Go Back  British Expats > Living & Moving Abroad > USA > US Immigration, Citizenship and Visas
Reload this Page >

Resigning during early GC process for new position on E3

Resigning during early GC process for new position on E3

Old May 22nd 2014, 11:54 am
  #1  
Forum Regular
Thread Starter
 
malj's Avatar
 
Joined: Jul 2008
Location: San Francisco, CA
Posts: 68
malj has a spectacular aura aboutmalj has a spectacular aura aboutmalj has a spectacular aura about
Default Resigning during early GC process for new position on E3

Hello all, long time member and not so frequent poster here.. I'd love to hear some thoughts on my situation though:

My current employer has finally gotten around to getting the GC process started but it's at the very early stages - the job posting hasn't even happened yet. The truth is, I can't stand my job and have been actively looking for a new position in the same field but an unrelated position. My plan was in the event of a new job being offered to get onto an E3 visa (h1b is one year from max) and just forget about the GC. So the plan would be, get the job and paperwork, resign from current job and fly to Canada for new E3 visa, return and begin new job. Having a new job is more important to me than waiting who knows how long and in any event, I would very much likely get a GC down the road through my girlfriend.

My question is, are there any concerns with this plan? Obviously the GC process would cease immediately which I'm not concerned about. I guess there is the chance the E3 could be denied on the grounds I've been here for 6 years already but I wouldn't think that is likely and frankly would be willing to take the risk anyhow. I appreciate any thoughts!
malj is offline  
Old May 22nd 2014, 12:55 pm
  #2  
Forum Regular
 
Joined: Oct 2013
Posts: 66
zenjabba has a reputation beyond reputezenjabba has a reputation beyond reputezenjabba has a reputation beyond reputezenjabba has a reputation beyond reputezenjabba has a reputation beyond reputezenjabba has a reputation beyond reputezenjabba has a reputation beyond reputezenjabba has a reputation beyond reputezenjabba has a reputation beyond reputezenjabba has a reputation beyond reputezenjabba has a reputation beyond repute
Default Re: Resigning during early GC process for new position on E3

Originally Posted by malj View Post
Hello all, long time member and not so frequent poster here.. I'd love to hear some thoughts on my situation though:

My current employer has finally gotten around to getting the GC process started but it's at the very early stages - the job posting hasn't even happened yet. The truth is, I can't stand my job and have been actively looking for a new position in the same field but an unrelated position. My plan was in the event of a new job being offered to get onto an E3 visa (h1b is one year from max) and just forget about the GC. So the plan would be, get the job and paperwork, resign from current job and fly to Canada for new E3 visa, return and begin new job. Having a new job is more important to me than waiting who knows how long and in any event, I would very much likely get a GC down the road through my girlfriend.

My question is, are there any concerns with this plan? Obviously the GC process would cease immediately which I'm not concerned about. I guess there is the chance the E3 could be denied on the grounds I've been here for 6 years already but I wouldn't think that is likely and frankly would be willing to take the risk anyhow. I appreciate any thoughts!
E3 visa is renewable indefinitely, so no real basis for denial there. As long as you have a LCA and the correct skills I couldn't see you being denied for another E3 visa.
zenjabba is offline  
Old May 22nd 2014, 1:00 pm
  #3  
Forum Regular
Thread Starter
 
malj's Avatar
 
Joined: Jul 2008
Location: San Francisco, CA
Posts: 68
malj has a spectacular aura aboutmalj has a spectacular aura aboutmalj has a spectacular aura about
Default Re: Resigning during early GC process for new position on E3

Originally Posted by zenjabba View Post
E3 visa is renewable indefinitely, so no real basis for denial there. As long as you have a LCA and the correct skills I couldn't see you being denied for another E3 visa.
Cheers, I appreciate the reply. I didn't think so either. Some may say its crazy to leave a GC on the table but I'm not one for being stuck to a job because of it and "held hostage" for 2 years while waiting for it to come through.
malj is offline  
Old May 22nd 2014, 1:03 pm
  #4  
Forum Regular
Thread Starter
 
malj's Avatar
 
Joined: Jul 2008
Location: San Francisco, CA
Posts: 68
malj has a spectacular aura aboutmalj has a spectacular aura aboutmalj has a spectacular aura about
Default Re: Resigning during early GC process for new position on E3

