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Green card E-3 or H-1B

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Hi, 

 

My employer started PERM and the green card process last year. We filed prevailing wage determination (PWD) in Oct-2020 and I believe we're still waiting for approval. I recently won the H-1B lottery for FY2022 so deciding if we should change status of to H-1B.

 

I'm on E-3 and my spouse is on E-3D. She received her EAD (pursuant to E-3D) on so I understand for us moving to H-1B/H-4 (spouse) would cancel EAD she has. The H-4 spouse can only apply for an EAD only when an approved I-140 has been received. I understand this process may take time so I'm wondering if it's best we renew continue on E-3 until we are up to the approved I-140 stage?

 

Thanks in advance. 

 

 

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if you move to H1b she will no longer have E-3 spouse as she is dependent on E-3 primary applicant. H1b even though is applied in April will only start on October 1st. So hopefully your PERM gets approved by that time and she can file for H4 EAD. Slight window where she wont have EAD is possible in your case.

duh

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Filed: K-1 Visa Country: Wales
Timeline

What is the benefit of a H1b vs E3 to you?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I'm really indifferent between H-1B and E-3. The caveat is that E-3 will come with travel restriction (maybe 6 months) upon filing a green card application whereas H1-B does not. We're both fine with the travel restriction.

 

Other issue is the E-3 status can't be extended once green card application has been filed. Looking at the DOL website, PWD + PERM are taking well over a year. This is also assuming there is no audit. So it may take well beyond into 2022 before we have an approved I-140. 

 

There is also an gray where E-3 is non-dual intent. Has anyone successfully applied from E-3 to green card?

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