Extending, Renewing or Changing Employers on Your E3 Visa

120 Comments

ReneeNYC • May 7, 2009 @10:33 am

Just found your website as I am an E3 visa holder. Very helpful information. Wish I had found it a few months ago.

I am employed by a large entertainment company in NY, and on an E3 visa. It expires June 4th 2009. There was so much back and forth getting my renewal papers ready, that it wasn’t sent to the USICS until April 20th. We haven’t received approval yet, and as you were saying on your blog, it can take up to 8 weeks. So right now I am facing “unpaid leave” if it does not come through.

I would have liked to just go to Canada but my company doesn’t like to do that. And anyway, with the H1N1 virus, Mexico is closed, and so the Canadian consulates are completely booked out. Not one city has an appointment available in the next six weeks.

Anyway, just needed to vent. If you’ve heard of an E3 visa renewal being processed in less than 8 weeks I’d love to hear that hopeful news!
admin • May 8, 2009 @7:31 am

Hi Renee,
Thanks for the complements.
Sorry to hear the situation. Of course it can be done earlier. The problem at this time of year unfortunately is the H-1B visa processing is going on at the same time for the USCIS so usually that means things can take on the long side. However this year it is lighter and very few applications have been received in more recent time. You can also go to place like Bermuda, etc. as well..anywhere outside the US close by but personally I would suggest trying to get a new visa appointment outside the US as it is a little risky trusting USCIS to be timely with anything.
I am sorry I don’t have better news for you.
CJ
ReneeNYC • May 8, 2009 @10:02 am

Thanks for the response CJ. Yes, I agree, they’ve not proved to be timely in the past, so I don’t hold hope for it happening this time!

Have you heard that an E3 can also be “extended” while you are waiting for a renewal/approval notice? I know on an H1B it can be.

I am not sure if this needs to happen simultaneously when they’re filling out the renewal forms, or it’s two applications. Do you know anything about that? My company is so large that I don’t get access directly to the outside counsel to ask questions, so here I am having to see if I can find answers on my own….
admin • May 8, 2009 @6:28 pm

Hi Renee, Yes the H-1B transfer process is supposed to apply to E-3 visas too where you can work while the trasnfer is going on but as it not explicity stated anywhere some USCIS officials say Yes and others say No. In the end if your company allows you to work while your transfer goes ahead you should be fine as long as you don’t leave the country while the USCIS is processing.
I cover the H-1B extension process here; http://e3visa.info/2009/03/08/changing-employers-h1b-visa/.

in the end like I said because it is such a grey area a lot of people tend to be cautious and do the new visa approach but there is no 100% correct answer with this.
CJ
teen • May 11, 2009 @12:21 pm

how are you – I just realised that my E3 visa expires next month and I am really confused how to go about renewing it. Is it risky to just apply for a new one? or is it better to renew? I dont know what paperwork needs filling out – Could you please email me mdickman@reflexgroup.com if you have any help. Thank you
admin • May 11, 2009 @7:27 pm

Hi,
This post you are on pretty much explains the process for renewal which involves filing to the USCIS. With only a month to go there is little chance your approval will come through in time though. The E-3 visa doesn’t explicitly state like the H-1B visa that you can continue working while a renewal is going on and the USCIS people if you call them up will give you different answers about this depending on who you talk too. The best choice that most seem to do is just to get a new E-3 visa as that is the least risky option which just involves doing exactly the same things you did and the company did to get the E-3 visa to begin with. You have to do the visa application outside the US.
Good Luck,
CJ
ReneeNYC • May 12, 2009 @10:49 am

Okay I think I get it. Just to clarify though, you are talking about being able to work while a transfer/application is being processed when you are on an H1B visa.

And these kinds of details are not explicity stated for the E3.

In my case, I’m renewing the E3 visa (as “extensions” don’t really apply, as they do for H1Bs). And you are saying this is basically the grey area, b/c “renew” on an E3, you’d think is the same as “additional 1-3 year extension” on an H1B, since these visas are so similar…and this is a question that you get different answers to if I call the USICS.

Am going to speak to my HR dept and internal counsel about it, so just want to make sure I am using the correct language…

Thank you for taking the time to reply to my posts! It is soooo appreciated!
admin • May 13, 2009 @7:20 am

Hi Renee,
No problem, am happy to help.
Yes you understand correctly, the grey area is being able to work while a transfer or renewal is taking place once the first visa has lapsed. Certainly on the E-3 visa if your visa was still valid you can still world while a renewal is being approved. I mean who knows the USCIS may have clarrified their position now if you call them.
The truth is though even if you renewed your visa successfully still in the US, if you left the US on a holiday, you would have to get a new visa prior to returning anyway as you can only enter the country on a valid visa.
Hope this all helps.
CJ
ReneeNYC • May 13, 2009 @11:47 am

Yes, okay, totally understand now. I’ll ask my internal counsel to press the outside counsel to speak to the USICS on the grey area and whether they’ve clarified it. I think I mentioned too, I asked the lawyer I’d been using for the last six years what he thought (had to use company’s lawyer’s this time though) and he seems to beleive if the form is filled out correctly, that’d be automatically “extended” (similar to an H1B) until the renewal status is decided. So if this is the case, I wouldn’t need to go off the payroll, unless the wrong box was ticked…so I just need to get my hands on a copy of the application I guess. Is the form located online do you know? Can I see if this box exists for myself?

Thanks for all your help! Much appreciated.
admin • May 13, 2009 @6:52 pm

Hi Renee,
Yes good luck with it all. Form I-129 you can view here http://www.visapro.com/US-INS-Forms/INS-Form-I-129.asp but otherwise if you find any new information from USCIS please come back and share
CJ
ReneeNYC • May 18, 2009 @6:07 pm

Hi CJ,

I literally just found out from my internal counsel that the approval came through. In the meantime I’d booked a trip to Canada for June 9th (earliest I could get in), and indeed my internal counsel was going to force unpaid leave on me as of June 4th till the 9th/10th, whenever I got my visa.

Thank the lord for small miracles. I was not super excited about five days in Calgary.

So for reference, it was filed on April 20th, and I received it May 18th. Kind of surprising considering all of the H1B stuff that is going on. An Australian guy over on BritishExpats.com waited six months of his approval for his E3, send to Vermont. That was why i was booking my trip to Canada as the upaid leave thing could have gone on for awhile.

Thank you so much for taking the time to reply to my questions/posts CJ. When you feel so alone during the process it’s so awesome to stumble on sites like yours …and also get personal replies!

thank you thank you
Dean • May 18, 2009 @6:45 pm

Hi There,

I’m in a bit of a jam. I’ve been offered a new position and my new employer is wanting to see what my current employer is going to do RE my visa renewal. I’ve got plenty of time with it only expiring in December but wanted to jump on it ASAP.

My current employer had a meeting with our immigration lawyer and she told us that Canada was out of the question, that too many people have been using closer countries to apply for E3 renewals and so they’ve stopped awarding them. She is however going to apply for an extension for us.

My questions are: is that true about Canada? And what is my best bet for moving to my new employer and getting an extension? Going back to Australia is out of the question cost wise, we’re about to have a baby in August. My new employer is most concerned about my renewal/extension being rejected because I changed jobs.

Should I just get my new employer to apply for an LCA and extension at the same time? I wonder which is my best bet?

All advice appreciated.
admin • May 20, 2009 @8:21 am

Thanks Renee for coming back and sharing, it gives us all hope Maybe it was the fact in 2 weeks in May, the USCIS only received 500 extra H1B visa applications in their busiest time of year normally. Congrats on getting the E3 Visa renewal and enjoy the Summer in NY.
CJ
admin • May 20, 2009 @8:26 am

Hi Dean,
The question about Canada not awarding E3 visas is garbage. The whole point of a foreign US consulate is to assess and award US visa. You can actually see a comment on this post from a girl who got her extension really quickly as it seems the USCIS has little to do with the low numbers of H1B visas.
The change of employer thing is interesting because the grey area is whether you can work while the change approval is going through at your new employer but of course you can still work at your old employer (the h1b visa says this is ok but the e3 visa doesn’t state this explicitly)
Why not get your new employer to apply for an LCA as that should be quick and then apply for the transfer as that processing will be just as quick as an extension.
It is good you are doing this so early so you have a lot of options!
CJ
Deane • May 20, 2009 @10:28 am

Thanks CJ,

That makes me feel a whole lot better. So if I’m understanding right this is probably what I should do:
1 – Get the new Employer to obtain an LCA.
2 – Once that comes through apply for the transfer.
3 – In Novemberish go to Canada for a renewal? Do I do a renewal or just a new visa?

Are there any professionals you would recommend or is this something I really should just do myself?

My new employer has been looking for this position for well over 6 months now. Do you think it would be wise to rather go for an H1-B visa?

Thanks for the help
Deane • May 20, 2009 @10:29 am

I guess one last question I should have asked :
A transfer doesn’t imply an automatic extension does it?
admin • May 22, 2009 @3:35 pm

Hi Deane,
For the first time I think on this site you have asked a question I am not completely sure about. As I understand it a transfer does NOT mean automatically an extension but I could be wrong. I do think you can do it all yourself with your employer as filing the LCA is simple enough to online and you can see what the USCIS extension/transfer documents look like on many sites. To me for almost everything with the E-3 visa, should be lawyerless to save you thousands of dollars. Two things maybe to help you…go to the British Expat Forums as there are Aussies there who may have a very similar situation to you that may have further. If you really do feel more comfortable with a little official legal advice for your process, try visapro.com as it could keep those costs as low as possible.
Good Luck!
CJ
admin • May 22, 2009 @3:45 pm

Oh and by the way…yes the H-1B is an option especially as there are so many left still this year. It will be a more costly option though for your company and lends itself to being more lawyer necessary although people do it without.
TJ • May 26, 2009 @4:07 pm

Thanks CJ for providing such a good place to discuss about E3 issues.

