts will correct me if I have missed anything or wrong.

nochucky

Thanks for that reply and appreciate that information.
There is a slim chance of getting greencard sooner in America?

meauxna

No, because you still need a visa number, which is what is backlogged. The term 'visa number' applies to getting an actual visa outside the US or filing for adjustment inside the US.

shailensukul

Ok I have some updates on my situation.
To recap: I am currently working in USA on an E3 visa and my wife is also working on an E3-D visa.

My company is willing to sponsor me for a greencard.
Upon talking to the company lawyer, I was informated that the only option I had was E3 -> H1B -> GC. When I asked about E3 -> GC, she told them that this was not legal.

So I asked her a simple question: "Is there any interim visa which would allow my wife to work while I was waiting for my GC results"? Athough she refused to anwer this directly, I suspect there is not.

So putting my wife out of work will not be an acceptable solution; neither career-wise nor finance-wise.

Right now I am considering some options:

1. Locate a company via which my wife can continue to work legally as a contrator. Would appreciate some suggestions for a good accounting company in the San Francisco area.
2. Get a company to sponsor my wife for an E3 visa. This is probably not something feasible in the short term.

Any suggestions on point 1 will be appreciated.

augigi

I think I'm the only Aussie-born Aussie on E3 in the US hehe.

E3only

I have reservations on that statement. I would get second opinion, third if necessary. I know of people who have been able to get a GC while on e-3. Ok yes I may not know then personally but I have no reason not to believe them. Wakkas for one, is a BE member although not seen him post recently.

'Not Legal' is what I am challenging. If the lawyer said 'grey area', 'difficult', 'dont know' thats ok but illegal....

E3only