Originally Posted by zenjabba View Post
E3 visa is renewable indefinitely, so no real basis for denial there. As long as you have a LCA and the correct skills I couldn't see you being denied for another E3 visa.
So having been in the US for 6 years (1 on E3 and the last 5 on an H1B) and then going back to an E3 with a fresh job wouldn't be seen as "you've been here too long?" I realize no one can really answer that but I guess that's the inherent risk I'm referring to here. It's a calculated one I am willing to take to move jobs
malj is offline  
Old May 22nd 2014, 2:46 pm
  #5  
crg
American Expat
 
Joined: Jan 2004
Posts: 7,598
crg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond repute
Default Re: Resigning during early GC process for new position on E3

You don't see people getting the "you've been here too long" response when seeking an E. Sometimes an H2B will get that, but not the E. It comes down to whether the person is eligible and qualifies.
crg is offline  
Old May 22nd 2014, 3:03 pm
  #6  
Forum Regular
Thread Starter
 
malj's Avatar
 
Joined: Jul 2008
Location: San Francisco, CA
Posts: 68
malj has a spectacular aura aboutmalj has a spectacular aura aboutmalj has a spectacular aura about
Default Re: Resigning during early GC process for new position on E3

Originally Posted by crg View Post
You don't see people getting the "you've been here too long" response when seeking an E. Sometimes an H2B will get that, but not the E. It comes down to whether the person is eligible and qualifies.
Thanks crg. With surreal timing, I just happened to receive an email from the lawyers this morning asking me to fill out one of their questionnaires. It appears that they are preparing to put me back on an E3 visa. My guess is they don't feel they can get the GC approved through both the job requirements portion and/or the labor testing portion. Do you think this hampers my plan at all? Let's suppose I receive an offer from a new employer in the next several weeks. I would then be in Canada looking to get a visa stamp for their job offer. The fact the current employer would have filed to transfer me over to E3 would not cause any headaches?
malj is offline  
Old May 22nd 2014, 5:36 pm
  #7  
BE Enthusiast
 
Joined: Feb 2011
Posts: 559
zerlesen has a reputation beyond reputezerlesen has a reputation beyond reputezerlesen has a reputation beyond reputezerlesen has a reputation beyond reputezerlesen has a reputation beyond reputezerlesen has a reputation beyond reputezerlesen has a reputation beyond reputezerlesen has a reputation beyond reputezerlesen has a reputation beyond reputezerlesen has a reputation beyond reputezerlesen has a reputation beyond repute
Default Re: Resigning during early GC process for new position on E3

Originally Posted by malj View Post
So the plan would be, get the job and paperwork, resign from current job and fly to Canada for new E3 visa, return and begin new job.
Given that you're already here, can the new (or the old, for that matter) employer not just file to change your status? In general, you don't need to leave the country just because you're transitioning from one status to another.

Of course, if that happens and you do then travel internationally, you would need to obtain the appropriate visa before you try to come back.
zerlesen is offline  
Old May 22nd 2014, 6:14 pm
  #8  
Forum Regular
Thread Starter
 
malj's Avatar
 
Joined: Jul 2008
Location: San Francisco, CA
Posts: 68
malj has a spectacular aura aboutmalj has a spectacular aura aboutmalj has a spectacular aura about
Default Re: Resigning during early GC process for new position on E3

Originally Posted by zerlesen View Post
Given that you're already here, can the new (or the old, for that matter) employer not just file to change your status? In general, you don't need to leave the country just because you're transitioning from one status to another.

