# Which is best H1b or E3 (for Australian Citizens)?



## Shiv11 (Jan 5, 2013)

Hi All,

I hold Australia PR and within a year getting eligible for Australia Citizenship. Currently my H1b has been approved and Stamping is pending.

I am bit confused at this stage that I should go to USA on H1B or get Australian Citizenship and then travel to USA on E3 Visa.

I have permanent job in Australia and working as BI Consultant. In USA, I have been offered Program Analyst position. 

On H1b Visa I have to stick to company for 3 years and If need to go for green card then may be more than 5-6 years and if any thing happens to my job during this period then all lost and need to start green card process again. If companies come to know that you have no other option that sticking to them then employer may misuse and EXPLOIT employee.

I am not feeling secure on H1B compare to E3.

Experts please advise on this so that I can take better decision.


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## BBCWatcher (Dec 28, 2012)

If I understand correctly, if you go to the United States on an H-1B you would miss your opportunity to acquire Australian citizenship. Is that correct?

If that is correct, that doesn't like a great idea -- I share your concern. Citizens of Australia are indeed eligible for the E-3 visa. That visa is renewable indefinitely (in two year increments), and the quota allocations for that visa have not been oversubscribed. There seems to be an ample supply.

I think there's merit in nailing down your Australian citizenship and then deciding what you want to do -- and without any rush.


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## Shiv11 (Jan 5, 2013)

BBCWatcher said:


> If I understand correctly, if you go to the United States on an H-1B you would miss your opportunity to acquire Australian citizenship. Is that correct?
> 
> If that is correct, that doesn't like a great idea -- I share your concern. Citizens of Australia are indeed eligible for the E-3 visa. That visa is renewable indefinitely (in two year increments), and the quota allocations for that visa have not been oversubscribed. There seems to be an ample supply.
> 
> I think there's merit in nailing down your Australian citizenship and then deciding what you want to do -- and without any rush.


Thanks buddy for clarifying this. Yes You understood correctly. I will be eligible for Australia Citizenship in a year and then I am thinking to go on E-3.

But Current situation, my H1B has been approved and stamping is pending. Even I am not sure that If H1b Stamped and then I don't go to USA for a year, How company is going to react? Can company take legal action on me? Do you have any Idea on this?


Another Question: Can H1B stamped on Indian Passport be transferable on Australian passport after getting Australian Citizenship? because after getting Australian Citizenship, my Indian passport will no more valid and then what about H1B Visa (Still valid for next 2 years) which was stamped on Indian Passport? Is that Transferable to Australian passport? If you have any idea on this Please help.

I appreciate your valuable time and thanks in advance.


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## BBCWatcher (Dec 28, 2012)

Shiv11 said:


> Can company take legal action on me? Do you have any Idea on this?


Slavery is illegal in Australia, so you have the right to refuse a work assignment. Unlike, say, wool socks you can refuse to be shipped off to the United States. The company then probably has the right to sanction you in some legal way if they wish. Possible examples (if they wish) include a letter of reprimand, denial of promotion, or termination.

Before worrying about a hypothetical problem, have you discussed this issue with your company -- discussed _postponing_ (not canceling) your U.S. trip? I'm not sure exactly how close you are to Australian citizenship, but note that you and your company might be able to slow down the H-1B path long enough until you can get your Australian citizenship secured.



> Another Question: Can H1B stamped on Indian Passport be transferable on Australian passport after getting Australian Citizenship?


I'm not sure, but I don't think _you_ would want that. The E-3 is quite simply a better visa. However, if the visa is transferrable somehow (it might be), the "worst case" is that you could start on an H-1B and then, if allowed, adjust status to an E-3 status or, failing that, come back to Australia (at the end of your H-1B or before) then apply for an E-3 the next time. It wouldn't take as long to get an E-3 the next time as it did an H-1B. But the important part, I'd say, is to get your Australian citizenship nailed down. I don't think you want to lose your chance to do that if you have your heart set on being an Australian (with the rights, privileges, and obligations associated with that citizenship). There are many good citizenships, and that's one of them, I'd say.

Would you be allowed to go to the U.S. on the H-1B then take a trip (such as a vacation) to Australia to naturalize as an Australian citizen? Probably not -- probably you need continuous residence in Australia and cannot be absent so long -- but if you can still meet the citizenship requirements, great.


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## Shiv11 (Jan 5, 2013)

BBCWatcher said:


> Slavery is illegal in Australia, so you have the right to refuse a work assignment. Unlike, say, wool socks you can refuse to be shipped off to the United States. The company then probably has the right to sanction you in some legal way if they wish. Possible examples (if they wish) include a letter of reprimand, denial of promotion, or termination.
> 
> Before worrying about a hypothetical problem, have you discussed this issue with your company -- discussed _postponing_ (not canceling) your U.S. trip? I'm not sure exactly how close you are to Australian citizenship, but note that you and your company might be able to slow down the H-1B path long enough until you can get your Australian citizenship secured


It is not the same company in which I am working in Australia. The USA company is different and I was trying for PR and H1B both and Got Australian PR first and Now even H1B got approved.

