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
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
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.
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!
Hi DB,
Thanks for the post as am sure that will help so many people who read this post and your comment!
Thanks,
CJ
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
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?
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
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!
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
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
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
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 🙂
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.
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
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
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
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
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
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
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
ok, thanks for your help CJ!
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
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 🙂
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
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
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
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
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
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
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
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
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!!
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
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.
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.
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!
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
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
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
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
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
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
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
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
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
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
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
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.
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
Thanks CJ,
Can recommend any Lawyer firm? My email address is CKgamma@yahoo.com
CK