E-3 > Green Card (through marriage) - E-3 expiring

[mcmeeperson 0]

My case is a bit unique but I'm on an E-3 work visa (have been for nearly 4 years, renewed 2 years ago), and my US citizen wife and I got married last year.  We finally got round to filing AOS in June 2022 and I'm still waiting for my EAD - she is my sponsor.  Trying to work out what to prepare for coming up as my E-3 expires in December.  Do I have to apply for an extension for that in the US, should I apply for an emergency AP to leave and get that renewed?  Unsure what I need to do while waiting for things to progress...  appreciate any advice!

[Chancy 6,243]

5 minutes ago, mcmeeperson said:

I'm still waiting for my EAD

 

Call USCIS and request an expedite for the EAD, based on job loss.  Prepare your employment document and state that your E-3 is expiring.

 

[mcmeeperson 0]

3 hours ago, Chancy said:

 

Call USCIS and request an expedite for the EAD, based on job loss.  Prepare your employment document and state that your E-3 is expiring.

 

Thank you! Will try that and see how I go. I just filed paperwork for I-131 today so hopefully I can get that as well but ultimately having the EAD is the most important thing. Any idea on success rate for people asking for this?

[Chancy 6,243]

1 minute ago, mcmeeperson said:

Any idea on success rate for people asking for this?

 

Many VJ members report getting EAD expedited on the basis of having a job offer.  Examples below.  You can find more with the VJ Search feature.  I imagine the level of urgency would be higher if you are already employed and will lose the job if you don't get EAD.

 

 

[mcmeeperson 0]

On 9/14/2022 at 8:04 PM, Chancy said:

 

Many VJ members report getting EAD expedited on the basis of having a job offer.  Examples below.  You can find more with the VJ Search feature.  I imagine the level of urgency would be higher if you are already employed and will lose the job if you don't get EAD.

 

 

Thank you so much - followed all these steps and my I-765 is now being produced!  Not sure if you or anyone may be able to confirm - now that I do have EAD and I-131 approved, if I leave and re-enter even if my E-3 expires, I should have no issues even though I have applied for I-485?  Technically I'm adjusting status but that status has "expired"?

[Chancy 6,243]

1 hour ago, mcmeeperson said:

now that I do have EAD and I-131 approved, if I leave and re-enter even if my E-3 expires, I should have no issues even though I have applied for I-485?  Technically I'm adjusting status but that status has "expired"?

 

Once you have your EAD card on hand, your immigration status will be something like "EAD holder (AOS applicant)".  No need to worry about your expired E3.  As for leaving and re-entering, you'll be fine as long as you bring your original, unexpired AP when you travel.