Work Visa for Australians... Pls help and clarify... "E-3 visa" is this the answer to retrogression in the US...
I heard that E-3 visa is what Australians use (similar to TN visa in Canada & Mexico) to work in the US.
Currently we are in the process of waiting for USCIS petition, we signed a contract last month, January 2008, to work for an agency in the US under I-140 petition.
Due to retrogression. They cannot guarantee how long the processing will take. They said, it may take more than a year or a few years. Now we felt we're going nowhere.
I just want to ask if we can cancel with this Agency, and just fly to the US on E-3 visa with another employer (direct hiring - Hospital), and have our papers fixed over there, from working visa and unto green card.
We are desperate for some answers, please help anyone!!!
Re: legalities of E3 switching to GC. Did you consult to an immigration lawyer regarding legalities of this... and can you still work continuously in the US while you change your status to GC. I would be happy to follow your lead. I will pm you shortly, and ask a few more detailed Q's if you won't mind. Again many thanks...
"There is no issue with having to wait until immigrant visas are available, because the E3 rules state that extensions cannot be withheld because you have a pending GC petition. It's very fast to get the E3 - hospital fills in the labor certification online, then you make the appointment and get the visa. You can get it in about 2 weeks if the hospital is quick."
Thanks for the info Suzanne... I went to search for E-3 visa for Australians and it says it can be granted "indefinitely" and renewable every two years, and yes, you're right the spouse can also work with no restrictions... So I guess, my only concern is if I can obtain GC when it becomes available...
It is not holding up extensions of the E-3, but if I remember correctly, there is a limit as to the number of years that one can remain in the US with that designation.
And not the issue with the E-3 visa, but the fact that the AOS is expected to be on hold for several years. And the E-3 is a treaty visa, so it can get changed at anytime.
Something that was on the website for the US State Dept stated it had a limit of six years, not sure if that is still true or not. Things are always changing in the realm of immigration.
The best part of this visa is that the spouse can work, you do not see that any of the other treaty visas. Even the L-1 has restrictions now with the spouse working in many cases.
Hope that this works for you. :wink2:
Where are you planning to work and do they have uncapped H1-B visas available for that facility otherwise?
Thanks for the info Suzanne... I went to search for E-3 visa for Australians and it says it can be granted "indefinitely" and renewable every two years, and yes, you're right the spouse can also work with no restrictions... So I guess, my only concern is if I can obtain GC when it becomes available...
As far as I know, The E3 visa has a no immigration intent clause as req't for issuance and renewal as elmar22 has previously posted. Which may be the reason why they made it as renewable every 2 years, indefinitely (until the treaty lasts that is) in the first place. There is always a catch. And I figure this is also the reason why your lawyer prefers the H1B, because the H1B is allowed dual-intent and I'm presuming your lawyer is also considering that you already filed for I-140 for consular processing route w/c may be interpreted by some as having an immigration intent already regardless if it actually pulls through or one cancels it.
Do applicants need to demonstrate a “residence abroad?”
E-3 status provides for entry on a non-permanent basis into the United States. Similar to E-1 and E-2 visa applicants, the E-3 must satisfy the consular officer that s/he intends to depart upon termination of status.
Can I renew the E-3 visa? Is there a limit to the amount of times I can renew?
E-3 applicants are admitted for a two-year period renewable indefinitely, provided the alien is able to demonstrate that he/she does not intend to remain or work permanently in the U.S.
I'll be having a telephone interview on Wednesday with my immig. lawyer. I'll have to clarify if that hospital is H-1b cap-exempt since they are a Non-profit Hospital. See how we go on the interview.
Hope that this works for you. :wink2:
Where are you planning to work and do they have uncapped H1-B visas available for that facility otherwise?
I wonder then how those people you know went around one of the main requirements of the E-3 visa-that you have no intention of staying indefinitely in the US. When you adjust to GC, you are actually intending to stay in the US indefinitely...I would love to know how any lawyer could have gone around that requirement using an E-3 visa. Remember that they probably were able to adjust successfully from E-3 to GC when there was no retrogression.
