Regards

Henry

The USCIS told me about the the premium processing over the phone today. My attorney also told me. It costs about $1200 on top of your filing fee and is actioned within 15 calendar days. They also advised that your employer can call to request an expedited process. I called again this evening to see what another officer would say and again same thing. But this time they told me once the receipt is received of acknowledging your change of employer from USCIS, then send a letter back to the same processing unit (Vermont in my case) from your employer requesting an expedited application….and wait.

D_Shah Can I ask you….did your employer wait for you to come onboard for that 4 month wait period? It’s crazy!

“To change you employers while in the United States on an E-3 visa, you do not need to have another interview or make a new visa application. However, you must complete the transfer process through U.S. Citizenship & Immigration Service (USCIS). Your new employer must lodge a new Labor Condition Application (LCA), and the gap between jobs must be 10 days or less.

Once in the U.S. you are responsible for maintaining the correct immigration status with USCIS. Please direct any inquiries about the transfer process to them. Information can be found on their website at http://www.uscis.gov or you can contact their National Customer Service Center (NCSC) at 1-800-375-5283.

If you have a change in status and exit the United States, you will need to file an application for a new visa. The process for doing this can be found on our website;

http://canberra.usembassy.gov/consular/visas/niv/index.html”

I then followed up with another email and said “Can I work for my new employer whilst waiting for USCIS confirmation?”. They replied with:

“You must have an approved LCA signed by your employer and the Department of Labor”.

So I am assuming that I can. All my research complies with exactly what the USCIS states. It’s quite simple. Well that’s what I’m going with even though my $300 per hour immigration attorney says otherwise.

“If you want to change the purpose of your visit while in the United States, you (or in some cases your employer) must file a request with USCIS on the appropriate form before your authorized stay expires.

In general, you may apply to change your nonimmigrant status if you were lawfully admitted to the United States with a nonimmigrant visa, your nonimmigrant status remains valid, you have not violated the conditions of your status, and you have not committed any crimes that would make you ineligible.”

“Change of Employment
Your new employer must file a new Labor Condition Application and a new E-3 visa application. The gap between the jobs must be 10 days or less.
Note: Form I-129 is used to apply for an extension of stay or change of employment.”

First of all…I found all this information utterly ridiculous and impossible. Secondly…I accepted it and was working my butt of trying to look for an alternate income under the table. How on earth can they expect you to wait up to 3 months…or longer and potentially lose your job?? So my instincts all along have been proven right. They can’t.

I have to emails from the Melbourne US Consultate stating these facts:

1. Your new employer must lodge a new Labor Condition Application (LCA), and the gap between jobs must be 10 days or less.

That meaning you must start work within 10 days. Given the LCA process takes exactly 7 days for approval….10 days is suffice and this now makes sense. I was informed the 10 days was to find another job, apply for the LCA AND lodge your paperwork for a new E3 to USCIS…which is IMPOSSIBLE…but ironically I did do that

And the all important answer to my question about whether I can start work with me new employer…..

2. You must have an approved LCA signed by your employer and the Department of Labor.

This is music to my ears and now it makes sense. I hope this helps other people.

And for the record, I have fought hard for my E3′s. I do not have a Uni Degree and did have a document to equate my work experience to one…which I did myself! I lost my initial job offer after all the processing and approval was done costing me money so bad luck there. Then I came back to the US under a tourist visa and go another job offer…went back to Australia after giving myself a short time frame to return as I’d booked my return ticket and had established myself in the US. The LCA was denied 3 times because of my employer’s errors even though I told therem where the error was, then forcing me to hire an immigration lawyer in Australia to tell them what I had already told them. I had the pending to be approved LCA when I had my interview with the Consultate and it was approved pending approval of that LCA. Complicated stuff I know…trust me… I have earnt a degree in this process alone! So then I come back to the US….assuming I’m going to work for my new employer for the next 2 years. I buy a car, ship over a bunch of stuff AND on my 11th working day I am terminated over the phone by a lady at my job who took a serious disliking to the Australian! No reason…fired. Fortunately…and luck on my side again…the original job offer I had earlier in the year was reinstated to help keep me here. So I already had an LCA for this job. I got an immigration attorney to fill out my Change of Employer I-29 because I did NOT want to take any risks and be thrown out of the US after spending thousands of dollars getting here. So now….I am with a wonderful employer, I’m happy and I’m well educated on the E3. I have spent hours and hours and HOURS on this visa and if I had my time over….I would never gone down this path again. It IS an easy visa, it’s cheaper etc but there’s no concrete facts about the rules and processes…which is crazy.

So if anyone ever has any questions…feel free to ask. Good luck and don’t let anything stop you in this journey….it IS possible.

I’m about to submit a change of employer to the USCIS. I’m told it’ll be a 1-3 month wait period. Can anyone tell me more about this process? I cannot earn money whilst waiting for the new visa right? So virtually I have no income until I hear back and there’s no guarantee of approval right? Is it possible to be paid but have the employer hold back on documenting payment until I have the visa and record it from that date? There’s got to be some way around it to enable people to survive. The 10 day restriction is basically impossible too but I did it. The E3 is and has been a nightmare of battles for me.