First time I got my E3 was on July 2007, then came to Seattle work for my current employer. 22 months later, I got a better offer from a new employer at US (my current US employer is not aware of this of course), and just about a week ago, my current employer has extended my E3 for another 2 years (submitted extension request at end of April and got it on 20th of May).

I really want my new job, it starts in a month time of so, and I want my “transition” to be as smooth as possible. Applying for a new E3 does not seem to be a good option to me because it requires me to stay outside US for at least a week time. Since I not yet given my current employer my leaving notice, I think I might be able to use it to leverage my time. I’ll hurry my new employer to submit LCA, then wait for a week before I gave my leaving notice (which takes 2 – 3 weeks). By the time my contract ends with my current employer, my change of employer should be at somewhere like 80% if not already approved. Then I’ll start working for my new employer for a week time before my approval arrives maybe.

I’m not likely to travel outside US in the next 10 months, so visa stamp can wait as long as I’m eligible to work in US for the next 10 months. I’ll find a chance later to get my visa revalidated (just don’t want to do change of employer and visa revalidation at once).

My thoughts above might seem to be naive, can you give some advices how can I do this better.

Thanks
TJ
admin • May 30, 2009 @7:54 am

Hi TJ,
Firstly sorry for the delay in replying to your post as have been traveling a lot in recent times. Sounds like you have done really well for yourself in the time you have been in the US. As it stands now with your logic, it is not explicitly stated the E3 visa holders can work while their transfer of employer is going through (like H-1B visa can). So if you call the USCIS about this chances are they will give you lots of different opinions. Look if you really don’t want to leave the US, then delay notifying you current employer for as long as possible so you can immediately transfer to your new employer after the approval from the USCIS comes through. There is no right answer to your situation but with the US Immigration system, I guess time being on your side and playing on the conservative nature of their vague regulations can’t hurt you.
When you do travel outside the US, you will have to get a whole new E3 visa just like you did the first time you got an E3 visa and pay all associated costs for that.
Good Luck,
CJ
PS. I appreciate the kind words as well as it helps keep me going
Deane • Jun 1, 2009 @4:43 pm

Hi CJ,

You’ve been such a help so far. Was hoping I could ask for a little more. So my new employer has submitted his LCA application and we’re waiting on that but there are a couple things I was wondering. Nowhere on form I-129 or it’s instructions does it mention an E-3 visa holder. Is this still the correct form for transferring to a new employer.

The cool thing about that form (If it’s the right one) is that it allows for extension of the visa on the same form.

Thanks so much, Deane
Deane • Jun 1, 2009 @4:48 pm

Hi Again,

I really should do more research before posting questions. I decided to do a random search for E-3 in the instructions and all it says is that E-3 submissions must go directly to the Vermont Service Center so I’m assuming we fill it out like an H-1B Visa transfer.

Thanks again, your website really has been a huge help! Thank you
admin • Jun 1, 2009 @6:49 pm

Hi Deane,
See you didn’t even need me…you helped yourself Hopefully all goes well for your transfer and extension and you have one less concern this Summer!
CJ
Agnas • Jun 5, 2009 @8:13 pm

Hi CJ;

You have a great site – and are very responsive. I am hoping you can help me with my query.

I have been notified by employer that my last day of work is July 15th. However, my visa with my current employer is valid till 2010. Luckily, I have found an opportunity with another firm who are willing to sponsor my E3 visa.

If I am not planning to leave the country, would I still be in status if the new employer has started the application process and submitted my application?

Thanks for your help!
admin • Jun 6, 2009 @1:01 pm

Hi Agnas,
Thanks for the kind words and I will try and answer as best as I can.
I applaud the fact you have found a new employer so quickly from your setback. In technical terms you are not allowed to be out of work I think for 10 days so if you can get the approval within that time for your new employer then you should definitely be fine.
In the case of a pending approval it gets a bit grey with the E3 visa. The H1B visa allows this type of thing but the E3 visa doesn’t specify this explicitly apparently and so it ends up being whoever you talk to at the USCIS as everyone seems to get different answers.
Call the USCIS at 1-800-375-5283 and see what answer you get.
Look in reality I think you will be fine given your valid visa but for peace of mind and less potential questions should you later on become a US permanent resident, it wont hurt to ask.
Let us all know how you go here as your experience will no doubt help others in a similar situation.
Good Luck,
CJ
cc123 • Jun 8, 2009 @3:30 am

Just saw the ’special edit’. I was under the impression that E3 was not subject to TARP restrictions and that it only applies to H1B applicants. Do you know what the situation is with this?
admin • Jun 9, 2009 @12:05 am

Hi,
The E-3 visa is not technically mentioned when they talk about the TARP companies being more restricted and having more hurdles to jump to hire foreigners on visas like the H1B visa in the next 2 years. However this restriction is more PR than anything else and many companies TARP or otherwise are limiting hiring foreigners this year because of the public perception due to so many American citizens being out of work. Even a company like Microsoft who is a big advocate of the H-1B visa and hiring the best foreign talent made a public comment about a hiring initiative being limited in the amount of foreigners it would include.
CJ
CC123 • Jun 9, 2009 @7:09 pm

Hi,

(left a message here the other night – the blog’s disappeared? perhaps it’s just my browser)… either way;

Just saw the ’special edit’. I was under the impression that E3 was not subject to TARP restrictions and that it only applies to H1B applicants. Do you know what the situation is with this?

Thanks!
Emily • Jun 12, 2009 @11:54 am

Hi there,

great site. I have a question about unpaid maternity leave on the E3 and I thought you might be able to answer it for me: is there a limit to the time you can take unpaid maternity leave? The company in question is small–only 6 people–so there is no guaranteed leave under federal law. The only mention I’ve seen on other sites relates to the H1B and seems to imply that you can take the standard leave that the company gives, assuming that the company is officially keeping your job open. I don’t think anyone in this particular company has ever taken maternity leave before, so I guess whatever I manage to organise with the Boss will count as the “company standard”. In your post about losing your job I noted that you suggested unpaid leave with the employer officially keeping the your job open for you as a way of having a longer, legal period in which to line up a new job. It made me wonder whether you knew of any limitations to the period of unpaid leave and whether any forms need to be filed in reference to being on unpaid leave for a substantial period of time.

Thanks in advance for any advice you might have!
admin • Jun 12, 2009 @3:47 pm

Hi Emily,
Thanks for the kind words.
Look in your case, it really ends up being something you arrange with your company. Where this becomes a question you may get asked about in the future is you are applying for Permanent Residency and show them your tax records and it shows a period of time was unpaid and you will have to explain you had approved maternity leave with your company which am sure will be an adequate explanation.
Good Luck with the Newborn,
CJ
Deane • Jun 14, 2009 @1:25 am

Hi Guys,

Just wanted to give a heads up. I ran into a road block this weekend. Was about to resign from my current position with 2 weeks notice so I could move on to my new company. Well the LCA and Transfer aren’t through yet and I was planning on gambling that things were like the H1-B.

I took your advice CJ and called the USCIS last minute. Well it seems they have got their answers straight. I called twice. Both times the initial rep couldn’t help and elevated my call. Both times the immediate answer was no.

One even suggested I just head to Canada and apply for a new E3 there because it’s going to be quicker. I was told 2 months on the transfer. I’m really hoping and praying it’s not the case.

CJ, one question. On the I-129 application it seems to say that the cost would be $750 to file. But under one clause it mentions that a Free Trade transfer is exempt and is only the $320 (I think, maybe $230). Do you know if the E3 is considered an exempt visa?
Deane • Jun 14, 2009 @1:26 am

One last comment about lawyer fees for E3. I went through all my documentation from my first application. Honestly I had 100 pages of lawyer prepared documentation and they took none of it. They wanted the LCA, 156 & 157s. That was it. I think they looked at my letter of offer for about 1 second and my degree for less.
Deane • Jun 14, 2009 @1:27 am

You can tell it’s late. The punch line on that one was that it’s so dead easy to do yourself. Don’t waste your money. CJ you need the “Buy me a Beer” button somewhere on your website.
admin • Jun 16, 2009 @3:38 pm

Thanks Deane. It is great you are posting your experiences on here as it helps everyone who reads it
Nath • Jun 17, 2009 @1:16 am

Hi,

What is this further administrative processing for E3 visa ?

I was working in USA for last 2+ years on E3 visa. I changed my 1st employer my making a fresh application at US consulate in Vancouver Canada and I got the visa stamped on my passport the 2nd day after interview appoinment date. Same was the case when i 1st time applied for E3 visa @ Us consulate in Sydney.

But this time, I left USA on 30th may and now I am in Sydney still waiting to get back my passport after stamping. I appllied for this new E3 visa with a different employer, attended visa appointment interview during 1st week of june and the officer advised that he is going to approve my E3 visa but my application needs further administrative processing which might take 2-3 weeks time. This is the 3rd time I am applying an E3 visa and never before had it taken more than 2 days to get back my passport. Due to this unforeseen scenario, I had to cancel my return ticket to USA causing huge financial hardship and also spending extra days here without any income.

I am just worried and wondering what are they actually doing by saying ‘additional administrative processing’ to take almost 2weeks + when everything is computerised and information are accessible easily.

Pls let me know if u have any idea ???

Regards,
Nath.
admin • Jun 18, 2009 @1:03 am

Hi Nath,
I think the important thing in your case as it seems like you are now on your 3rd employer is that the consular official said your E3 visa is approved. It is a shame that you are going through “administrative processing” but most likely in your case it may relate to your new employer. If they are a newer or smaller company or it is their first time sponsoring a foreigner maybe they haven’t been fully vetted in their systems. With the H1B visa employers under extra scrutiny maybe this is the reason for the extra processing.
Let us all know here how you go.
CJ
Nath • Jun 18, 2009 @1:22 am

Hi,

Thanx for your reply. Yes it was the Officer that I had the interview with whose exact words i quote “I am happy to approve your E3 visa, but on his computer it said the application needs further administrative processing, which might take anywhere from 1-3 weeks”. Thats when he held my passport. I assume if he was going to refuse, he would have given back my passport then and there itself.

