e3geek

Question from Australians in USA, how has your experience been here so far? Do you think you are better off here in US as compared to OZ? Do you earn more? Do you have a better job? Do you live a better life? How do you think you life would change if you go back?

augigi

I can't really do the job in Australia that I have here, so workwise I don't have a lot of choice - my profession is very new in Australia.

Personally, I quite like being the odd man out here, as most people are positive about Australians here. I missed being asked about my accent when I was home for a while! I miss things about each country when I'm in the other.

I would go home, or stay here - I like both. I would be financially worse off at home due to housing costs in Melbourne versus Pittsburgh in relation to my income. I'd rather be in Australia for the healthcare and schooling, esp now that I am having my own kid.

JAJ

The E-3 is a good visa for getting access to opportunities, avoiding the H-1B requirements/quota etc, spouse has work rights, and so on.

But long term, is it really a secure basis to build a life in the United States? Unless there is a clear pathway to a green card.

economy_1

Life in Australia is very expensive. Tax is also high in Australia. Gas is expensive in Australia. I live in Texas which doesn't have state tax. I came to US on E-3 visa but my employer applied for H1B and then green card.I personally feel USD is a lot better (currency wise) because AUD is always 10 cents less which creates a big difference when you are talking in thousands.There are simply lot of options in US. One dont have mandatory/must pay superannuation (9%).If somebody dont want to contribute towards 401(k) or superannuation its his/her own choice in US.

e3geek

Perm residency in USA is a big issue even on H1B.

economy_1

It depends in which category it is applied.EB1C is the best. Also it depends upon country of Birth but since H1B have dual intent one can immediately start working for another employer as soon as he applies for transfer (priority processing).This way most people save going overseas trips or waiting for months of USCIS approval. Negotiate with your US employer (before joining) to start LCA(Perm-Labor Certification) the next day of your arrival in US. Once you have green card/US passport your spouse can work lifelong therefore aim for green card (in my personal opinion).

teza

Actually, the mandatory 9.5% payment is made by the employer, NOT the employee

hungryhorace

And how does one qualify for said category? If you are not a multi-national manager or executive, you're going to be waiting a long time.

Total nonsense.

All visas are dual intent. That the H-1B is 'dual intent' is NOT the reason a holder can start working for another employer once he files for a transfer.

economy_1

Most Packages are offered including super therefore ultimately employee is paying..

economy_1

If somebody is not multi-national manager or executive there are EB-2 and EB-3 options.

All visas are not dual intent.H1B and L1 are regarded dual intent.This is known as "dual intent" and has been recognized in immigration law since passage of the Immigration Act of 1990. During the time that the application for LPR status is pending, a nonimmigrant in valid H-1B or L-1 status may travel on his or her visa rather than obtaining advance parole or requesting other advance permission from USCIS to return to the U.S.

http://www.uscis.gov/sites/default/f...grant_Empl.pdf

H1B supports priority processing (as I mentioned earlier) therefore one can immediately start working for new employers rather than waiting for USCIS approval for months.

hungryhorace

I'm fully aware of that.

Yes. They. Are.


That has absolutely nothing to do with dual-intent.

Can you please stop posting such complete and utter twaddle?

Steve_

No they're not, TN-2 for example requires a visa and is not dual intent. TN-1 doesn't require a visa but 50,000 people have it and it is not dual intent either. I seem to recall there are a few other obscure categories that aren't dual intent either.

But it doesn't really matter and people make WAY too much of a big deal about it.

Immigrant intent is not shown when the employer files the I-140, because the beneficiary has no control over the filing. Immigrant intent is shown when the beneficiary applies for an immigrant visa or AOS. AOS doesn't take very long so all it really means is you can't renew your current non-immigrant status after filing the I-485. But why would you want to anyway?

It's a minor issue.

He's quoting the USCIS manual which says E-3 is not dual intent. So not exactly twaddle.

JAJ

Although EB-3 has a long wait, normally, and even EB-2 can be backlogged at times. Especially for those born in certain countries, including India - and this extends to those who have become Australian citizens. Unless the individual can claim chargeability to another country, such as through a spouse.

It's understood that if an E-3 visa holder applies for Adjustment of Status the underlying visa goes away, so the person needs Advance Parole and does not have as much flexibility if the application is refused. But there are ways to manage that, such as waiting for approval of the I-140 before filing AOS, although this brings risks of its own. It's strongly recommended to develop an individual specific strategy with a competent attorney.

Switching from E-3 to H-1B is often possible but subject to the H-1B quota, and loss of work rights for spouse.

Steve_

Well the usual trick is to renew your non-immigrant status so you have plenty of time remaining before the I-485 is filed, so that would mean the I-140 was filed separately. You have to file separately if it's EB-3 anyway.

augigi

Not sure who you were asking, or if just asking in general.. but for me, I've been here 6+ years on E3 status. I have bought a house and "built a life" here. I would have no problem going back to Australia if required though. Happily my work was willing to sponsor GC... and I ended up getting married to a Yank anyhow.