Bit scared that If USA company may take some legal action If I say no to H1B. I have not yet discussed with USA company about my situation and before discussion with then wanted to have some Idea. 



> I'm not sure, but I don't think _you_ would want that. The E-3 is quite simply a better visa. However, if the visa is transferrable somehow (it might be), the "worst case" is that you could start on an H-1B and then, if allowed, adjust status to an E-3 status or, failing that, come back to Australia (at the end of your H-1B or before) then apply for an E-3 the next time. It wouldn't take as long to get an E-3 the next time as it did an H-1B. But the important part, I'd say, is to get your Australian citizenship nailed down. I don't think you want to lose your chance to do that if you have your heart set on being an Australian (with the rights, privileges, and obligations associated with that citizenship). There are many good citizenships, and that's one of them, I'd say.
> 
> Would you be allowed to go to the U.S. on the H-1B then take a trip (such as a vacation) to Australia to naturalize as an Australian citizen? Probably not -- probably you need continuous residence in Australia and cannot be absent so long -- but if you can still meet the citizenship requirements, great.


I wanted to know the transferable option because If I spent time and money in getting H1B now but after getting Citizenship, there is no use of that H1B (because of passport change) then I will not go with this. 

Eligibility criteria for Australian Citizenship is total 4 years Legal resident of Australia and Out of 4, 1 Year on PR. In last 1 year you should not be out of Australia for more than 3 months and in last 3 years you should not be out of Australia for more than 12 months. If I go to USA now then I will not meet Citizenship criteria.


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## BBCWatcher (Dec 28, 2012)

Shiv11 said:


> Bit scared that If USA company may take some legal action If I say no to H1B. I have not yet discussed with USA company about my situation and before discussion with then wanted to have some Idea.


Unlikely, I'd say. (See below.)

Take a look at the I-797 approval notice to see what the expiration date is. That'll give you an idea how long you and your employer can delay -- and you might be able to stretch out things even more than that expiration date suggests. Discuss lengthening the process with your employer and to postpone your start date, consistent with your acquisition of Australian citizenship. If your prospective employer agrees, great, but if not then try to reach the best "divorce" you can consistent with your goals.



> I wanted to know the transferable option because If I spent time and money in getting H1B now but after getting Citizenship, there is no use of that H1B (because of passport change) then I will not go with this.


You're not supposed to be spending money on H1-B visa fees -- not on most of them, anyway. That's illegal. I hope you didn't do that. If you did do that, then your prospective employer was presumably involved in an illegal act and is, thus, legally very unlikely to be able to recover any damages from you.


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## Shiv11 (Jan 5, 2013)

BBCWatcher said:


> Unlikely, I'd say. (See below.)
> 
> Take a look at the I-797 approval notice to see what the expiration date is. That'll give you an idea how long you and your employer can delay -- and you might be able to stretch out things even more than that expiration date suggests. Discuss lengthening the process with your employer and to postpone your start date, consistent with your acquisition of Australian citizenship. If your prospective employer agrees, great, but if not then try to reach the best "divorce" you can consistent with your goals.
> 
> ...


I mean to say Money in the sense fee which I have to pay during stamping (I think 190 $) and most important my time.


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## Bellthorpe (Jun 23, 2013)

I hope you realise that the E3 visa does not allow for change of intent, Which means that technically, you can't apply for a green card.


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## Shiv11 (Jan 5, 2013)

Bellthorpe said:


> I hope you realise that the E3 visa does not allow for change of intent, Which means that technically, you can't apply for a green card.


Yes I am aware of this and I may go on E-3 and then I can come on H1B and then can apply green card if required.

I feel safe If I go to USA on E-3 and then talk to company and come to H1B. I personally feel If one follows this path there is very less risk and chance of exploitation.


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## Meena20 (Jul 22, 2015)

Hi Shiv,

I have currently Australian PR and am planning to apply for H1B. Could you please tell me the process to apply for H1B in Australia and whom to contact for this.


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## Bevdeforges (Nov 16, 2007)

Visas | Canberra, Australia - Embassy of the United States

But I don't think you can apply for a H1B visa. Your employer has to make all the initial inquiries and get work authorization for you.
Cheers,
Bev


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## Davis1 (Feb 20, 2009)

Sreelatha.k2011 said:


> Hi Shiv,
> 
> I have currently Australian PR and am planning to apply for H1B. Could you please tell me the process to apply for H1B in Australia and whom to contact for this.


you don't apply ..the company does

Understanding H-1B Requirements | USCIS


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