Extending, Renewing or Changing Employers on Your E3 Visa

The E-3 Visa is interesting in that so much of it is undocumented fully related to change of employers, switch to permanent residency, the renewable indefinitely clause, being and working in the country legally while transfer is occurring with USCIS, etc.

However a common question we get asked is the process of renewal or extension of the E-3 Visa. To be honest, practically it seems like most people whether extended, renewing or changing employers just file a new application and get a new E-3 visa overseas. Many do it in Canada as it is close by.

The main reason being that it is more costly to apply for extension of your E-3 visa and the processing times for extension and change of employer that have to be done with USCIS and can potentially take many months. Generally it seems to take 4-8 weeks but even so that can present problems with your status in the meantime if you are not still employed.

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.

There is no limit on the number of years an Australian national may hold E-3 status. Initial admission as an E-3 can be up to two years; extensions of stay are granted in up to two-year periods

E-3 beneficiaries may obtain a new period of E-3 admission at a U.S. consulate overseas, or may extend E-3 status by having their employer file an extension request with USCIS. Extension requests may be filed as early as six months before the current stay expires, and should be filed as far in advance of the E-3 expiration as possible.

As we said it is a grey area as to people E-3 status are permitted to continue working while the E-3 extension or change of employer application is processing if the current visa is expired.

Many at USCIS will tell you it works like H-1B which means you can as that is what visa the E-3 was modelled on and uses many of its terms and conditions except when specified otherwise. However others telly because it is not specifically writen anywhere this is not the case.

So your employer prepares a new Form ETA 9035 Labor Condition Application (LCA) if you are just going to do a new E-3 visa via a renewal or change employers and get a new visa.

If extending the stay through USCIS, your employer has to prepare a new Form ETA 9035 Labor Condition Application (LCA) and Form I-129. There are filing fees for the I-129 form.

USCIS sends Form I-797 Approval Notice to the employer or attorney of record as notification of the decision on the extension request.

I hope this best answers this weird part of the E-3 visa terms of operation and I wish you well in either your;
– renewal of your E-3 Visa
– extension of your E-3 Visa
– change of employer of your E-3 Visa

CJ

SPECIAL EDIT: FIND OUT THE COMPANIES THAT YOU PROBABLY SHOULD NOT APPLY TO THIS YEAR BECAUSE IT WILL BE ALMOST IMPOSSIBLE FOR THEM TO HIRE FOREIGNERS ON E-3 VISAS

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350 thoughts on “Extending, Renewing or Changing Employers on Your E3 Visa

  1. Hi

    I am going through the trials and tribulations of renewing my E3, and have an appointment in Ottawa soon to do so. My question is whether I can add my wife to the interview for her E-3D, as we were unable to do this when I did my original appointment due to child care issues.

    I am very keen to not lose my appointment, as suddenly they are all mid to late October (as opposed to y current mid September one)

    thanks in advance

    Peter

  2. Hi CJ, thank you for the great site! I am considering changing employers by applying for a new E-3 visa in Toronto. Consulate website, however, seems to suggest that they want to discourage people from doing that, e.g., “It is usually more difficult for short-term visitors to Canada to demonstrate that they qualify for a visa and are often refused” (see the full excerpt and source below).

    I am curious if there is any indication that you are aware of that as of recent consulates in Canada make it more difficult to apply for E-3s there?

    In terms of proving significant ties to home country, do you think it is safer to apply back in Oz? i.e., are the chances of running into issues likely to be lower when applying in Oz?

    Source: http://toronto.usconsulate.gov/visas/advice-for-visa-applicants.html

    It is generally advisable for short-term visitors to Canada to apply in their home country for a U.S. visa.

    If you have no long-term status in Ontario (i.e. you are a visitor and not a permanent resident, immigrant, refugee, student or worker in Canada), the best place to apply for a U.S. visa is in your home country. It is usually more difficult for short-term visitors to Canada to demonstrate that they qualify for a visa and are often refused. The U.S. embassy in your home country can provide visa information specific to your nationality. Here is a full list of U.S. embassy websites.

