E3 visa tagging spouse' GC 485

[chenmenis]

Hello,

If I am on e3 and my spouse on track to gc (via h1) Can I tag along AOS when she files I-485 and Is there any issues with renew E3 after that?

[newacct]

Yes. You wouldn't renew E3 after that.

[chenmenis]

Yes. You wouldn't renew E3 after that.

So ideally we should file I-485 when PD is current and use EAD maybe? Otherwise I can not work.?

[inadmissible]

E visa applications, E status, extensions, change of status to E, as well as admission to the United States on an E visa all require overcoming the presumption of immigrant intent

You may not be able to meet that burden once your spouse seeks permanent residence by filing for adjustment of status

Your best bet would be to adjust your status as her derivative, and apply for employment authorization on the basis of your adjustment of status. You will have to time it correctly so that you don't travel until your EAD/AP combo card arrives

[chenmenis]

Would it be possible to file i485 and then drain the current E3 until it expires and then switch to spouse derivative ?

E visa applications, E status, extensions, change of status to E, as well as admission to the United States on an E visa all require overcoming the presumption of immigrant intent

You may not be able to meet that burden once your spouse seeks permanent residence by filing for adjustment of status

Your best bet would be to adjust your status as her derivative, and apply for employment authorization on the basis of your adjustment of status. You will have to time it correctly so that you don't travel until your EAD/AP combo card arrives

[inadmissible]

You would then lose your privilege of working in the United States

In order to work uninterrupted, you will want to apply for your own adjustment of status at least 4 months prior to your E visa status expiring. You will not be able to travel until your AP/EAD is approved, but at least you can work