Thething

> thething did you start your process while on H1b and then changed to
> E3? if that the case then it seems possible.. as your process is in
> file while you were on H1b.. because E3 started in 2005 and ur whole
> GC process must have took more than 1 year. So please confirm if you
> got ur labor certification and GC process started while on H1b or E3
>
> thanks for the help
>
> Wakkas

The 'dual intent' issue with E3 hasn't been resolved by the USCIS in my
attorneys opinion. Maybe the US is willing to cut Australians a break
for the moment. I took a slight risk and was successful with my GC
application. As I posted above, I switched to E3 in 2005 after seven
years on H1, and successfully filed for and received a green card in
2006. I was on E status when the PERM/140/485 was filed.

One strategy to protect yourself against losing E3 status is to file a
concurrent E3 for a part-time position. I took an active seat on the
board of a company that I am a shareholder in and they filed an E3 for
me. They paid me for a couple of hours worth of meeting time per month.
As it turned out I never really needed that E3 to save me but it was
worth it for peace of mind.

For Aussies living in the US, I can't stress how important it is to
ensure that you make 100% sure your employer files for your green card
now rather than waiting for later. Don't make the mistake of waiting
even one month! I was offered a green card in 2000 but put it off due to
bad legal advice. It took me another six years to get it eventually,
plus much personal worry and the cost of missed opportunities due to
work restrictions. At worst, if you end up not wanting to stay in the
US, then you can throw your GC out and fly home. Your employer wasted
some money on lawyers and you wasted a few hours at the USCIS. But if
you do want to stay and you don't have a green card, then you are truly
screwed because the E/H/L visa's all have their limitations. I only wish
someone had given me this advice in 2000.

L visa's filing for GC's get it super easy as they don't need labor
certification, so you really have no excuse except ignorance and
laziness. The only possible downside of a green card AFAIK is long term
tax issues and they don't cut in until you have lived in the US as a
resident for eight years. The green card gives you and your family a
load of options and security that H/L/E visa's cannot. You never know
when the door to the US will slam shut. Immigration backlogs are getting
worse all the time. Go for it!

Good luck.

Thing