All you are required on E3 status is to state to a consular officer that you will leave the US when you no longer have a legal status. There is NO requirement to maintain a residence outside the US, and as the E3 is indefinitely renewable, there is NO need to have any intention NOT to stay in the US indefinitely -- as long as you agree to leave when you no longer have status. There is no limit to the length of stay or number of renewals.
By the way, I'm not talking "someone I know who knows someone else", I am talking about people I personally know who have successfully adjusted status. They were not affected by retrogression because they applied in EB1 or EB2 categories of GC.
I can't imagine why people are so negative about this, when it's an opportunity to spend a few years working overseas, which is what many people want to do. You can be deported with a green card as well, so that's not unique to a working visa. The only people safe from deportation are USC's.
All you are required on E3 status is to state to a consular officer that you will leave the US when you no longer have a legal status. There is NO requirement to maintain a residence outside the US, and as the E3 is indefinitely renewable, there is NO need to have any intention NOT to stay in the US indefinitely -- as long as you agree to leave when you no longer have status. There is no limit to the length of stay or number of renewals.
I can't imagine why people are so negative about this, when it's an opportunity to spend a few years working overseas, which is what many people want to do. You can be deported with a green card as well, so that's not unique to a working visa. The only people safe from deportation are USC's.
Have you actually experienced what you have mentioned in your first paragraph?...I mean have you started adjusting your status into GC with an existing E-3 visa?...or have you actually consulted an immigration officer about this?..It seems too good to be true...You mentioned "there is NO need to have any intention NOT to stay in the US indefinitely". What is the purpose then of having some E-3 visa requirements?..It is true that currently, there is no limit in renewing the E-3 visa, but you have to remember that government changes..Australia just had a new government and the US will definitely have a new one this year. Both governments can just change or totally end this E-3 treaty visa anytime soon.
It is not being negative about the E-3 visa but being in the safer side in the future in selecting a visa for the US especially if you have a family. I would rather have my employer petition me for a GC visa (enjoy life in Australia for a while - it's still a lucky country anyway, so it doesn't matter if we have to wait for five years!), than go to the US in two months time and worry in the uncertainty of renewing our E-3 visa every two years.
Yes, I have personally experienced this when I spoke with a consular officer. I have also read the USCIS memo about E3 issuance and reasons for denial.
So what if the US government changes.. do you really think they'd repeal the Real ID act after 3 years? LOL.. I don't.
Fair enough if people have a family they may want more certainty, but I'm thrilled to be working in the US and happy to have a way to do it.
Yes, I have personally experienced this when I spoke with a consular officer. I have also read the USCIS memo about E3 issuance and reasons for denial.
So what if the US government changes.. do you really think they'd repeal the Real ID act after 3 years? LOL.. I don't.
Fair enough if people have a family they may want more certainty, but I'm thrilled to be working in the US and happy to have a way to do it.
Well, what else can I say but goodluck when you'll apply for AOS from E-C into GC visa...I rest my case.
You seem to have missed my point that I don't want a green card, but thanks anyhow :)
Of course you don't want a GC at the moment (because you will break the condition of your E-3 visa if you want a GC now and you will be sent back to Australia)....G'day mate.:wink2:
Of course you don't want a GC at the moment (because you will break the condition of your E-3 visa if you want a GC now and you will be sent back to Australia)....G'day mate.:wink2:
Hardly - you can't be deported for what you want, only what you do.
We don't usually say "g'day mate" at the end of a sentence...?
.thumb.gif.11fa0ddb3aacfb1b3953bc671abcfb7e.gif){kind=avatar}
dream2006
7 Posts
Thank you so much for a very useful info.
Re: legalities of E3 switching to GC. Did you consult to an immigration lawyer regarding legalities of this... and can you still work continuously in the US while you change your status to GC. I would be happy to follow your lead. I will pm you shortly, and ask a few more detailed Q's if you won't mind. Again many thanks...