  3. Which visa should I apply for when wanting an E-3 for a new employer: “RETURNING E3 (E3R)” or “AUSTRALIAN IN SPEC. OCCUPATION (E3)”? I presume the latter. What is E3R?

  4. CJ,

    Great job on the site!

    Like you I have been through 3 E3 visas, and whoaa what a pain in the neck it can be. However every employer I have had has been nice enough to consult with a immigration attorney, which i have to pay for.

    More recently, my current E3 expires at the end of November, approx 2 months, my employer and immigration attorney have all my paperwork prepared. To either go to Canada and apply for a new E3 at the US Consulate, or, file and extension through the USCIS.

    The waiting time through the USCIS is a mystery, and calling them isnt always trustworthy, as they are just customer service reps. not real USCIS employees who make the decisions. That being said, i have done alot of research on whether the 240 day rule applies for the E3 visa, IT DOES NOT! It does for the E1 and E2, but not the E3.

    So seems like the best logical thing to do is to go to Canada and apply for a E3 visa all over again, more money and more time!

    Im interested to know what experiences people have had when applying for their E3 in Canada. what Consulates are best to do so at? Do they send the ‘hopefully’ approved E3 to the hotel ill be staying at? I understand that I will re-enter the country under my NEW E3.

    Any help would be appreciated, as all the E3 visas i have had in the past, i applied for and was approved in Melbourne. Im nervous about the trip to Canada.

    Thanks!

    Aaron

  5. I have a new employer looking to sponsor me, do they need to only get a new LCA ( form 9035) or do they need the form I-129 as well?
    Please let me know asap.

  6. @ Aaron and Jo

    I am in a similar situation and want to apply for a new E3 VISA at Canada – can you please let me know your experience if you went to Canada and if it was accepted:
    I did see on the website”:
    Who May Not Apply for a Visa at an Embassy or Consulate at the U.S. Border?

    Individuals who have been out of status in the U.S. because they violated the terms of their visa or overstayed the validity indicated on their I-94 are not eligible to apply at a U.S. Embassy or Consulate at the border. In other words, if you have remained in the U.S. longer than the period authorized by the immigration officer when you entered the U.S. in any visa category, you must apply in the country of your nationality or legal permanent residence. If you are not certain about your status, check with the nearest U.S. Citizenship and Immigration Service office.

    U.S. Embassies and Consulates routinely do not accept applications for “E” visas from third country national applicants who are not resident in their consular districts.

    My email is little_bunny8@hotmail.com – please email if you can!

  7. I got E3 visa in February 2012 in SYDNEY and came to US in September 2012. With five weeks of time( In October 2012) I had traveled to Canada to visit my brother family after getting SSN. I did not work for that five weeks where i stayed in USA. Now i found new Employer with approved LCA, Offer letter and at present i am staying in Canada.

    Please provide information:: whether i can travel to USA on existing E3 VISA (not Cancelled) which has VALIDITY till Jan 2014 on my passport and get I-94 at the port of entry with new employer by providing new employer details with LCA and Offer Letter like in H1B OR Do i need to get new E3 VISA again in US Consulate.

    What are the options i had at this Situation?

    Request you to provide me the information

  8. Hi,
    i have just been laid off my current position today at one year into my 2 year E3 visa.
    They have said they will date my employment contract to end in january to give me some extra time.
    What are my options to continue to stay in america and hopefully find a new job?
    My partner is here from Brazil on a P1 visa, and we are wondering if there is any option that may involve him and his visa options.

    Thanks in advance.
    Desperately seeking help!!!!

  9. So many contradicting comments posted on here

    It seems, please correct me if i am wrong!!!!