Of course, if that happens and you do then travel internationally, you would need to obtain the appropriate visa before you try to come back.
That's true but my understanding is it is much quicker to leave and get a new visa as opposed to transferring it. In my experience with employers, whatever I can do to lessen the handicap of having to deal with a visa the better, including ramp up time to start the job
malj is offline  
Old May 22nd 2014, 8:09 pm
  #9  
BE Enthusiast
 
Joined: Feb 2011
Posts: 559
zerlesen has a reputation beyond reputezerlesen has a reputation beyond reputezerlesen has a reputation beyond reputezerlesen has a reputation beyond reputezerlesen has a reputation beyond reputezerlesen has a reputation beyond reputezerlesen has a reputation beyond reputezerlesen has a reputation beyond reputezerlesen has a reputation beyond reputezerlesen has a reputation beyond reputezerlesen has a reputation beyond repute
Default Re: Resigning during early GC process for new position on E3

Originally Posted by malj View Post
That's true but my understanding is it is much quicker to leave and get a new visa as opposed to transferring it. In my experience with employers, whatever I can do to lessen the handicap of having to deal with a visa the better, including ramp up time to start the job
I know that it is generally possible to work for a new employer while an H-1B transfer/extension is pending. Changing from another status to H-1B can be complicated because of the cap. I have no idea if there are any complicating factors with regard to E-3 status (I'm not Australian so I've never had anything to do with the things except to note that they sound handy), but it might be worth looking into.
zerlesen is offline  
Old May 22nd 2014, 10:58 pm
  #10  
BE Forum Addict
 
E3only's Avatar
 
Joined: Jul 2008
Location: East Bay Area
Posts: 2,192
E3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond repute
Default Re: Resigning during early GC process for new position on E3

Originally Posted by zerlesen View Post
I know that it is generally possible to work for a new employer while an H-1B transfer/extension is pending. Changing from another status to H-1B can be complicated because of the cap. I have no idea if there are any complicating factors with regard to E-3 status (I'm not Australian so I've never had anything to do with the things except to note that they sound handy), but it might be worth looking into.
I think for E-3 you need approval to switch jobs...does not help if papers are filed.

Hopefully more recent development means its possible in the future.
E3only is offline  
Old May 23rd 2014, 12:39 am
  #11  
Forum Regular
Thread Starter
 
malj's Avatar
 
Joined: Jul 2008
Location: San Francisco, CA
Posts: 68
malj has a spectacular aura aboutmalj has a spectacular aura aboutmalj has a spectacular aura about
Default Re: Resigning during early GC process for new position on E3

Originally Posted by E3only View Post
I think for E-3 you need approval to switch jobs...does not help if papers are filed.

Hopefully more recent development means its possible in the future.
E3only! I remember back in 08 when we were both looking at E3s! Hope all is well
malj is offline  
Old May 23rd 2014, 4:51 am
  #12  
BE Forum Addict
 
E3only's Avatar
 
Joined: Jul 2008
Location: East Bay Area
Posts: 2,192
E3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond repute
Default Re: Resigning during early GC process for new position on E3

Originally Posted by malj View Post
E3only! I remember back in 08 when we were both looking at E3s! Hope all is well
Wow, how have you been?

All good here.....will ping you on the side.
E3only is offline  
Old May 23rd 2014, 3:33 pm
  #13  
BE Forum Addict
 
Joined: Apr 2010
Posts: 1,118
retzie has a reputation beyond reputeretzie has a reputation beyond reputeretzie has a reputation beyond reputeretzie has a reputation beyond reputeretzie has a reputation beyond reputeretzie has a reputation beyond reputeretzie has a reputation beyond reputeretzie has a reputation beyond reputeretzie has a reputation beyond reputeretzie has a reputation beyond reputeretzie has a reputation beyond repute
Default Re: Resigning during early GC process for new position on E3

Originally Posted by zerlesen View Post
I have no idea if there are any complicating factors with regard to E-3 status (I'm not Australian so I've never had anything to do with the things except to note that they sound handy), but it might be worth looking into.
The complication is that to change to/renew E-3 status in-country, you need an approved I-129 petition, which adds significantly to the time and cost. Exiting and applying for a new E-3 at consul just requires an LCA, so even with the travel costs, it will probably be cheaper than a COS (not to mention more convenient, as you'll have the new visa in your passport).
retzie is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information -

Copyright © 2022 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.