Two days back when I enquired about the status of my case by email i got this reply, which i assume is their standard cut&paste reply for any enquiry.
>>>>>>
Thank you for your inquiry.
The status of your case has been reviewed, however, additional administrative processing is continuing. The time necessary to complete the visa administration process varies by case.

We realize that these necessary security measures may affect the travel and study plans of applicants. We will do everything possible to meet the legitimate needs of prospective travelers to the United States within our security procedures and legal responsibilities.

We trust that affected applicants understand that this waiting period is necessary as we strive to ensure the safety and security of the U.S. for all citizens and visitors who live, work, and spend their leisure time in the United States.

While we understand this delay may affect your ability to initiate travel plans to the United States, our procedures are based on legal requirements.

Best regards,

AMVISA
U.S. Consulate General,
Sydney

Note: You should never pay for travel arrangements (e.g., airfare, hotels) without having a visa in your possession. The U.S. Consulate General accepts no responsibility if you do so. We are able to issue most visas within two business days of interview; however, we are unable to guarantee the issuance of a U.S. visa before a fixed travel date. You risk significant financial losses if you ignore this advice.

regards,
Nath.
Tania • Jul 14, 2009 @2:55 pm

Hello CJ,

Thank you so much for this awesome site and information. I wish I had this when I first applied for my E3 but given how much searching I did then I bet it was not yet around.

My E3 is set to expire mid October and I realize now that I better get a move on. I have two questions that I am hoping you can help with:

1) I am a bit confused by something you wrote in the main post here: “Additionally if you have extended your visa or changed employers within the US and then leave the US to travel, you will have to go through the application for a new visa anyway to re-enter the country and thus pay all the consular costs. So it seems pointless given the short duration of the visa for 2 years to pay costs for extension only to have to pay the new visa application costs again.”
Does this mean that even if I go through the long USCIS renewal process and it is approved in good time etc. I would still need to get a new visa if I chose to go traveling say at Christmas time? I am understanding that correctly and if so why is this the case?

2) I will be getting married in the next month (to a non US citizen) and I was wondering if there are any implications with regards to my E3 visa? What if I decide to change my name?

BTW my company’s attorney told me that it would take 3 months to renew my visa (and not the 4 to 8 weeks that has been discussed here).

Once again thank you for this great information service and any additional help that you are able to provide.

Regards,
Tania.
hiral • Jul 17, 2009 @1:00 am

hii.. i like ur blog as its very useful information on E3 visa. we r on E3 visa n wanna to stamp it n we r thinking to go to canada for it.. we have visa till nov,2010. the question is how positive the US consulate overthere? is it safe to go there n have stamping done or wht??? waiting for reply..
Dean • Jul 17, 2009 @12:55 pm

Hi CJ,

I just thought I’d give an update. So… my new company has submitted an LCA about 8 weeks ago and a I-129 about 6 weeks ago. They have not received anything with regards to these. Including the receipt number you need to get any information. They called and were told it could take 6 months for the transfer to be completed.

Of course I am in limbo and getting so frustrated. I urge any of you switching employers to take the Canada route if you can. I can’t my current employer will not give me leave. One thing though I found out, and perhaps you could clarify this CJ. I was told by an immigration consultant at VisaPro that I could get my E3 approved without my family and then just apply for them to get new E3D visas provided they do not outstay their I-94 documents in their passport. In otherwords we could just hop over the border and come back in immediately to make sure that was valid.

This was encouraging because my wife is pregnant, however I’m in the same boat of not being able to take the time off to go to the consular in Vancouver.

If it helps anyone, I found that my cheapest option was to fly to Seattle, hire a car and drive to Vancouver. Hotwire are great in that if you search with a registered user for a few things, then wait a couple days they send you specials that are “just in”. Essentially I was could have gotten 30% off the entire trip.

Long story short. USCIS is slow. Skip them whenever you can!!! I just wish I could get a green card and get on with life.
admin • Jul 20, 2009 @10:12 am

Hi Dean,
Thanks for coming back and giving your update as I am sure your story will help so many people who read this. I am certain it wont take 6 months as that has never happened in all the cases I heard but agree even the 2 months it has taken for you is far too long for a modern advanced nation like the US.
Try and get your employer to sponsor you for a Green Card ASAP and sell it too them that if they do, they will have to never worry about the visa process ever again
Good Luck,
CJ
admin • Jul 20, 2009 @10:13 am

Hi Hiral,
Yes doing your E3 visa in Canada is perfectly fine and many people do it every month.
CJ
admin • Jul 20, 2009 @10:33 am

Hi Tania,
Thanks firstly for you kind words and yes this site has only been around since January and judging by people’s comments, I kind of wish I created it a while back as well .
In regards to your first question you are understanding correctly. If you have your E3 visa extended and then you leave the US after the expiry date of your initial E3 visa then you will need a new one. This is the case with any US visa. The way they look at it is that the Visa is the only valid document for entry in the US while an approved extention just maintains your status and keeps you legal while within the US.
As for your second question, congratulations on your upcoming wedding. There are implication in terms of changing your name on the application forms when you apply for a new visa or if you had changed your name in the past. It may be best for now to either keep your current name at least officially with the US or call the USCIS and see if there is a quick way to reflect this with the US government.
In terms of time, some people I know have had it done in 2-3 weeks where as others a lot longer. A lot of it seems to be luck with how long the approval for extention takes.
Good Luck,
CJ
Tania • Jul 20, 2009 @3:27 pm

Hello CJ,

Thank you for the your clear and full answer to my initial questions and I am relieved that it matches the advice given to me by the company lawyer. I have another question (which is hopefully not a silly one but one that I just cannot figure out).

When exactly does my ability to legally work here in the US on my current E3 expire? Is it on the day of expiry on the visa document in my passport or is it the date on my latest 1-94?

I now understand that the only way I can get back into the country on E3 status after the date on my passport document expires is to apply for a new E3 visa at a consulate in a foreign country but am I OK to stay here and work as long as my I-94 is valid?

Thank you again for your help,
Tania.
admin • Aug 2, 2009 @1:14 pm

Hi Tania,
My pleasure for the answer and I again apologise for the delay as I only just returned to the US now and am working my way through all the messages.
Your ability to work is the dates of your visa and technically the dates you are allowed to remain in the US is what is on your I-94 card. Although often the USCIS officials at the airport or borders often put dates that are incorrect on the I-94 card in relation to the way the visa is supposed to work.
In normal circumstances you are allowed to stay in US as long as the I-94 is valid.
CJ
Cranston • Aug 25, 2009 @12:35 am

Hi Team

Great website! Thank you kindly for taking the time to do this for everyone. It helps a LOT!

First of all, a quick overview of our situation. I received an E3 only valid for 12 months (mistake of the employer) which expires on Oct 31, 09. We married (both Australian) in May this year. My wife now has an E3 spousal but cannot work yet (needs I-539 but we have been told by USCIS that we might as well wait until visa is renewed as the I 539 takes 3 month – so by the time we get it, it will be expiring) BUT our I-94’s are valid till June 10, 2011 (2 years from the last time we re-entered the country – my lawyer said this may happen). Thus from the recent testimony of Tania and advice from CJ I’m starting to get a little annoyed about the process – even if I do extend my visa now – then leave the country, say, 2-months after my existing one expires – I still have to then go through the process of re-application before re-entering. This doesn’t seem to make sense? And because my I-94 is valid for 2 years I could otherwise stay here and work if we didn’t leave – yet my wife couldn’t work although her I-94 is for the same duration as mine…….

Any ideas or advice will be appreciated. I’m trying to avoid expensive lawyers fees this time, if at all possible (but I will confirm everything via quick phone conference and let you guys know if I come up with anything new).

One final question, the I-129 only states “evidence of filing” the LCA – am I correct in interpreting that one doesn’t have to wait to receive the LCA reply?

We also live in Hawaii so just popping out and back is a little more difficult for us.

Thanks again. Cheers

Cranston
admin • Aug 30, 2009 @8:25 am

Hi Cranston,
Thanks for the complement.
Yes the US Immigration doesn’t make practical sense a lot of the time so let’s address your issues in turn.
1. Yes if you leave the country after the expiry date on your visa, even if you extended your E-3 visa within the US, you need to get a new E-3 visa. The logic here is that the visa in your passport is your entry document where as if your status is extended within the US that is just keeping you legal but not a visa as such.
2. Yes your wife’s approval to work is based on your E-3 visa so yes that is very frustrating situation but is the way that process works
3. It is always best to have the original LCA for your interview to avoid any hassles or delays
Hope you are enjoying your Hawaiian experience otherwise but do recommend getting a new E-3 visa for 2 years to at least avoid this hassle for a while and allow your wife to apply for work approval.
Good Luck,
CJ
Vanessa • Sep 15, 2009 @2:37 pm

Hi CJ,
I also want to add my thanks to you for setting up this site to navigate the E3 process. I just wanted to check on the process for the renewal of an E3 if you intend to remain with the company that originally sponsored you.

Does my employer ONLY need to file the ETA Form 9035? Or are there additional forms that we need to complete and filed? Also – do I need to leave the US as part of the renewal process? Many thanks, Vanessa
e3visa • Sep 17, 2009 @10:34 pm

Hi Vanessa,
Thanks for the kind words as well.
With renewal, yes it is for the most part the same process with ETA Form 9035. Now of course the part that differs depends on where you do this renewal. If you are doing this within US, you need to file with USCIS but if you are leaving the US then it is exactly the same as when you first got your E3 visa.
CJ
DB • Sep 21, 2009 @4:10 am

Hi CJ,
This site is by far the best resource for us E3 visa holders. I’d like to add some confusion to the existing gray area surrounding employer transfers.

I spoke with USCIS this week and was put through to a senior consultant like many people have described above. I was told that the process for transferring an E3 to a new employer was this:

1) The new employer files an LCA on my behalf.
2) I was then to file an I-129 myself. This is called “self-filing”.