    If I have a valid E3 and want to get out of my current employment to join another company where the role must be taken immediately I must:

    1. commence work within 10 days of ceasing my last job
    practically and with common sense this is when I have a signed LCA from the employer and a copy from the dept of labor (takes 7 days)
    This is all that is really feasible in 10 days

    2. I can then legally work for the employer but will not have a VISA to travel outside the US and return.. this would require a NEW E3 application and hence an interview etc.

    3. I may then apply to USCIS online to transfer my E3 status to the new employer which takes time, but I am working anyway, just cant leave the country

    Alternatively I need to go to Canada and apply for a NEW E3 Visa at a consulate and hopefully the process will not take more than 3 days or 2 months? the website for vancouver states 3 days… why would it be 2 months, thats ridiculous!!!

    I would come back evicted from my US residence, the job would have been filled and I would have been forced to scrub pots in a soup kitchen to live in Canada as I would have gone broke in the meantime.

    Please confirm

    JC

  10. Hi John,

    1.Yes that is the absurdity of the process as the E-3 visa does not have the portability provision that the H-1B visa has for switching employers and the 10 day gap. So that is why many E-3 people just apply for a brand new one outside the country for practicality.

    2. If you have a different employer on your E-3 visa than the stamp but your E-3 visa is not expired and you have the I-797 approval notice you can still travel in and out with both documents. If your E-3 visa has expired on the stamp, then you will need a new E-3 stamp and thus interview.

    3. You can apply to the USCIS with your I-129 to transfer employers however that can take up to 3 months usually, if your current employment is still valid.

    What you describe at the end is the reality of the US Immigration unfortunately.

    Cj

  11. Hi Holly,
    There is not much you can do as a partner of P1 visa holder as you have to be a spouse and you can’t work under it. This is the P-4 visa. Essentially legally you have only 10 days from your last pay period which may have that extra month as a grace period practically speaking to find a new job before you are legally out of status.
    Good Luck,
    Cj

  12. Hi Rajesh,
    If you have a new E-3 Visa employer and you are outside the US then you will need a new E-3 visa as you don’t have approval for your transfer (i.e. i-797) received within the US.
    Cj

  13. HI CJ,

    Thanks for the site first of all, really a very helpful source.

    I am currently working in the US on an E3, and having read the long thread above I am clear that I will need to leave the country and re-apply for a new e3 as I have just been offereed another job which i will need to start in about 3 weeks time (not enough time to process the i-29 for a change of employment.

    I am thinking of going to Mexico City to get this visa, keen to know if you have heard of anyone going there to get the E3 and whether I can expect the process to be pretty straight forward and perhaps any information about how far out I need to book my visa interview?
    It does sound like I can apply for the E3 in Mexico City under the classification of a Third Country national, but there is not the option to specifically apply for the E3 on their website.
    If there is a general feeling it is a much easier process in Toronto for example, I would probably be inclined to do it there.

    Also, my new employer has just told me they think there are costs (approx $500-2500) associated with getting the necessary legal sign off/approvals for the LCA form? I was under the impression it was a a straight forward process and would not cost anything. Can you shed any light?

    Thanks again CJ

    Lee

  14. Hi CJ,

    Thanks for providing such a useful source of information. I had a question I hoped that you could help with.

    I am on an E3D that expires in August 2013 and I have a EAD which expires in June.

    I realize it will take up to 3 months to renew an EAD but can I start this process before renewing the E3D or do I need to renew the E3D and then start the EAD renewal process?

    Thanks again for any help.

    Sam

  15. Hi Lee,
    Check the US Consulate site in Mexico City to see if there are appointments available as well as http://travel.state.gov/visa/temp/wait/wait_4638.html for average wait times for US Consulates. I don’t know about Mexico City personally but there is no reason they can’t process the application. Toronto is likely to have a longer wait period to get an appointment b/c of demand. There is no costs to apply for LCA but internally if they are using legal counsel or outside services then that could be the costs.
    Cj

  16. Hi Sam,
    You need to have a valid E3D visa to apply for an EAD as the authorization is based on that visa. You could do the renewals for both at the same time in terms of filing within the US and that might allow to continue working while they are both processing. Of course your E-3D is based on your spouses E-3 visa being processed and approved at same time.
    Cj

  17. Thanks very much CJ. A couple of follow up questions:

    – Even though I may have my EAD renewed on the existing visa, am I right in thinking that they will only renew this until the current end date of the VISA (August)? Implying that I need the visa renewed prior to starting the application for EAD.

