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Renewing E3 visa when GC in process

Renewing E3 visa when GC in process

Old Mar 4th 2019, 1:59 pm
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Default Renewing E3 visa when GC in process

Hi folks,
I know this has been discussed earlier and I have read those posts but there are no recent posts regarding renewing E3 when GC in process so putting this thread again so that any people who have recently gone through this scenario would help me out.
I am an Australian citizen (India born) and have been on a E3 since 4 years in USA. My company is ready to apply for GC and the lawyer is not so sure about the GC process for E3 visa holders. He said that I might have to go on a H1B and then apply for GC, but I do not want to as my wife works on her E3 and he said that if I go on a H1b then she has to as well, as it might cause problems for her E3 renewal when my GC is in process. But we are not comfortable both going on H1B as there are lot of ifs and buts whether it is going to be picked and all. With the posts I read on the forum I am getting lot of confidence that GC can be processed on E3 specially in my case (India born so wait is long) and E3 can be renewed.
So my understanding is:
1) Apply for PERM and I140 and wait till date is current to file I485 Adjustment of status.
2) Maintain E3 status by renewing it from time to time.

Please correct me if I am wrong. Some queries:
1) Also what do we mention in the DS160 form for the question "Whether someone has applied for a permanent residence application for you", should we say yes only if the I140 is approved
2) Or should we say yes even if I140 is in process?

Also there is another scenario where I can apply for GC through my sister-in-law sponsoring it through the family route as she is USA citizen. Would still the process be same?

Any feedback on the same would be highly appreciated from people who are in similar scenario and recently in the last 1-2 years renewed their E3 while GC in process after I140 is approved or in process.

Thanks in advance.
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Old Mar 4th 2019, 2:32 pm
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Default Re: Renewing E3 visa when GC in process

Not being snarky but it sounds like you need a more competent immigration lawyer...
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Old Mar 4th 2019, 2:50 pm
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Default Re: Renewing E3 visa when GC in process

I have talked to lawyers and everyone gives different opinions. So I am confused and would like some info from people who are actually in the same boat and have done it. Also the understanding which I derived is from the threads the forums, but the only problem is that all the threads were like at least 5-6 years old and closed. We all know the immigration and visa rules change very often so would like to know the recent stories first hand. I hope this helps.
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Old Mar 4th 2019, 2:53 pm
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Default Re: Renewing E3 visa when GC in process

I can sympathise but your situation seems so specific.
And, most of us, are just lay people with bits and bobs of experience/knowledge
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Old Mar 4th 2019, 3:16 pm
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Default Re: Renewing E3 visa when GC in process

Yes that's why waiting for people who have gone through this scenario to reply to get some confirmation and facts.
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Old Mar 4th 2019, 3:49 pm
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Default Re: Renewing E3 visa when GC in process

I went E3 -> H1B -> Greencard because of the E3 requirements that you intend to leave once you have finished up.

My lawyers stated that there is a very slim possibility that applying for a GC and renewing an E3, shows that you do not intend to leave. Therefore they could cancel or not renew and E3. This could then impact future visas.

Given you were born in India. You may be renewing your E3 several times before a GC is issued. Therefore there is more possibility that the intent may be hardened more thoroughly. Also you will have to state on your renewals that you applied.

The lawyer also also stated that they had people go E3 to GC without any issues.

This was over 8 years ago and E3 was a newish Visa at the time. With the current administration, they could be making requirements that the policies be followed to the rules and not the intent. E3 was based on H1B but some of the intent wording isnt there in the E3.

You say you want your wife to continue working. If she is an Australian citizen. She could get a E3 8s qualified for one. If not then you have to decide H1B and wife not working or E3 and for her to continue to work.
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Old Mar 4th 2019, 5:18 pm
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Default Re: Renewing E3 visa when GC in process

Thanks for the info.
I know 3-4 of my friends who went from E3 to GC but did not have to renew E3.
I have seen on this forum in some of threads mention they renewed successfully E3 while GC in process.
My wife is already on her E3 as she is an Australian citizen, but she will have to go to H1b as well otherwise she will face same problem of renewing E3 as me.
If we decide both to go to H1b then both have to be on H1b before I apply for GC. There is a high probability that we both will not get H1B at the same time.
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