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I NEED AN IMMIGRATION ATTORNEY ANSWER. GEORGIA. I'VE FILED…

I NEED AN IMMIGRATION...

I NEED AN IMMIGRATION ATTORNEY ANSWER

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

GEORGIA

Lawyer's Assistant: Has anything been filed or reported?

YES I'VE FILED AN I360 FOR CHANGE OF STATUS. I'M A MINISTER ON AN E3 VISA FROM AUSTRALIA

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

YES I HAVE RECEIVED APPROVAL FOR THE I360 AND HAVE 2 Q'S. 1. DO I NEED TO NOW FILE AN I485 FOR THE PR STATUS CHANGE 2. ONCE I'VE FILED THE I485 AM I PERMITTED TO STAY IN THE USA UNTIL THE STATUS CHANGE HAS HAPPENED EVEN THOUGH MY E3 VISA IS SUPPOSED TO BE RENEWED IN JULY 2018.

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Answered in 6 minutes by:
3/10/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,897
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified

Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Sorry for the delay. I just ask that if the news is not good that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

Yes, if you are still in valid E-3 status, you are now supposed to file an I-485 based upon the approved I-360. You should also file an I-131 for an Advance Parole and I-765 for work permit. In about 3 to 5 months after filing, the work permit and Advance Parole (travel permit) should be issued. About 5 to 7 months after filing the interview should be scheduled (though now it is taking longer, so maybe closer to 7 to 9 months). If all goes well, a few weeks later the U.S. Lawful Permanent Residency card (green card) should come in the mail.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,897
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 5 months ago
Hi Guillermo so my Q is if i have filed my i485 and it's pending can i remain in the usa on an expired (after July 18) E3 visa (Australia(
Customer reply replied 5 months ago
or you can call(###) ###-#### either number works. are you calling now
Phone call session started
Customer reply replied 5 months ago
Hi Guillermo, thanks for your time on the phone on Saturday. I have a few follow up questions to ask relating to my E3 and sons R1.
1. I've received an RFE from the DHS for my I-485 and my E3 expires in July. I'll send through my I-765 & I-131 this week but if my E3 expires can I still remain and work on a pending I-485?
2. My son's R1expires in May but his I-94 is valid until November 2019. Can he remain and work on his I-94 while waiting for his I-360 to be approved at which time we will file his I-485, I-131 & I-765?

1) No. We discussed this already. You need the E-3 valid or the EAD approved for you to continue to work.

2) If you mean his R-1 VISA expires, then yes, he can stay. It is his I-94 that controls his stay. The I-360 by itself does not allow him to stay, but if his R-1 reaches long enough for his I-485 to be eligible to file, then he can stay while the I-485 is pending even after his I-94 expires.

Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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Customer reply replied 5 months ago
Thanks Guillermo.I read somewhere that I can remain and work for 180 days (calculated work hours) after my E3 expires. Is this true?
Customer reply replied 5 months ago
Can my son work on his I-94 even after his R1 Visa expires?

No about the E-3 and 180 days. Yes in regards ***** ***** son. His I-94 controls his stay, not the visa. Visa is only for entry. Good luck to you.

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Customer reply replied 5 months ago
ok thanks Guillermo. If I have any other questions I'll let you know. Take care.

My pleasure.

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Customer reply replied 5 months ago
Hi Guillermo, if my I-765 & I-131 haven't been approved by June do I still have the option of filing for an R1 before my E3 expires in July?

Yes, you should still have that option.

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Customer reply replied 5 months ago
brilliant thank you:-)

My pleasure.

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Customer reply replied 4 months ago
Hi Guillermo, my wife has an RFE on her pending I-485 application. She submitted a short form birth certificate from England but the DHS has requested a long form birth certificate which we cannot supply because the British General Register Office cannot find her records. Apart from resubmitting the short form birth certificate with an explanation, can you suggest what else we can do?

All I can point you to is this:

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/UnitedKingdom.html

Check under birth certificates and see what else they will accept.

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Customer reply replied 4 months ago
thank you Guillermo.

You are very welcome.

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Guillermo Senmartin, Immigration Attorney
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