    – Given my EAD is soon to lapse, my current thought is that I will need to stop working between my EAD expiring in June and receiving a new one…2-3 months. Can you see any way of preventing this? You mention working while they are processing but I assume that would only apply if the EAD is still current.

    Thanks again!

    Sam

  18. Hi Sam,
    It is a grey area if you are having a processed pending application with EAD for E3D. In the case of other visas you can continue to work during that time like the H-1B visa. Hopefully your employer will see no issue with you continuing to work while your application is being processed.
    Cj

  19. Hi,

    Just wanted to know if anyone had any issues going from e3d to e3. I recently got an e3d and have successfully landed a job, they dont want to wait the approx 90 days for my visa to be transferred so am going to apply for a new e3 visa and head to toronto for an e3 visa appointment, anybody have any experience with this ?

  20. Hi Cj,

    The question was more related to the transition form e3d to e3 and any difficulties this may present than actually applying in Toronto,

    Thanks again,

    Marc

  21. Hey CJ – My E3 expires in April of 2014 but I am planning early. I will be staying on with the same employer but this is the first time I’ve had to renew my E3 so I’m not entirely sure what to do. Would it be easier to fly to Toronto and book an appointment well in advance for another E3 visa and just get my company to file another LCA (I wan’t to try avoid flying back to Aus $$) or would it be easier to apply for the E3 extension via USCIS?

    Also, say I do go to Toronto to do this but I go in March (visa doesn’t expire until April), will my new two years be from March 2014-2016 or April 2014-2016?

    Many thanks!

    Lynda

  22. Lynda planning early is always good. The simple choice given you have time is that if you do it in country you will still have to get a new E3-visa stamp in your passport from a US consulate on your first trip outside the US after your new E-3 status is approved. However with this route you never in theory have to leave the country. It is best to do the application for this about 3 months prior to the expiry of your current status with the USCIS. If you do it outside the US then yes you need a new LCA and the process is really exactly the same as with your initial E-3 visa other than you will be issued an E-3R visa. This can be done prior to your current visa expiring and the US Consulate will just cancel and put a cancel stamp on your old visa and you will begin to use your new E-3 visa. The date on this will be whenever you apply for it at the US Consulate so could be prior to the expiry of the current E-3 visa and then expire 2 years from then if that is what your employment period is.
    Cj

  23. Hi,

    This is a great site with a wealth of information.
    I am currently on an E3 visa which expires Sept 2014 (next year).
    I am planning to change to a new employer and was thinking of avoiding USCIS completely because of the grey area we all know.
    I am inclined to do a fresh visa application instead outside US and thought can do it in Mexico or Canada.
    But when i called the consulate in Mexico, they said this will count as a fresh application and can’t be done there. They can only do renewals.
    Please guide. Trying to avoid the trip back to Sydney with our 2 yeard old.

  24. Hi Rohan,
    There is no reason why any US Consulate shouldn’t process an initial E-3 visa application, a renewal of an E-3 visa application known as an E-3R visa or a new E-3 visa application for a different employer. If a US Consulate has told you specifically they will not do it you should be wary but there are people doing all of the above E-3 visa applications successfully in those consulates and others nearer by like the Bahamas and London.
    Cj

  25. Thanks CJ. Actually it was not really a consulate person who told this, but had called the us visa info help line. The guy initially said it was fine but then took it back saying it will be counted as a fresh visa application and hence should be done in your home country. So was not sure how. Thanks again

  26. Hi there :)

    Just wondering.
    If I already have employment for the E3 Visa with a company (company A) and seek concurrent employment (company B), and I go to the …just say… Toronto US Consulate for my E3 Visa interview to be able to work a second job – if they were to deny it (bearing in mind I already have an E3 sponsorship with another company). Will I be denied entry back into the US – as in, will the currently valid E3 Visa with company A be also denied as well as that I just went for (company B) ???

