What do I have to go through when changing an E3 Visa to a H1B Visa?

H-1B generally requires that you enter a selection process with USCIS in March to see whether you are selected to be allowed to participate in the H-1B program if you are working for a private company. That is unlike E-3, which has no limitation on the number of individuals who can participate. The advantage of H-1B is that it is a dual intent visa under which you can intend to immigrate and at the same time be allowed to stay here on a nonimmigrant basis. The E-3 falls within a gray area, under which it can be denied if there is immigrant intent on your part, although it is treated in most cases more favorably than applications based upon visiting or studying. If you are selected, and if you decide to remain in the US, you can apply for a change of status which will allow you to remain in the US when the H-1B takes effect in October or later assuming that you are approved. After the H-1B takes effect, any trips that you wish to take outside the US except to Canada or Mexico for 30 days or less would involve obtaining a H-1B visa in the passport before being allowed to return to the US. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.