meauxna

What is #1 all about? If your wife is an H-4 (if you switch), she can't work in that status.

When the I-485 is filed, she can apply for an EAD from that status, which lasts until the green card is decided.

E3only

I have a question and please bear with me as I have little knowledge about the GC process.

So one applied for GC (EB2) today, how long before they apply for the “I-485” thingi?

shailensukul

Not really, I have a couple of Australian born workmates on the E3 visa...

shailensukul

Good point. Once I switch to H1B, point 1 is moot.
I guess the only real option is to investigate the E3 to GC option. I think I may have some leeway in choosing my own lawyer if I can find one that has done this before and comes from a respectable firm.

Appreciate any referrals.

meauxna

The I-485 can go in when there is a visa number available. AKA when the priority date is current and the applicant has an approved petition.

E3only

Ah,

SO the EB 2 priority date at the moment is 2006. If one applied for GC today (EB2) and assuming one to one relationship (application processing), they still have 4 years before their spouse can apply for EAD – that make sense?

meauxna

Yes, what you wrote makes sense.. I'll rely on you for the dates.

The problem with using imprecise language like "green card application" is that no two people use the same definitions.

One would not BE "applying for a GC today (EB2)" because *to me* the green card application, that is the application to adjust status to permanent residence (aka I-485), hadn't gone in.

But yes, that is why people need the underlying dual-intent status of the H-1B to be living and working in the US while waiting for a visa number.

The argument lives on as to whether or not the E-3s benefit from the same status as H-1B & L-1s (dual intent). You already know what the argument against is..

E3only

Makes sense, for me the application is the date I initiate my intentions. It’s not in my control that the visa number is available. As long as I apply and the petition is approved it becomes a waiting game hence for me, I have already applied. I-485 for me is the final stage not starting point.

But I understand what you mean.

scrubbedexpat099

Can I continue working on an E3 whilst I have my EB2 in process?

Sounds more like the question and the Lawyer says no.

Not knowing that much about E3's, it does not sound an unreasonable view.

shailensukul

That is exactly what I thought.

This is the lawyer's reply:
Upon pressing here further she conceded that I could proceed on a H1B visa but she refused to offer advice on whether there was any interim visa that would allow my wife to work while I was processing for the GC.

When I responded by giving her a link to this forum, she replied saying that E3 -> GC is illegal and the legal firm would not support this and that the firm does not take advice from public forums.

So my last resort is to find a law firm that has experience in successfully going from E3 -> GC directly and use them instead. So anyone knowing such a firm can ping me directly.

E3only

How about this?

scrubbedexpat099

The Lawyer is presumably appointed by the Employer and their principal responsibility is to the Piper.

Immigrant intent only comes into play as I understand it IF it is being used against you at the Consulate or POE.

E2 is also a non immigrant visa, but people go to thought the GC process whilst on it.

So a bit strange.

Just to add, now that you are here and want to stay here and you have a possible route, the Immigrant Intent bit should not be relevant, but maybe if you leave and wish to re-enter it could be as you would be using a non immigrant visa with intent to stay and adjust?

Contra argument would be if you went back for consular processing.

E3only

For an Indian born, a normal EB2 application might take 4-5 years which means at least 2 E3 renewals. If one had to go out of the country, that means tackling the POE for 4-5 years.

E3only

Could anyone confirm if they were able to open my PDF attachment above? Or did it throw errors?

scrubbedexpat099

Worked for me.