    Hopefully I was clear enough.

    Josh

  27. Josh the danger you run here is the US Consulate could void your original E-3 visa and thus you won’t be able to re-enter the US on that either. This is not certain to happen if you that you would stay at your current employer if you couldn’t get approval for this one or possibly that you plan to work at 2 employers. Although in either case that might just prompt more questions as ultimately all of this is at the discretion of the US Consular Officer conducting your interview. Also I would call the Toronto US Consulate ahead of time to ensure they will hear your case as some people have reported they are not hearing case of first time E-3 visa applications of a new employer as opposed to renewals with the same employer.
    Cj

  28. Ok, thank you so much for your answer.

    I would just like to know if you feel that this is a risky decision for me to make?
    As I have to make the decision very very soon to do this or not.
    As I plan on working for both companies at the same time (concurrent employment).
    All the while knowing they could reject my attempt to get authorisation on the second job, my deepest worry is if they would be likely to also say, ‘We are also going to void that original E3 Visa as well’, disallowing me entry into the country.
    I believe Toronto does process new E3 Visa Applications according to the Google Searches I have done and what I have read on the their website (but I will confirm with them on the phone or email).

    Thank you,

    Josh :)

  29. Josh you are allowed to work for multiple employers legally part time on the E-3 visa (as long they are all approved of course). However where you need to be careful is that if your LCA shows full time employment hours/salary for both employers you might be questioned about that. The Toronto US Consulate thing comes from experience of some people on this site who said they were barred from the new E-3 visa interview hearing at a Canadian consulate and the E-3 visa FAQ site on the US Embassy site in Australia stating something similar. Other people have reported no issue over the years but seen more of the former experience on the site in recent times. So yes can’t hurt to check given your particular situation.
    Cj

  30. Hey Cj – thanks for the answer earlier. If I were to go to Canada, Mexico or the Bahamas to have my E3 visa renewed at a US Consulate (staying on with the same employer) once approved, would I just have them return my passport back to the hotel I was staying at? I’m assuming it’d take around the same time the US Consulate in Australia takes to return them back to you, 3-5 business days-ish?

    Cheers :)

  31. Lynda that would probably work especially if your hotel accepts mail. I think a lot of the Canadian US Consulates allow to go back and pick it up after its processed too.
    Cj

  32. Just wanted to let everyone here know that I was able to successfully get the E3 visa stamped in Mexico City(not a renewal) with a new employer.

    So just to summarise my situation:
    – Was working with Company X on E3 visa
    – Wanted to change employers and got offer from company Y
    – Flew to mexico city and got a new E3 visa for Company Y

    I had sent emails to the US consulate there to make sure they would process my visa before making the travel arrangements

    The process was smooth and the people working within the consulate were by far the most helpful in nature i have even seen in any US consulates before.
    We had a small hiccup where the stamps they gave to my wife and kid had E3 instead of E3D. But they got it corrected on the same day and were very apologetic.

    I would recommend mexico city as an option for anyone in a similar situation. I am NOT sure though if they do process a new E3 visa if you never had one.

    Learning few spanish words before you land there could be handy.

  33. Great site CJ.

    Quick question, I have an E3 that was renewed recently.

    I want to take a job at another company.

    1. Once the new company has filed an LCA – can I work there or do I need to wait for the new I-94
    2. If I got the passport visa for the original company – is that still valid to travel on or is it linked to your company so I would have to renew?