I was told that it was OK to start work with the new employer once the I-129 was filed. I pointed out the gray area, and she responded that the “must not be unemployed for more than 10-day rule” meant in effect it was practically impossible to transfer employers if I were to wait for I-129 approval. She seemed to think this went against the intent of the visa and that therefore I would be able to start work once my I-129 was filed (like the H-1B). This makes sense to me. She did point out that getting a new E3 would be faster and cheaper though.

So I plan on filing my LCA and I-129 this week, and will start work with my new employer October 1st.

My questions to you: I will be going to Australia for Christmas. If by chance I have yet to get my USCIS approval, should I just go to the embassy and get a new E3? Does it matter that I would have an existing application with USCIS going at the same time?

Also, do I simply fill out an I-129 and mail it in with the money? Are there any supporting documents? Do I get some sort of confirmation that my I-129 is being processed?

Thanks for the help, keep up the good work!
e3visa • Sep 21, 2009 @2:42 pm

Hi DB,

Thanks for the kind words and also for posting your experience as am sure will be so valuable to many people.

As mentioned in the post this is the conflicting messages people are getting depending on who they talk to at USCIS. Either following the explicit letter of the law or the intent of the law. Personally I person you spoke to at the USCIS is how I wish they all were using the common sense of the regulations and following the H1B visa guidelines for the E3 visa in this circumstance.

Now as for your question as certainly understand your desire to be home for Christmas You are going to have to get a new E3 visa I think most likely anyway regardless of the USCIS approval or not as from everything I have heard and understood practically your actual Visa is tied to a company. So while you can swap companies and status fine within the US, the moment you leave the US with the need to re-enter, your visa needs to reflect your current circumstance. As your E3 visa mentions your original company, this will be incorrect once you re-enter after your break. The one small benefit of this apart from the additional cost and hassle should be the fact is you wil have a new actual visa valid for 2 years for multiple entry.

Your I-129 should be fine and it should mention anything else you may need to send but that should be it with the money order. I think you will get a confirmation number back from them soon after and can track your case number online.

Good Luck,
CJ
DB • Sep 23, 2009 @8:59 pm

So I found this great press release from USCIS that explains the I-129 process (http://www.uscis.gov/files/pressrelease/E3_010606PR.pdf):

An alien seeking to be admitted in E-3 nonimmigrant classification at a U.S. Port-of-Entry must posses a valid E-3 visa issued by the U.S. Department of State. Aliens already in the United States may request a change of status to E-3 or extend their E-3 status by filing a Form I- 129 (Petition for a Nonimmigrant Worker) directly with the Vermont Service Center. The cost for filing the request for change of status or extension of stay is $190. In addition to the Form I-129 , applicants must include the following documentation:

• Proof of Australian nationality,
• A letter from the prospective U.S. employer describing the alien’s occupation, the alien’s anticipated length of stay, and salary/remuneration arrangements,
• Evidence that the alien meets the educational requirements for the position to be filled (a bachelor’s degree or higher or its equivalent in the specific specialty occupation),
• Evidence that the alien meets any licensing or other occupational requirements, and
• Evidence that the prospective U.S. employer has filed with the Department of Labor a labor condition application (LCA) specifically designated for E-3 Specialty Occupations.
ReneeNYC • Sep 24, 2009 @9:27 pm

Hi CJ,

Me again.

Just a quick question. Have you heard about how long it takes to get your visa process in Montreal.

I just got an appointment in Montreal to renew my E3 visa. Last time I went to Halifax, and so I know you get your passport back the day after your consulate interview.

In this case, if you recall, i went through the USICS in vermont and got my approval notice, so I am taking all those papers with me to Montreal.

I have an appointment on a Thursday, 29th Oct….any idea on whether I’ll get the passport and visa in it back on Friday? Heard of anyone who’s had it processed in Montreal and whether it also just takes one day?

I don’t want to assume its the same as Halifax. And I saw on another site that someone said it might take 7 days in Canada right now?

Your opinion much appreciated.

Thx!
e3visa • Sep 25, 2009 @11:43 pm

Hi DB,
Thanks for the post as am sure that will help so many people who read this post and your comment!
Thanks,
CJ
e3visa • Sep 25, 2009 @11:46 pm

Hi Renee,
Nice to have you back. I am sure the times to process will be similar as all the Canadian consulates are used to processing the E3 visa and other non-immigrant visas regularly. Given yours is a renewal and you have been approved before as well as your company, that am sure it will be ready in the next day or maximum 2 after the interview for collection or mail depending on their rules.
You can also check this for the official answer; http://www.consular.canada.usembassy.gov/visa_delay.asp
Good Luck,
CJ
Andrew • Sep 28, 2009 @4:08 pm

Hi DB and CJ,

I am a new comer to this forum.I must say you guys are doing a great job at keeping all of us informaed since there are so many confusions and myths about E3 and even two Representatives at USCIS seem to share a different opinion about E3.

I have a question for you.I came to to the US in March 2008 and immediately after coming here had to change my employer since the Company I inteded to work for went Bankrupt.I got my employer changes at Ottawa,Canada.
Since my wife did not accompany me there we both now have different expiry dates on our Visas.Her E3D expires in Jan 2010 and mine expires in April 2010.
My question is can she work till April 2009 when my visa expires or does she have to get her visa extended in January which would mean I would have to renew my Visa prematurely.Would it be OK for the Immigration Officer to renew my Visa 3 months early?
e3visa • Sep 29, 2009 @12:47 am

Hi Andrew,
Thanks for the complements and glad you are enjoying the site!
Congrats on finding a new company so quickly in this economic climate after your initial setback.
If her E3D visa expires in January then technically not only will she not be able to work until April, she will also have technically overstayed her visa. I think work out best for both of you in the longer term to both get a new 2 year E3 visa and it is certainly fine to do it 3 months prematurely.
Good Luck,
CJ
Jan • Oct 8, 2009 @7:56 am

Hi CJ and DB,

First of all, thank you CJ for maintaining such a great website so we can share experience.

I am in a similar situation as many people here — I just found a new job and found I may need to get an approval before starting to work. The new employer is short of hands so they want me to be on board as soon as possible and I told my current employer that I am leaving….

My current visa is not going to be expired until 2011. I called USCIS today but as CJ mentioned before, different people have different interpretations. I looked at the USCIS website again, and it says “Your new employer must file a new Labor Condition Application and a new E-3 visa application.” A new E-3 visa application? Besides LCA, I will also need to fill out I-129 with supporting documents. Is there anything I am missing here?

However, I found I-129 is not friendly for E-3 applicants. For the “Required Action (Question 5), I only see “change of status”, “amend the stay”, or “extend the status”. There is nothing that can let you choose change of employer. For the supplement pages, under the E classification doesn’t include E-3 (Only E1 & E2). So the only place we can fill out is under the Nonimmigrant classification based on Free Trade Agreement section. Please correct me if I am wrong.

DB, could you share with me if your application got approved or if it’s still in process, did you have any difficulties to work for them while the petition is being processed.

Did anyone used “premium processing” or ask USCIS to expedite the application? Did it work?

Any advice or experience sharing is welcomed! Thank you!
e3visa • Oct 9, 2009 @12:54 am

Hi Jan,
Thank you so much for the complements.
1. You just need the LCA and the I-129 to USCIS to change employers
2. For the supplement status page and question 5, I have read many different stories as well where people have crossed out H1B and put E3, etc. but regardless of what a person did it seemed to work fine in the end. Maybe check out the British Expat forums here (http://britishexpats.com/forum/showthread.php?t=443458&page=4) for other experiences on this or even maybe ask a simple question for a smaller amount of money at visapro.com. It’s annoying your new company isn’t helping you with this.
3. As far as I ever heard, premium processing as an option only applies to H1B visa applicants.
Good Luck and please come back and share your experience or ask other questions!
CJ
Steven • Nov 4, 2009 @7:43 pm

Hi CJ and everyone else in E3 land,

After quite a lot of mucking about, I finally got my E3 visa through (on the day I was flying out, with literally 5 minutes to spare!). For the most part, the success of it was based on what I’ve learned from this site.

The only problem I have now is that HR interpreted the “period of intended employment” in a different way than I (and the rest of my department) would have liked. I’m employed to work on a specific contract, which has a set expiry date, but may be renewed. And even if it’s not, they still want to keep me employed, but will find something else within the company. So they intend to employ me for a long long time. However, the date entered on the LCA was the end date of that contract, which means I don’t have a 2 year visa, but only a 3 1/2 month one. (eep!)

So, the lesson for all new E3 applicants is: Make sure the Period of Intended Employment (Item B5 in form 9035) is how long they’d LIKE you to be employed, not how much they can afford to employ you right at this moment. It’s an INTENTION, not a statement of exactly what will happen in the future. They don’t expect you to know the future.

(OK, I’m done venting now…)

So now I have the problem of extending/renewing my E3, which means filling out I-129. I’d got around this last time by shelling out thousands of dollars flying from the US to Australia and back, and applying for my visa in Melbourne. It just seemed easier that way. (Much more expensive, yes, but much easier, and much faster)

Now this is my first time having to fill out the I-129, and already I’ve come across problems.

Section 2 – Basis for Classification. That’s fine – I’m continuing my previously approved employment (Option b)

Section 3 – “If you checked Box 2b (…) give the petition receipt number”
The thing is – I don’t HAVE a petition receipt number!

I can see that I’m probably going to have a lot more hassles with this form as I move down it, so I’m wondering if anyone out there who has been in a similar situation (i.e. just wanting to extend their E3), has a copy of their I-129 that they can replace all of their personal and employer information with fake (John Doe type) stuff that they could share?

Or, alternatively, just a few tips on how to fill out the I-129, since the instructions that USCIS provide are sooooooooooo H1Bcentric.

