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
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!
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….
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
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; https://visacoach.org/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
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
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
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!
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
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.
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
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
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.
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
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
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
I guess one last question I should have asked :
A transfer doesn’t imply an automatic extension does it?
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
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.
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
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 🙂
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
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
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
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!
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
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?
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
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!
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!
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
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?
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.
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.
Thanks Deane. It is great you are posting your experiences on here as it helps everyone who reads it 🙂
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.
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
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.
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.
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..
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.
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
Hi Hiral,
Yes doing your E3 visa in Canada is perfectly fine and many people do it every month.
CJ
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
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.
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
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
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
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
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
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!