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Filed: Timeline
Posted

Adjusting from an E3 is generally no different than adjusting from an H-1B. Your employer will need to file an I-140 on your behalf, and depending on your job and education qualifications, you would fit into a certain preference category.

If you have an advanced degree, there should be a visa number available for you (EB2) currently.

Filed: Citizen (apr) Country: Poland
Timeline
Posted

I am an Aussie, currently working in the States on an E3 visa. This is my third E3 visa. I'm wanting to know what I need to do in order to become a permanent resident? And if it is indeed possible to adjust from an E3 work visa?

You can't adjust because you want to - if that's what you're asking. Need to find employer who will sponsor you.

Posted

One difference between E-3 and H-1B is that E-3 is not a dual-intent visa. This means that if an I-140 has been filed, you might have trouble renewing the E-3, and once adjustment of status has been filed, you'll be "landlocked" in the USA for a couple of months until your advance parole comes through. Not too big a deal, it just means you have to be a little more careful about timing than with an H-1B.

Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

Posted

Alternatively, an H1B visa holder can file for green card without a sponsor (national interest waiver), while as far as I know E3 cannot do that...

What? No. Anyone eligible for EB-2 NIW can file for it, regardless of whether they are in H-1B status, E-3 status, some other nonimmigrant status or aren't even in the US.

Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

 
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