Steven
Steven • Nov 4, 2009 @8:37 pm

Add to this, I just called USCIS about I-129 requiring a petition number – Despite the fact that the person I spoke to was very helpful otherwise, they told me that they cannot help with any forms, and that I’d have to contact a professional, or community organization, or something along those lines.

So the internet is just such a community organization – and I’m reaching out to you all – If a form requires a petition receipt number, but does not require that a petition be filed, what is one to do?

Steven

P.S. I’m still having trouble writing organiZation, rather than organiSation
e3visa • Nov 5, 2009 @3:26 am

Hi Steven,
I am glad the E3 visa came through on time (just!) and that you achieved your goal. I thank you for your kind words in the small part we may have played here but in the end you certainly made it happen!
You are certainly right about the date part, it is very important to put it for the 2 year period and I would be very annoyed with your HR department for neglecting this especially if they have ever hired any foreigner before as this is the case with any US visa. Hopefully your experience reminds others here of the importance of this.
You should almost have your HR department begin you extension immediately as sometimes it can take up to 3 months to get approval from the USCIS although the more likely time is about 1 – 2 months.
You will have to redo your Form 9035E form as well as am sure you know with Department of Labor prior to the I-129 with the USCIS. I have not had personal experience within US renewal but many on here have.
As there is no petition number associated with an E3 visa application (no filing with the USCIS), maybe you can just annotate this here as E3 visa (no petition number required) and give your LCA number so they can check. Annotations with the E3 visa on official forms is common so am sure this will suffice but certainly good to ask others too.
Good Luck,
CJ

PS. You do get used to back and forth changing of spelling of so many words depending on who you are writing too
Geoff • Nov 8, 2009 @2:34 am

Hello fellow E-3 ers’,

I’ve seen a couple of postings where people are worried that they won’t get their E-3 renewed before the current one expires. The USCIS website says that you can stay for up to 240 days while they process your application.

http://www.uscis.gov/files/article/E1_english.pdf

If I filed for an extension of status for my employee, but have not received a decision by the time his/her status expires, can I continue to employ him/her?
If:
• USCIS receives a Form I-129 petition to extend an employee’s status before his/her status expires and;
• The employee has not violated the terms of his/her status; and
• The employee meets the basic eligibility requirements;
then the employee may continue to be lawfully employed for a
period of up to 240 days, or until USCIS makes a decision on your
application, or until the reason for your requested extension has
been accomplished – whichever comes first.
e3visa • Nov 8, 2009 @2:12 pm

Hi Geoff,
Thanks for coming back. The only problem with that directive is its lack of direct mention of the E3 visa as it really for the H-Visas. Now supposedly where there is nothing directly specified the E-3 visa is supposed to follow the rules of the H-1B visa but in reality it depends on who you talk to at the USCIS or even with Immigration attorneys at large. Both with extension and with change of employer, a few report that do it fine as specified in that directive, others report they are flat out told if they stay beyond date without approval already given they are in violation of their US visa terms, which of course can effect future US visits and visas.
In the end, many opt for prudence as with the lack of clarity around this, you never know who will be assessing a future US visa application you have or who will view your passport and your information next time you come to a Port of Entry.
CJ
SNB • Nov 11, 2009 @2:07 am

Hey CJ

I actually posted my question on another page of your Web site before realizing you had a section dedicated to E3 renewals and extensions etc. So I will post my question here and hope you don’t mind the duplicate post but know you will only (hopefully) answer me once. You are doing a stellar job with this site and helping us with guidance and advice. Many thanks! My question is I got a new E3 about 18 months ago with a U.S. employer that is an affiliate of a big global company and has a legal/hr department dedicated to visas and international employees so they are very accustomed to visa paperwork. I haven’t heard anything about my E3 renewal process which I hope is being started now (my two-year-renewal date is April 2010). So my question is does the company’s legal department just renew the visa and not need to include me or can they actually say no to the renewal? There is no concern about performance. I just wondered if they technically can just let the visa expire? If so, do they need to let me know and how much notice do they owe me if any? I have actually asked this of my manager and she has consulted the department but I haven’t heard back yet so started investigating the Web and saw your tremendously helpful site.

Thanks!
SNB
Davyn • Nov 11, 2009 @2:18 am

Hi CJ,

This is a very helpful website, thanks. I am currently living in NY and have already had my E3 visa renewed once. It is up for renewal again at the end October 2010 but unfortunately I am not going to be in Australia until the end of November 2010 so I’m guessing the best solution is to do a short trip out of America to get it renewed earlier next year…?

Do you have any recommendations as to where the quickest, easiest and cheapest places to go to do this would be? I was thinking either somewhere in Canada or Bermuda but I am not sure that I can get it issued in Bermuda? Is there anywhere that does same-day renewals or anywhere that has the consulate open on the weekend? I will not be able to take much time off at all for this and I know from experience that wait times can be unpredicatable…

Thanks a lot for your help.

Davyn
Kate • Nov 13, 2009 @8:32 pm

Thank you for this site!!! I guess I have taken in so much information I have myself confused. I am currently on an E3 with a smal business which runs out on the 30th January 2010. I am going home to Australia in December should I apply for a new E3 or renew the existing one? Do I need to go though the USCIS if I am renewing? I would love any information on what I need to do and what forms my employer and I need to submit. Thanks, Kate
e3visa • Nov 15, 2009 @2:16 pm

Hi SNB,
Thanks for the kind words and gald it is helping.
In the end it is up to your company (and you to remind them if they don’t) to initiate the process of renewal. If noone does, then the visa will lapse and you will be out of status. They company can say no to a renewal if they don’t want to employ you anymore so technically can let the visa expire.
I would suggest getting the relevant HR/Legal teams starting this process now for you so well in advance, particularly if you plan to do it within the US where wait times can vary in terms of processing from the USCIS and you can read the many different experience in the comments here.
Good Luck,
CJ
e3visa • Nov 15, 2009 @2:20 pm

Hi Davyn,
If that is your circumstance you can also get your visa status extended within the US to take you through November and then get a proper new visa when you return to Australia in November 2010 saving you have to leave the country twice. This would involve your HR/Legal people filing an application with the Department of Labor and then USCIS well in advance of your visa expiry date.
Any US consulate that processes Non-Immigrant visas can most almost always do the E-3 visa as well. Canada is generally a great option though as so many Australians do their E3 visa up there so it is a common occurence for the staff. Each US consulate has their own schedule and wait times and you can check that here (http://travel.state.gov/visa/temp/wait/tempvisitors_wait.php).
Good Luck,
CJ
e3visa • Nov 15, 2009 @2:28 pm

Hi Kate,
I am grateful you are enjoying the site and know that, yes, US Immigration is mega confusing, particularly at first
What you will do is get an E3 visa renewal or or E3R visa. The process and everything that needs to be done is exactly the same as for your initial E3 visa with the company on both theirs and your side. You don’t need to go through the USCIS if you plan to do it in Australia. Your company just needs to file the same form with the Department of Labor to get your LCA and give you all the same other documents they gave you he first time like offer letter. Then you just do exactly what you did in organizing an interview and taking relevant documents to the US Consulate in Australia last time.
Good Luck,
CJ
Davyn • Nov 21, 2009 @6:38 pm

ok, thanks for your help CJ!
Michael • Dec 10, 2009 @6:13 pm

G’Day CJ,

Thank you so much for this wonderful website. I consulted it originally when I was applying for my E-3 in Sydney and it helped me sort out what my U.S. employer had to do to get me over here and the information you provide is above par. Thanks mate.

I am currently in New York and have been for only 5 months but a great employment opportunity has come my way and I cannot pass it by. I have informed my very supportive current employer of my plans and they are 100% with me, saying I may remain under their sponsorship until my other employer takes over. Great situation!

I just want to clarify what is involved within the transfer process. I know it has been touched upon so many times by I want to double check because everyone’s story differs. Correct me if I’m wrong, please.

1. My new employer must file a LCA9035 which can be done online.

2. Once that is approved by the DOL, I can apply for a transfer from USCIS by giving them only the approved LCA9035 and my letter of offer. Is that correct?

It may take several weeks to months to get the transfer completed within by USCIS, so alternatively

3. I can go to a U.S consulate in Canada and apply there with once again the approved LCA9035 and Letter of Offer only.

Do I need to complete a I-129 that I have seen mentioned above????

Thank you for great service you have organised here and I look forward to hearing back from you soon.

Cheers,
Mike
spark1974 • Dec 11, 2009 @4:05 pm

Hi,
This is so helpful and great that people who have no way of getting the procedure can access the info here. Thanks for all the great work on this blog!

I am on an E-3 visa working for a large company. If I want to take a secondment with a different department what procedure and restrictions do I need to follow? Is secondments within the same company allowed? Do I need to submit a new application?

My visa also expires in October-2010 so I need to extend my visa (which I plan to start in July/August). Anything I need to keep in mind re: taking secondment and extending my visa?

Thanks
e3visa • Dec 12, 2009 @3:14 pm

Hi Mike,
Thanks for the kind words and I am glad it was able to help you in some small way during your original E3 visa application as that was certainly the site’s intention.
Congrats on getting to NY and for finding such a supportive employer with your potential new role. That is certainly rare and well done for finding it. You have to complete the I-129 (and pay change application fees) with your approved LCA and other docs to the USCIS if you plan to change employers within the US. Generally in recent times people have found it has taken 2-4 weeks assuming the situation and the company itself is completely legitimate.
If you do go outside the US, then yes the method is exactly the same as your original E3 visa with just the LCA, Letter of Offer and other supporting documents with no need to involve the USCIS.
Good Luck,
CJ
e3visa • Dec 12, 2009 @3:21 pm

Hi Spark1974,
Thanks for the kind words and hope that this site helps you in some small way in your US Immigration journey.
If the secondment is within the same company then there is little need to do anything. If it is with a subsidiary company or different organization, then generally you have to file a new form ETA-9035(e) with the Department of Labor to get a new LCA and then transfer your visa. If it is temporary, I certainly would not worry about it particularly if your original sponsor is still the one paying and employing you. People on work visas transfer and get promoted with organization all the time and is generally seen as natural.
In terms of extending your visa, yes always good to give yourself a few months buffer with the application to the USCIS. As you probably have read if you do extend your visa and then subsequently go overseas somewhere, you will need to get a new E3 visa to be able to re-enter the US as the extension only keep your status current while within the US but is NOT a new E3 visa.
Good Luck,
CJ
Mike J • Dec 15, 2009 @8:26 pm

Hi, after readin all of this info I’m quite confused. I am emplyed by a company I want to leave here in the US. Another company wants to employ me. When I called the USCIS the other day they told me it was a simple process that costs about $700 total. I just file paperwork and it’s approved quickly (whatever that means). I need to have this all done by mid-Jan.