  34. Jack with the E-3 visa (unlike the H-1B visa) you have to have the company file the I-129 with USCIS and have that approved before working at the new company. Your visa stamp if unexpired is still fine to use to re-enter the US if it has old company with it. As extra proof just take your approved LCA and I-797 documents when traveling in case it is asked for at the border and you will be fine but that rarely happens.
    Cj

  35. Hi all,

    Quick question – do I absolutely have to have my interview at the location I set in my DS-160? I stated Toronto, but with the delay time there very high at the moment, I’ll only be able to renew in time if I go to London instead. Has anyone done this? Or do I need to submit a new DS-160?

    Cheers for any help!

    Tim

  36. Hi

    I wish I had found this website before I read the USCIS website.

    I was working for Company A and have accepted a job with Company B, I filed a I-129 but it seems that process takes ~2months and if I travel internationally or my visa has only a few months left this was a futile process.

    Knowing that I have lodged the I-129 should I just ignore that and apply for a new E3 with the new company? I am a permanent resident on Canada as well so using the Vancouver office should be ok.

    Thanks

  37. Great site. Excellent information.

    My question is related to the stamp in the passport after coming back from Australia and transfering.

    Although arrival cards (I-94) are a thing of the past – my last arrival card was stamped after the date i re-entered the US and indicated that i was permitted to stay two years past the date of most recent entry (although my original visa LCA was expiring 1 year after this). On the back of the card it says i am permitted to stay until the date specified on the stamp – is this the case even after my employment expires?

    I have a new employer who is undergoing the petition process but it has been two months and no word – and my current employers E3 visa runs out at the end of this month! I know there is a 10 day grace period between employers but i am hoping the I-94 date can save me so i don’t return to Australia and begin the whole E3 process again!

    Thanks for any advice.

  38. Hey Cj,

    I’m looking at changing employers by applying for a new E3. Just wondering how do you go about cancelling your current E3 visa? I still have over a year remainder on it – does my current employer need to file something or notify someone? Or does it just cancel with the application of a new one?

    Also, am I allowed to file the LCA and DS160 while I am still at my current job? Or do I need to quit this first before I can apply for a new E3?

    Thanks!!

  39. Hi CJ

    This may be a really stupid comment but I’d like clarification if you know.

    The official E3 visa in my passport was issued Aug 28 2012 (done in Perth) with an expiry date of Aug 27 2014, but I entered the US on Sep 5 2012 and that is the date on the admissions paper that is stamped and stapled on the opposite page of my passport to my visa. The admissions page has an expiry date of my E3 class of August 4, 2014.

    So am I legally allowed to work/be in the country until Aug 27 or Sept 4?

    thanks!

  40. Hi CJ,

    Just to double check. I definitely can’t work with a new employer whilst the I-129 is being processed and I have my LCA approved? Read on some places that this is ok.

    I’m looking at changing employers by applying for a new E3. Just wondering how do you go about cancelling your current E3 visa? I still have over a year remainder on it – does my current employer need to file something or notify someone? Or does it just cancel with the application of a new one?

    Also, am I allowed to file the LCA and DS160 while I am still at my current job? Or do I need to quit this first before I can apply for a new E3?

    Thanks!

  41. Guys – great site, heaps of great information.

    I have a similar question to posters above in regards to changing employers via a new E3 visa from Canada/Mexico.

    I am interested to know what most people do in this case. The way I see it, there are two options, and I’m not sure if the first is possible.

    1. Once I have the LCA from new employer
    Book appointment at US consulate
    Get new E3 visa (is this possible, have not resigned, current E3 still valid)
    Now tell current employer and hand in 2 weeks notice
    This method would be preferred as it provides security, just in case you don’t get new E3 approved (for whatever reason).

    2. Once I have the LCA from new employer
    Book appointment at US consulate
    Resign from current job (so current E3 is cancelled)
    Travel Canada/Mexico to get new E3

    I would be interested to see how others have handled this.

    Thanks.

  42. i am in US on E3 and got a new job. I want to go with the option of applying new E3 at US consulate in Canada (because I-129 takes 2 months of processing) but my question is does my wife (who is on E3D+EAD) also needs to travel with me to Canada for new E3 visa application?

  43. Dear sir /Madam

    I need to renew my E3 & E3D Visa, which is better ?:renew it before expiry , or after ? or no difference?.

    Thanks a lot for a feedback

  44. Hi CJ,

    I applied for an extension of my E3 visa through uscis with filing the i129. Due to the prolonged process, my E3 and my i94 have now both expired and i am still waiting on approval. I am still in the US and still employed with the same employer and we are just waiting on USCIS.
    So my question is, in order to expedite the process, can i just leave the US and apply for a new E3 visa in Mexico or Canada? Is that ok, if I can show pay slips, uscis application etc?

    Thank you
    T

  45. Thanks to CJ for the great site.

    I have the same question as Kaz. I am exactly in the same situation.

    My understanding is you cannot go with option 1.

    1. Once I have the LCA from new employer
    Book appointment at US consulate
    Get new E3 visa (is this possible, have not resigned, current E3 still valid)
    Now tell current employer and hand in 2 weeks notice
    This method would be preferred as it provides security, just in case you don’t get new E3 approved (for whatever reason).

    because the moment your E-3 visa gets stamped with the new employer, you are not allowed to work for your previous employer. So, the only way out is to resign from your current employer, then travel to US consulate abroad (unless you plan to ring your current employer from abroad and tell them the news you quit as of like…….right now, which probably is not the coolest thing to do), hope you get the E-3 visa with your new employer and then travel back to the US. This does carry a big risk that if your E-3 with new employer is rejected, by then you would have quit your old job and are not able to join the new company due to visa denial.

    Would like to know how others handled this?

    also, when applying at US consulate abroad, is there a need to fill I-129 or any other forms other than LCA? In other words, for employee transfer, what additional forms other than that are required during a brand new first time E3 visa need to be carried?

    Would appreciate if anybody is able to respond swiftly to my question. Thanks.

  46. My original LCA was for a 6 month position, but my E3 visa was granted for the full 2 years. The LCA expires at the end of December and my employer, the same as the original application, has offered me a 1 year extension.

    Does this mean I can just file a new LCA, as the E3 visa will still have a full 18 months remaining on it at the time my old LCA expires???

    Confusing!!!!

  47. Hi,

    I’m on E3 dependent , and I work. I would like to change to E3 visa while staying in US, Can my employer apply for E3 visa while I’m in US. do I need to travel out of the country for this?

    thanks
    Smita

  48. Hi CJ,

    Thank you so much for this great site!!!

    I was wondering whether you could provide any insight on re-entering the US on a tourist visa (via the Visa Waiver Program/ ESTA) after the expiration of an E3D visa?

    My E3D visa is due to expire on the 6th December 2014. I left the US on 1st October 2014 to return to Sydney for an extended visit home, and my return flight back to the US is booked for 22nd December 2014.

    Whilst home in Sydney my plan was to apply for my new E3D visa, once my husband had gotten his in Toronto. However there have been significant delays with his employer and their submissions to be granted a new LCA (we are still waiting for a new LCA to come through – ahhhh!). Which means that although my husband will be able to get his new visa in time, I am left with a very small window in which to get my new visa before my flight on 22nd December (in Sydney currently the processing time is 10 days, however I’m investigating other cities close by too).

    For various reasons, I would REALLY like to avoid changing my return flight to the US on the 22nd December if I can avoid it, so am trying to establish a potential plan B if I run out of time to get the visa processed in Sydney.

    Do you think it would be feasible to return to the US on a tourist visa, if I’m able to show evidence of on onward flight? We have a trip planned to Bahamas in late January 2015, so I could definitely get my new visa there. I would be able to show immigration when arriving in the US on the 22nd, not only my onward ticket to Bahamas (it would be a return from New York) plus details of my Visa application and Appointment confirmation.

    Thanks in advance for any help or advise!
    Leila

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