I am a US Citizen and applied for my Brothers Green Card file (I-130).
Now my brother, who is an Australian Citizen, is applying for a Work Visa E-3 from Australia.
I was wondering if he will have an issue with E-3 visa application and later renewal, while his I-130 is pending.
Thanks.Thank you for your quick response Mr. Alfonso Caprara, I really appreciate it. So lets say, his E-3 Visa got approved and he is in the USA, and his employer wants to file for his GC based on employment as well (after couple of years working with that employer) (since his GC through I-130 will take more than 10 years), does that create complication or does he need to convert E-3 to H1B in order get eligible for Work based GC application? Thanks in advance for your response.
E 3 is not exempted from INA 214b which means he will have to establish nonimmigrant intent. Giving the fact that the F4 category is very backlogged, the actual opportunity to immigration for him is over a decade away so hopefully your brother will be able to overcome the presumption of immigrant intent.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
No, it should not. Although the Australian E-3 is not exactly an H-1B, the alien only has to demonstrate his or her intent to depart the USA upon termination of E-3 status.
An f-4 petition takes over 12 years for an immigrant visa to become available and if he is here on E-3 or H-1 will not interfere with that or another employment based petition and both will run simultaneously.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline