E3 Visa to Greencard

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Nov 2nd 2010, 12:03 am

#31

scrubbedexpat099

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Re: E3 Visa to Greencard

Quote:

Originally Posted by 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.

I guess you are suggesting this might not be uncommon.

Is it different from somebody here on a student visa that is petitioned by a sibling?

Nov 2nd 2010, 12:03 am

#32

meauxna

Joined: Apr 2002

Posts: 35,082

Re: E3 Visa to Greencard

Quote:

Originally Posted by E3only

How about this?

Ouch, does that really help him?

Hey, hint for everyone? Immigration attorneys generally HATE discussion groups like this.
I can't believe you sent her the link.

Nov 2nd 2010, 12:05 am

#33

scrubbedexpat099

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Re: E3 Visa to Greencard

Quote:

Originally Posted by meauxna

Ouch, does that really help him?

Hey, hint for everyone? Immigration attorneys generally HATE discussion groups like this.
I can't believe you sent her the link.

UPL?

Nov 2nd 2010, 12:09 am

#34

meauxna

Joined: Apr 2002

Posts: 35,082

Re: E3 Visa to Greencard

Quote:

Originally Posted by Boiler

UPL?

Not so much. Probably more like cutting into the market, but I am in my Cynical Phase.

Nov 2nd 2010, 12:13 am

#35

shailensukul

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Re: E3 Visa to Greencard

Quote:

Originally Posted by meauxna

Ouch, does that really help him?

Hey, hint for everyone? Immigration attorneys generally HATE discussion groups like this.
I can't believe you sent her the link.

Yeah, God forbid we should seek an alternative opinion that does not involve paying through the nose for another attorney.

Nov 2nd 2010, 12:15 am

#36

shailensukul

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Re: E3 Visa to Greencard

Quote:

Originally Posted by meauxna

Ouch, does that really help him?

Hey, hint for everyone? Immigration attorneys generally HATE discussion groups like this.
I can't believe you sent her the link.

I went through the document twice, but did not find any relevant sections that could help my situation. Am I missing anything?

Nov 2nd 2010, 12:40 am

#37

scrubbedexpat099

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Re: E3 Visa to Greencard

Quote:

Originally Posted by shailensukul

I went through the document twice, but did not find any relevant sections that could help my situation. Am I missing anything?

I do not think so.

Nov 2nd 2010, 12:42 am

#38

scrubbedexpat099

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Re: E3 Visa to Greencard

Quote:

Originally Posted by meauxna

Not so much. Probably more like cutting into the market, but I am in my Cynical Phase.

I have moved on from phase.

Nov 2nd 2010, 1:04 am

#39

E3only

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Location: East Bay Area

Posts: 2,192

Re: E3 Visa to Greencard

Quote:

Originally Posted by Boiler

I do not think so.

More so from the perspective that, if there is document saying they can not deny the GC based on E3 status then on what basis can POE decline entry? I mean if there were 2/3 extensions needed on E3 whilst the GC is in progress.

Nov 2nd 2010, 1:13 am

#40

meauxna

Joined: Apr 2002

Posts: 35,082

Re: E3 Visa to Greencard

Quote:

Originally Posted by E3only

The way I read that memo, it's not the GC in danger of being denied as much as the E-3 not being renewed.

Nov 2nd 2010, 1:27 am

#41

scrubbedexpat099

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Re: E3 Visa to Greencard

Quote:

Originally Posted by meauxna

The way I read that memo, it's not the GC in danger of being denied as much as the E-3 not being renewed.

I do not know enough about E3's, is it an extension or a re application?

Logically it is all nonsense, but it could be that the re application is the issue with now shown immigrant intent.

Nov 2nd 2010, 1:29 am

#42

E3only

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Re: E3 Visa to Greencard

Quote:

Originally Posted by Boiler

I do not know enough about E3's, is it an extension or a re application?

Logically it is all nonsense, but it could be that the re application is the issue with now shown immigrant intent.

Extension. The reason I say that is, the 10K yearly cap does not include extensions.

Nov 2nd 2010, 12:23 pm

#43

ian-mstm

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Re: E3 Visa to Greencard

Quote:

Originally Posted by shailensukul

The E3 visa does not have dual intent which is necessary to be able to go through the green card process. Your visa category is strictly non-immigrant so [Company] cannot support a green card case for you at this time.

Feel free to tell the attorney that just because a visa does not specifically allow for dual intent, it does not mean that dual intent is specifically prohibited. Further, realize that there is a difference between what the attorney called "illegal" and company policy! If the company doesn't pursue a GC application that's because they're choosing not to... which is a far cry from the E3 -> GC being illegal.

Ian

Nov 2nd 2010, 11:06 pm

#44

augigi

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Joined: Sep 2006

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Re: E3 Visa to Greencard

Quote:

Originally Posted by 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.

I spoke with Valerie May from May Law Group in Pittsburgh. She said they had successfully got GC from E3.

May Law Group, LLC
535 Smithfield Street Suite 908
Pittsburgh, PA 15222
412-291-4400
412-291-4401 facsimile
1500 JFK Blvd.
Two Penn Center Suite 200
Philadelphia, PA 19102
215-880-4977
www.mayvisalaw.com