I called a lawyer and they said it would cost $1750 in fees and I would have to launch paperwork with department of labour and then fly overseas to obtain the visa.

I’m not sure who to believe. I want to believe the USCIS as it’s cheaper……please help.

Mike
Brazl • Dec 18, 2009 @2:24 pm

Hi ,
Has anyone done their new E3 in tijuana.
How is the experience.Because I am thinking of going there since its closer to home.
Thanks
e3visa • Dec 19, 2009 @3:59 pm

Hi Mike,
Well I am sure the lawyer you talked too included some sort of legal cost into all of it. The I-129 form you file for transfer with USCIS is about $320 last time I checked if you do a transfer within US. I don’t think there are many actual other costs as the new LCA with the Department of Labor has no charge in this option, although trasnferring within US has a lot of issues around timing so often not desirable.
If as you mention you leave US to do it all, then the only charges are the application costs at the US consulate you go to (and of course all your personal travel costs). The process is exactly the same as when you got your first E3 visa, so no real cost to the employer.
Good Luck,
CJ
e3visa • Dec 19, 2009 @4:05 pm

Hi Brazl,
Many people renew or get their first E3 visas from US Consulates located in Mexico. You will have to ask around for direct experience for Tijuana but am sure if all your documents are in order it should be fine.
CJ
fb • Dec 22, 2009 @3:08 am

I am currently in USA on an E-3 Visa. Similar to Mike (above) I am changing my employer and renewing my visa for another 2 years. I understand that I do not need to leave USA to do this, as my I-129 and accompanying documents can be mailed for approval. However, I am a little confused about how to get the visa printed in my passport. Do I still need to leave USA for an appointment at a consulate to get approval and a Visa in my passport, or do I need to send in my passport with my forms for printing the new visa?

Is it easier to do as Mike (above) was asking… go to Canada with my paperwork and obtain a Visa that way? In that case I would not need an I-129 and would have a DS-160 instead?

Which way would you recommend?

Thanks
e3visa • Dec 22, 2009 @8:01 pm

Hi FB,
You are correct in that you have the 2 option as you stated. One to do it within the US where you file the ETA-9035(e) with the Department of Labor to get your LCA and then additionally file the I-129 with the USCIS and pay the relevant fees. This can take a while to be approved so ensure you do it well in advance.
If you do your renewal outside the US, then yes, there is no filing or fees paid with USCIS. It is just a matter of getting your LCA and doing pretty much the same application you did when you initially got your E3 visa and yes doing the DS-160 online for the US Consulate.
Now to answer both your questions, if you do it within the US, then you do NOT get a new E3 visa. It is what is know as an extension your E3 status allowing you to continually legally work. However if you do extend within the US and then subsequently travel overseas, to reenter the US, you will need to go to a US consulate and get a new E3 visa. So you can see the negative here of doing it within the US being that, you don’t get a new visa in your passport and you will need one if you travel overseas to re-enter US. The positive of doing it within US is of course the lack of travel expenses and time to leave the US just for a visa renewal (of course you could always time this with a vacation).
Good Luck,
CJ
Virginia • Dec 22, 2009 @10:13 pm

Great website! Very useful information. I am going through the process of changing employers at the moment and my employer has never sponsored anyone on an E-3 visa so it’s a bit of a learning curve. It definitely seems that the quickest option is to get the LCA and go outside the country, which is what I am going to do. I have an appointment in Mexico and was wondering if anyone else has gone to Mexico to get their visa?? Any tips, advice etc. would be great.

Also, I have spoken to 2 different lawyers who have said that the E-3 visa has no portability unlike the H1B. This means that it is not automatically extended and you cannot work if your visa has expired or start a new job until your visa is approved. They have both said that the people who man the help service at USCIS are notorious for giving bad advice, so my advice is don’t do accept anything unless it is in writing. Unfortunately for us that is difficult as it seems there isn’t much in writing about the E-3.

Anyways, just though I would mention that. Once again, thanks for all the info. Great to see so many Aussie’s over here too!!
e3visa • Dec 23, 2009 @1:47 pm

Hi Virginia,
Thanks for the complements and glad to have you here as part of the community. Look forward to you sharing your further experiences.
Many people on here have gone to Mexico and successfully got their E-3 visa. Just ensure you have all your documents with you including copies of your degree(s) just in case.
As for the advice you received from the lawyers, they may well be correct, however many people have transferred employers on E-3 visas successfully and extended within the US. You can read a lot of those people’s experiences here as comments on many different E3 visa posts.
Remember it is in lawyer’s interests to say the USCIS is incompetent (which may some people who work there are but certainly not all) because that means someone would be more like to use a lawyer. And in the case of the E-3 visa, the process is so straightforward, that becomes very easy fees for a lawyer.
I am sure these same lawyers would say you can’t apply via your employer for a Green Card while on the E-3 visa either b/c it is not explicitly a dual-intent visa but many people successfully have and with lawyers aiding the process.
I guess my point is for everyone here is that the truth is because many regulations around the E-3 visa are not written it becomes a grey area. Thus often there is no right answer and depending on who you talk too and their experiences they might tell you completely different things.
Good Luck with your change of employers and if it helps point them here to get a bit of background information as have had many employers write comments on posts over time as well as people tell me their employers read the site.
CJ
Jeffrey • Jan 7, 2010 @1:20 am

I’m in Seattle with an E3 visa that will expire in April. It seems that going up to Canada is my best option and i have some questions:

1) I assume Canada will let me into the country with some sort of Visitor/Visa-Waiver, is it safe to declare to the border control officer my intention to apply for a new E3 visa to continue working in the US or should i just be having a sightseeing trip.

2) Can you apply for a new E3 before your active/existing E3 expires? If so, and you are denied the visa would you still be able to return to the US on your old E3?

3) Last time i did my interview in new Zealand but i was unable to schedule the interview when calling from a number inside the US, i had to get a relative there to set it up for me – is this the case for all countries?

4) Do they have to take my passport and mail it to me in a self-addressed envelope i provide or is there some other way – i am concerned because i will not have a reliable mailing address while i am staying there it will probably be in a hotel.

5) How long should i expect to stay in Canada for this whole thing start to end, i will still be employed so the idea is to convince my workplace to give me the time off to go and do this.

Thanks! this site is a life-saver.
chela • Jan 7, 2010 @4:22 pm

thanks for the info, I am going to organise renewal papers today as my visa expires in March.
one question; I left the US in November 2009 for a vacation in Mexico and was told that i could continue working with my current visa for another 2 years from the date of reentry as long as i do not leave the country after march 2010 (if so i would need to vile e3 papers again at a consulate before reentry). This seemed strange to me as the visa clearly states valid to march 2010 yet my reentry stamp states nov 2011. I have had this same conversation with immigration upon previous trips to Italy and Australia. Has anybody else experienced this or can clarify?
Thanks for the info, I appreciate it.
chela • Jan 7, 2010 @4:26 pm

i just read the post about extension VS getting a new e3 from outside the US – yes i travel too often outside the US to bother getting an extension through USCIS and then having to get a new visa next trip! thanks for the info this site is fantastic!
Virginia • Jan 7, 2010 @7:09 pm

Hey,
Thanks for your reply. I have another question, and I apologize if this has already been addressed, but I did scan through the messages and couldn’t see anything.

Do you know what constitutes ‘enough pages in your passport’? I am heading to Mexico in 3 weeks for my visa appointment and have just discovered that I only have 2 double pages and 2 single pages left? Will they consider that ‘enough pages’? I really want to avoid the cost of a new passport at the moment. If it is enough and I get the visa in this passport, say I need a new passport in a year…do I need to get a new visa in the new passport? My passport doesn’t actually expire until 2016.

Thanks,
Virginia
e3visa • Jan 10, 2010 @8:35 pm

Hi Jeffrey,
Thanks for the kind words and glad it is able to help in some way for you.
1. Canada and Australia have a Visa Waiver program so you don’t need a visa to enter Canada as an Australian citizen for 3 month stays. It is up to you what you want to declare but honestly given your intention is to leave Canada and not violate any laws by overstaying or working, etc., they should have no issue. Additionally the path you are treading has been done by so many any way for both initial e3 visas and e3 visa renewals.
2. Yes you can apply for an e3 visa renewal before you current on expires. What happens is they stamp over your old visa stating ‘canceled without prejudice’. If you are denied the e3 visa renewal, technically they don’t have to cancel your current e3 visa if it is not expired. However if they were to outright deny your e3 visa renewal for some strange reason, my guess is they would cancel your current e3 visa too. All of this given you are talking about same employer is very unlikely.
3. With Canadian US Consulates, like Australia, there is an online booking interview time system where you pay a fee and setup a time so you can of course do this from US.
4. I have heard cases in Canada where people were able to collect their e3 visa the following day or day after direct from the US consulate but that might be location specific. You would have to ring ahead to that particular US consulate to find out if that is possible. Otherwise you can give your hotel address as usually they will hold mail.
5. Usually it is pretty straight forward in that yoru e3 visa is processed by the following day and utilizing a form of express mail, the visa arrives the day after that. So all things going well 2-3 business days. However always good to leave yourself a little wiggle room just in case. Your employer really should be understanding as this is part of your ability to work for them. So in reality you should have to waste vacation days on this.
Good Luck,
CJ
e3visa • Jan 10, 2010 @8:42 pm

Hi Chela,
Thanks for the kind words about this site, it is much appreciated.
Yes usually the stamp that the US Border official gives you is 2 years from the date of entry regardless of the date on your visa. I am not sure myself about the rationale surrounding this but I assume it is because it allows your I-94 to still be valid if you do an e3 visa status extension within the US via the USCIS.
However the date that matters in terms of your work eligibility is the date on your e3 visa stamp, unless you have done a e3 visa status extension within the US. However the expiry date on your e3 visa stamp does matter for re-entry into the US and if it has expired (regardless if you have done a e3 visa status extension within the US via the USCIS), you will need a new e3 visa stamp in your passport. So given what you said, it is best to get an e3 visa renewal outside the US.
Good Luck,
CJ
e3visa • Jan 10, 2010 @8:47 pm

Hi Virginia,
You bring up a good point. Your current passport sounds like it has enough pages so that part seems fine.
Now in the future, if you do get a new passport, if your US visa is still current, then that visa is still valid even if you are on a different passport. You just show both when you are entering the US from another country. Just ensure that they don’t cut the specific page your US visa is on in your old passport when you get your new passport as they tend to do signify a passport is old.
CJ
sammyj • Jan 13, 2010 @11:55 pm

Hey everyone!

