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以下是从英文网站查到的信息,的确有争议,已经有人这么做了,但没有明确到底是否可行。
Q: Can I apply for a green card while in E-3 status?
A: The immigration law does not specifically allow for dual intent, i.e., the intent to simultaneously pursue E-3 nonimmigrant and immigrant (green card) status. It is not yet clear how USCIS will view applications for green cards by E-3 visa holders. However, a number of alternative visa options may be available to you. We would be happy to set up a consultation to discuss these options with you.
Hi Guys,
I am a Fiji born Australian citizen working in USA on an E3 visa.
I was wondering if anyone has any input into the following questions:
1. If I apply for the Greencard Lottery, will it affect my E3 renewal?
2. Can I go directly from my E3 visa to a greencard if my employer is willing to sponsor me? Some people suggest going to H1B first but that will affect my spouse's work authorization.
1) As far as I know, no.
2. Yes, many have successfully done so. However, different applicant have different circumstances. But in general you can and there was a memorandum out there saying applying for GC while on E-3 was not the ground for E-3 renewal refusal. However, ther was one pretty neo-classic case used to be discussed here about a GC applicant losing his/her E-3 status after applying for GC. However, it was said that the refusal was because of something else.
从最后的实施效果来看,这种政策对于很多发达国家的人转绿卡轻松搞定,有个印度出生的就很困难直接转绿卡,因此要转入H1B来躲避2年期限。
虽然我比较关心这个问题,但对于我后年去没有任何影响,我从来就没有想拿美国绿卡,因为美国全球纳税,一旦有绿卡就麻烦了,对于我这种只想到美国生活体验下的完全没有影响;我儿子倒很可能可以得到美国绿卡,因为是澳洲出生的。
看来,美国不愧为世界第一强国,在签证类别上下了如此多的工夫,法律体系极其完备,对于借道澳洲曲线到美的,欢迎你来工作,但不可能在绿卡方面得到优待,依然用出生地把你卡到不发达国家阵营。 |
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