aussiematt7

I have found this forum helpful, but it is easy to get lost in some of the larger threads so I decided to start this one in the hope someone can give me a direct answer to my questions.

Background: I graduated from a US university with a Bachelor's and am now working as a financial analyst here. I have been working using my student visa in the 1 year window of my optional practical training. This expires in 5 months. I am an Australian citizen.

1. Am I able to continue working for my current employer while I apply for a change of status to E3 and after my current visa expires?

2. If not, how long does the change of status take?

3. What is the overall cost of the application?

4. I plan to stay in the US permenently and although there appears to be some difficulty in converting to a GC, this seems like the best option?


I also have the option to go back to get my MBA this fall, which will be paid for.

Please advise. Thank you so much for your time.

augigi

I think the answers to your questions are already here, you just have to do some reading.

1. I don't believe you can work while waiting for the status change, whereas before the OPT runs out you could just go get the E3.

2. It would most likely be faster to get a new E3 (in Canada) for the company, rather than change your status. There is no premium processing and change of status can take up to 4 months.

3. Cost of a new E3 is USD $131. Change of status is $320 USD for the I-129 filing.

4. You didn't ask a question...?

Edit: You didn't actually mention anywhere that it's a "specialty occupation" under the USCIS definition that qualifies for E3? Is a minimum of a bachelor degree required for the position?

Agent2810

You should be able to get an E3 while legally here on another visa.
Whatever you do, DO NOT admit you want to stay in the US permenantly as this will rule you out for an E3. You must be able to demonstrate (in any way, to the satisfaction of the consulate) that you intend to return to Australia.
It is not possible (permissable) to convert from E3 to GC.

meauxna

hunh. I thought differently.

Folinskyinla

Hi:

One thought popped to mind -- why would you wait until the expiry of your OPT?

Lot of subtle issues in your scenario though. I think that at least a legal consultation might be in order.

augigi

You do not have to show ties to Australia. You must make a statement that you will leave the US when you are out of status.

That's not really accurate. People on this site have successfully adjusted status from E3 to GC. The E3 may not be specifically dual intent, but I don't think it's specifically NOT dual intent, either.

meauxna

Thanks.. thought I was losing it there for a mo...

chicagojlo

An Australian friend of mine is currently considering E3 but she is concerned about the GC thing. What's the situation for someone who would be coming in a fairly senior level management position (she's currently a director in a large bank), she would qualify for EB1 or 2 with her experience and standing, but is worried that the E3 would prevent her from even applying?
(I already told her to consult a lawyer but it would be nice to have some words to offer her...!)

Ray

Go L-1A then

Folinskyinla

Hi:

Why would it stop her from applying? If she is in Australia, then E-3 might properly be the way to go. You don't have to do a preliminary petition.

Almost none of the non-immigrant categories [big exception being the K] per se qualify one for permanent residence.

There seems to be this strange misconception that "E" people can't get green cards. "E" can get green cards if they qualify.

chicagojlo

L1A won't be applicable as this would be a new employer with a new job.
So far I have only read that E3 cannot apply for GC here. I read one guy got given 30 days notice to leave after applying for GC while on E3. I know that some of the other E visas can go GC but I thought E3 wasn't one of them.
But it looks like E3 then adjust to H1B then go for GC would work (no dependents/spouse etc). She plans to retire in Aus (which would be within next 20 years I think) but wants to have the freedom of a GC while here.

Folinskyinla

Hi:

I misunderstood that employer was transferring over. An E-3 can do an EB-1 when they get here. EB-1 would have to be in the extraordinary category. EB-2 perhaps in "Schdule A Group II" if the person is of "exeptional" ability.

I don't think NIW is a good idea. There is an institutional hostility to it -- that said, it seems that CIS has a habit of conflating SchAgrpII with NIW.

Other wise, a PERM is needed.

You point out the disadvantage that PERM application drops dead if job goes away during processing.

chicagojlo

I suspect that she could actually get NIW knowing the kind of work she has done in the past and what the job could possibly entail, details weren't discussed as she was at work!
Again I told her to get herself a lawyer anyway as she may be internationally recognised in her field but her field isn't immigration law...

Agent2810

Hey, that's all good newws for me. I am an E3 and would like very much to become a perm. resident - but have been told and read in the E3 rules, not permitted to upgrade from E3 to GC. If I can, great. I just have to find out "how".

augigi

Does not say in the USCIS E3 memo's that I have read that you cannot adjust status. Specifically says you cannot be denied an E3 or E3 renewal because you have a GC petition in the works. Some people here have been successful at going E3->GC, others haven't. It's really a matter of try and see.