I must say, this forum is a really important portal that would either cost hundreds of dollars or be done in “lawyer-speak”. Thanks so much for the resource!

So here is a little background.

I came to the US as a grad student back in 2004 and finished my grad degree in 2007. I am currently employed by a company who sponsored me for an E-3 visa when my OPT (optional practical training, a system for graduate students that they get one year of employment after graduating) expired at the end of 2008. I got my E-3 visa when I went back home to Sydney.

The issues:

I have been working for this company for nearly a year on my E-3 visa and the company is not doing well at all. I took a substantial pay cut to work for this company because I was promised work like what I studied for instead of work that I used to do before I came to the US. Now, since the company is in financial trouble they want me to do the work I was previously doing but for no pay increase. I feel very exploited and naturally want to change my employer.

the questions:

So I have been working in the US for 2 years now, one of those on my E-3, my E-3 doesn’t expire until Jan 2011, my I-94 expires on Feb. 14th 2011.

If I decide not to do the underpaid work and my employer fires me how long do I have to find a new job before I am out of status?
What if I change employer?

I love being in the US, but its funny how differently, we, Australians, get treated. Since I am white, speak english (with a funny accent!) people assume that it is easy to live and work here. I have a car, lots of belongings and accrued life accessories that make leaving here a huge pain in the bum! I wish it were easier!

thanks so much once again!

Sam
Bill Smith • Jan 17, 2010 @7:01 am

Hi there,

All great questions & answers in this forum and a wealth of information.

My question is that as an E-3D visa holder, can I hold 2 jobs. I am currently working part-time with Company A and would like to work part-time with Company B. Would this be against the E-3D rules ?? Can I collect multiple paychecks ?? I know the answer for my E-3 spouse is that he can only be employed by the organization specified in his visa but as an E-3D holder, I believe my occupation does not have to be specialized but I”m confused about the ability to work multiple jobs.

Thanks
e3visa • Jan 17, 2010 @11:44 pm

Hi Sam,
Thanks for the kind words and hitting the nail on the head as to why this site exists for everyone and the community all contributing only makes it better for all.
If you leave or are terminated from employment, you are only permitted to be out of work officially for 10 days. So this is very little time at all and why that people who do switch companies do so well in advance.
Changing employers is described here but as mentioned the most common route people take when changing employers on the E-3 visa because of the lack of the explicity defined portability provision the H-1B visa has (this is where a person can begin work at their new employer while their transfer application is being process and thus are not out of work for more than 10 days), is to just get a new E-3 visa. So they just tend to head off to Canada for example and do a new E-3 visa and then commence work at their new employer. This has other advantages compared to trasnfer within the US as it gives you a full 2 years again to travel in and out of the US. Even if you did a transfer successfuly within the US, your ability to return into the US will only be as long as the expiry date on your initial visa.
You are right that people from Western countries are often worngly assumed by locals to have a simple time being able to live and work in the US. I hope all works out for you and you can continue your life here and are rewarded appropriately for your efforts.
Good Luck,
CJ
e3visa • Jan 17, 2010 @11:53 pm

Hi Bill,
Glad you are finding the site useful.
Yes you can hold 2 jobs on your E-3D visa or even more really. The E-3 visa also allows multiple jobs but as you noted these have to be noted on the visa itself.
Yes also your job can be pretty much anything as well that you are licensed to do and someone is willing to legally employ you for.
Good Luck,
CJ
KP • Jan 20, 2010 @4:18 am

Hi there,

Please clarify if anyone from Sydney/Melbourne has got E3 visa’s approved recently. One of my friend told me that there is a new memo out for new H1b Visa or renewals which is affecting new visa’s and renewals. Is this applicable to E3 visa’s too.

http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf

Cheers
KP
CK • Jan 20, 2010 @4:22 pm

Hi there,
Yes, it would be good if we have Green Card and don’t have to go through this process. Does anyone know if E3 visa can apply for Green Card? Anyone has the experience lately? I read some forum mentioned the route change to H1 then apply GC. Any other suggestion? I appreciate your advice. Thanks.

Cheers,
CK
KP • Jan 23, 2010 @1:00 am

Hi CK,

E3 Visa is non-immigrant visa. You can not apply for GC while being on E3 visa. You have to get H1b and then apply for GC.

Cheers
KP
e3visa • Jan 23, 2010 @2:08 am

Hi KP,
That memo certainly does not effect processing of E3 visas or even H1B visas in most cases. Be careful of the loads of mis-information spread about the US immigration system as it is so complex, it is often very misunderstood with a lot of myths floating around. If your employer is fine, your role is fine and you as a candidate is fine, you will be OK.
Good Luck,
CJ
NB: Also note as will post above for CK, the H1B is also a non-immigrant visa like the E3 visa. However you can certainly apply for the green card (at least your employer can on your behalf) on the E3 visa.
e3visa • Jan 23, 2010 @2:14 am

Hi CK,
Yes your employer can apply for a green card on your behalf while you are on the E3 visa. Many people have successfully done this just as you can on other visas. The E3 visa is not a dual intent visa like the H1B visa meaning that it is not explicitly written that you can apply for permanent status while on a non-permanent visa like the E3 visa (and H1B visa) are. However it also states in the regulations of the E3 visa;
“An application for initial admission, change of status or extension of stay in E-3 classification, however, may not be denied solely on the basis of an approved request for permanent labor certification or a filed or approved immigrant visa preference petition.”
This basically means that can’t deny your E3 visa renewal, change or extension solely because you have a permanent residency petition in progress. Therefore many people have applied for the Green Card successfully and I know of a large many personally.
Good Luck,
CJ
CK • Jan 25, 2010 @3:57 pm

Thanks CJ,
Can recommend any Lawyer firm? My email address is CKgamma@yahoo.com

CK
Tanya • Jan 26, 2010 @4:29 am

Hi,

I am an Australian Citizen. I have recently got E-3 Visa and right now I am outside USA.

Due to some personal preferences I have changed my mind now and I am no more interested to work with that employer anymore with whom I applied for E-3 initially. Do I have to inform the US Consulate about this change that I am not going to work for that employer at this stage?

As I already have the E-3 visa, if I want work for a different employer then what do I have to do? Do I have to apply for E-3 visa from scratch?

Also please advice if I can travel on a Visa Waiver Program (for Australian Citizen) while I am holding this E-3 visa?

Thanks,
Tanya Hogson
fb • Jan 26, 2010 @4:41 am

Hi,
I was initially planning to process my Visa in Canada, however, I am considering a holiday to Europe. Is it possible to process E3 Visas in European cities such Frankfurt or Amsterdam, or can I only do it in Canada, UK or Australia.
Thanks for answering my previous questions!
FB
e3visa • Jan 31, 2010 @4:23 pm

Hi CK,
To be honest I can’t recommend any law firms as don’t want to give you anybody I have not used and paid for myself. Hopefully others who have had experiences here on the positive side may respond to you but like I say throughout, the need for the lawyer is generally unnecessary in most cases.
CJ
e3visa • Jan 31, 2010 @4:30 pm

Hi Tanya,
Generally your employer should notify the USCIS of your departure from the company and yes that will make your E3 visa invalid. I am not sure from your post how long you worked at that employer but if it was a really short time and even if it was not, if you were to apply for a new E3 visa at a US consulate, the question about the circumstances of your departure would probably come up.
If your E3 visa is still valid, in that it hasn’t been reported to the USCIS that you have left the company, you could technically re-enter the US. However you are not supposed to be out of work for more than 10 days and also if it is subsequently reported to the USCIS that you have left the company, then you would have maximum 10 days to leave the country and possibly none at all depending on the date they put on the notification. Also re-entering the US on that E3 visa while not working for the company may produce some tough questions and issues both at the port of entry now and in the future and in future US consulate interviews.
So it may be in your interest to find out if your company has notified the USCIS of your departure and if not to get that process underway.
Given what you have told me you would have to apply for a new E3 visa from scratch. In terms of re-entering the US on the Visa Waiver Program assuming your E3 visa has been made valid is legally fine but again the US Port of Entry officer may ask you why you are entering the US twice so soon under different statuses.
Good Luck,
CJ
e3visa • Jan 31, 2010 @4:32 pm

Hi FB,
Generally every US Consulate that process non-immigrant visas should be able to do the E3 visa. However if a US Consulate rarely does a particular type of US visa like the E3 visa that could effect processing times. Also some recent changes in the DS-160 application form you need to fill out may also play a part in the US Consulate locations. The best way to know for sure is to contact that particular US Consulate directly, however would always allow for extra processing time in non regular countries.
Good Luck,
CJ
Davyn • Feb 1, 2010 @12:30 am

Hi CJ,

Do you know of anyone who has got their E3 visa renewed in Costa Rica before? It looks like the consulate is in San Jose and I am heading to Costa Rica on a family vacation so am wondering if that could be a good chance to get my visa renewed. My concern is how long it might take and whether they mail it to me or if I can simply get it done the same day…?

