E3 to GC without H1

[L1A_asp]

Can someone with E3 ( Austrailan citizenship, indian born) apply for GC via EB2 OR EB3 without switching to H1?

[newacct]

Sure, as long as an employer petitions them and offers to employ them after the immigrate. In fact, they can be petitioned even if they have never been to the US. Note that since their country of chargeability is India, there will be a long wait for visa numbers in EB2 or EB3, and they may or may not be able to stay in the US that whole time.

[L1A_asp]

thank u ...i thought E3 is not dual intent visa...hence no scope for gc

[flyingron]

It isn't, but that's not necessarily disqualifying here. If you are going in on one of the EB2/3 labor categories, you can qualify even on the E-3. The H1B/L1 dual intent gives you a broader number of opportunities to convert.

[shiva_82]

Sure, as long as an employer petitions them and offers to employ them after the immigrate. In fact, they can be petitioned even if they have never been to the US. Note that since their country of chargeability is India, there will be a long wait for visa numbers in EB2 or EB3, and they may or may not be able to stay in the US that whole time.

Learnt something new today that regardless of your citizenship, it's your country of birth that determines your chargeability. I was always thinking if someone had received Canadian citizenship, even if they are from India, they can get GC sooner based on their citizenship status.