Thanks for your help.

Davyn
HS • Feb 2, 2010 @9:15 pm

Hi,

I just lost my job recently with my E3 Visa. My employer has not filed my case to USCIS yet. Luckily i receive another job offer now but the new employer want me to start working ASAP. I am in Houston now and found out my friend just renewed their H1B in Mexico: Matamoros US consulate.

Just wondering if anyone has tried to apply the new E3 there or is it better go try to do it in canada.

Please help.
e3visa • Feb 10, 2010 @3:07 am

Hi Davyn,
I don’t know of anyone personally who has done it in Costa Rica. As I mention a lot, all foreign US Consulates can generally process any type of non-immigrant visa but you may run into a risk of delay if it is a visa they are not used to processing like the E3 visa. The best thing to do is to look at their website for processing times and method and contact them directly in regards to the E3 visa itself. Sometimes smaller countries due to their lower volume can be quicker than US consulates in larger cities.
Good Luck and would love to hear your feed back,
CJ
e3visa • Feb 10, 2010 @3:13 am

Hi HS,
Sorry to here about your bad luck but congratulations on finding new employment so quickly.
People have successfully received their E3 visa via US Consulates in Mexico but the best thing to do is to contact that specific US Consulate to see how quick and efficient they are with it all. Sometimes if they are not used to processing a particular non-immigrant visa type there might be a delay.
Good Luck and look forward to hearing your story,
CJ
E3DLA • Feb 19, 2010 @9:05 am

Hi CJ

Loving the amount of information everyone has generated here.
Much appreciated!

I’m in the States, on an E3D visa, working with a valid EAD, but my husband is looking at changing employers in the very near future.

My questions are:

a) If he opts to stay in the States, to change his employer details via USCIS, do I need to lodge any forms?

b) If he opts to leave the States to apply for a new visa, do I need to accompany him? Or can I remain here and keep working, as long as he’s back within 10 days?

Any feedback on this would be much appreciate.
Thanks!
Ninjapuppy • Feb 24, 2010 @4:57 am

Hi,

Great information here – thank you for all the effort clearly made.

Here is my situation – about to be laid off (in days) after being here since 06 with two I-129 extensions, I got another job offer today, and the new employer wants me to start ASAP. I recently got married and got my receipt for 485 and 765 applications yesterday.

USCIS told me to file I-129, but this will put me outside of the 10 day gap between jobs. I am still able to be here while my 485 processes though. How long should I expect to wait for the EAD for the 765 (chicago), and what are people’s experiences with timing on the I-129? Can I expedite either of these?

Is the E-3 visa able to be extended if it has expired a few years ago but I remained in status with USCIS or do I need a new one?

Can I demonstrate an intention to leave if I have a pending green card application?

I read somethings about portability being applied to E3 visa holders and some about it not being applied? What is the official stance? I tried to get an answer from the USCIS call center today, but the person I spoke to couldn’t understand what I was trying to ask and was a bit rude (every other time they have been really pleasant and helpful to their credit).

Long story short – how can I start working ASAP for a new employer?

Thanks for your help!
Eric
BigBen • Feb 24, 2010 @7:42 am

RE: COSTA RICA for E3

Hi Davyn,

A mate of mine went to Costa Rica in July and got his new E3 visa processed (his first one, not a renewal). So yes, you can go there, but the officer there (his name is Christopher Kane) will get a huge warning of all the risks, reasons why you should do it in Australia etc. I was going to get mine done there but basically he scared me off so I came over to London where everything runs smoothly. I really think it’s a bit of a beat-up and he just doesn’t want the trouble of having to process a visa he doesn’t do every day. He keeps warning you that he may not be able to adjudicate your education as he is not familiar with Australian universities.

This is what Mr. Kane kept sending me:
“We highly recommend that applicants for E visas apply in their countries of origin or permanent residence. It may be more difficult for visa applicants who are not citizens or legal residents of Costa Rica to demonstrate their qualifications for this type of visa at Embassy San Jose than it would be in their country of residence. Any questions or concerns regarding the qualifications of such applicants may result in unforeseen delays or a refusal of the visa. Such issues would also prevent an applicant from transiting the US en route to another destination, such as Australia, Europe, or Asia.”

However, as I said, my mate got his done in Costa Rica with no problems (after getting the same warnings) and got his visa back the day after the interview. Here are the pros he gave me:
1) Cheap and quick (5hrs) flights down and back
2) Short Wait time (Embassy said 3-5 days but I got it the next day) compared to Australia, London, Canada etc.
3) Cheap Accommodation.
4) It was one of the foreign US embassy that accepted first-time E3 applications. (unlike Mexico)

If you are going to go ahead with the Costa Rican option, the booking process is a pain in the a*se. You are meant to ring the Call Center from the US: 1-866-535-6189, who will sting you $18 and give you a pin number and tell you to send an email to: ConsularSanJose@state.gov to request an appointment, and that you will receive a reply in 3 business days. You won’t get a reply, and you will send another email asking why you haven’t received a reply. He (Christopher Kane) will then email you telling you not to do it in Costa Rica, and you email him back saying you want to do it there and are aware of the risks and he will then email you with a date! My advice would be to just call the San Jose US embassy while you are in Costa Rica and you should be able to get an appointment at very short notice, and then go in with all your documents.

Good luck!

Cheers,
BigBen
e3visa • Feb 27, 2010 @5:52 pm

Hi E3DLA,
Glad you are finiding the community here helpful to you.
If he changes his employer and your E3D visa and EAD is still valid then you will be fine to continue working. However your work authorization period is limited by your visa and the EAD and not his.
If he chooses to apply for a new E3 visa outside the US, then technically your visa becomes invalid as it is dependent on his E3 visa. However in practice it may be OK but it would have been one of those situations that has not happened very much so would not be documented. The best thing to do is to call the USCIS and ask their official opinion on your status in that situation.
Good Luck and let us know what your experience is as it will help everyone here.
Thanks,
CJ
e3visa • Feb 27, 2010 @6:08 pm

Hi Eric,
Thanks for the kind words and congratulations on the marriage.
An E3 status is able to be extended only if you current status is not expired and you approval comes prior to this expiry.
As for E3 visa portability like the H1B visa, it depends on who you talk to as to whether that works in practice as some have found it has where as have explicitly been told not so and had to get a new visa.
In terms of working ASAP, the filings for EAD and I-129 usually seem to take people 1-3 months and there is absolutely nothing you can do to speed up those processes.
Given you have a pending Green Card, i would not leave the US until that is finalized as you don’t want any potential issue getting back in to the US under a different visa status.
So unfortunately all in all I have no real good new for you other than waiting but at least there is light at the end of your tunnel as once you have the Green Card and EAD, life will be a lot easier for you.
Good Luck,
CJ
e3visa • Feb 27, 2010 @6:10 pm

Hi BigBen,
Thanks for sharing your detailed experience as that will be helpful to both Davyn all the rest of the community.
CJ
Davyn • Mar 4, 2010 @1:33 am

Hi Bigben,

Thanks a lot for the info on the E3 process in Costa Rica, it was really helpful. I was really hesitant to try getting my renewal there without knowing anyone who had done it but seeing as your mate even got his first one approved there I think I will give it a try.

Do you know if your mate went in to the consulate the next day or if he got it sent to him (like they do in Aus)? I’m going to be staying in another area of Costa Rica so would hope to go in to the consulate on a Friday and then have them send it to the place I’m staying at the following week…

Thanks again for your help.

Davyn
Mahi • Mar 4, 2010 @5:51 pm

I am an Australian citizen, now I am in USA holding E3 visa.
I am planning to visit India for 3 weeks May 2010 through PIO(Person Of Indian Origin) card .

This would be my first E3 stamping on my Australian passport. As I entered into US 3 years ago with H1b visa on Indian passport and later I changed my status from H1b(Indian passport) to E3 visa(Australian passport) and I never traveled outside of USA since then.

So,
1. Can I get E3 stamped in India as I am visiting India now and I am an Indian origin also holding PIO card?
2. If not do I need to go back to my home country(Australia) for stamping, which would be a very tedious journey at this time?
3. Can I go to CANDA or Mexico?
or
Any specific location for E3 first time stamping

I would greatly appreciate your help. Please guide me here, so that I can plan accordingly.
e3visa • Mar 8, 2010 @1:51 am

Hi Mahi,
You can get an E3 visa stamp in India as the US consulate can usually do any non-immigrant visa so in theory you don’t need to go back to Australia or any other country but Canada and Mexico are options too.
The issue that may arise for you given the background information you mentioned with doing the E3 visa stamp elsewhere lies in the proof of residency abroad and that you intend to leave the US at the completion of your visa period. So it is just a matter of being able to show proof of significant ties abroad to where you consider your home to be if they ask during your US Consulate Interview.
Good Luck,
CJ
BigBen • Mar 8, 2010 @3:14 am

Hi Davyn,

Yes, they send your passport/visa via courier. You just leave your address with the courier like you do in Aus/London/other places. My mate said he got the visa within 2 days.

As mentioned previously, booking the appointment is kind of annoying, but just keep hassling Chrisopher Kane via email ConsularSanJose@state.gov and he will fix you up. He will keep warning you not to do is at Costa Rica, but given yours is a renewal and if you have all your documents in order you will be fine.

Good luck!

Cheers,
BigBen
Mahi • Mar 8, 2010 @4:28 pm

Hi E3visa,

Thanks for the reply. But do you know anyone who has undergone E3 stamping in India. I would be confident about my stamping in India if I can get to know whether anyone has actually got stamped for E3 in India.

Thanks again for the help.

Thanks
Mahi

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