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,
I am an Australian Citizen. I have recently got E-3 Visa and right now I am outside USA.
Due to some personal preferences I have changed my mind now and I am no more interested to work with that employer anymore with whom I applied for E-3 initially. Do I have to inform the US Consulate about this change that I am not going to work for that employer at this stage?
As I already have the E-3 visa, if I want work for a different employer then what do I have to do? Do I have to apply for E-3 visa from scratch?
Also please advice if I can travel on a Visa Waiver Program (for Australian Citizen) while I am holding this E-3 visa?
Thanks,
Tanya Hogson
Hi,
I was initially planning to process my Visa in Canada, however, I am considering a holiday to Europe. Is it possible to process E3 Visas in European cities such Frankfurt or Amsterdam, or can I only do it in Canada, UK or Australia.
Thanks for answering my previous questions!
FB
Hi CK,
To be honest I can’t recommend any law firms as don’t want to give you anybody I have not used and paid for myself. Hopefully others who have had experiences here on the positive side may respond to you but like I say throughout, the need for the lawyer is generally unnecessary in most cases.
CJ
Hi Tanya,
Generally your employer should notify the USCIS of your departure from the company and yes that will make your E3 visa invalid. I am not sure from your post how long you worked at that employer but if it was a really short time and even if it was not, if you were to apply for a new E3 visa at a US consulate, the question about the circumstances of your departure would probably come up.
If your E3 visa is still valid, in that it hasn’t been reported to the USCIS that you have left the company, you could technically re-enter the US. However you are not supposed to be out of work for more than 10 days and also if it is subsequently reported to the USCIS that you have left the company, then you would have maximum 10 days to leave the country and possibly none at all depending on the date they put on the notification. Also re-entering the US on that E3 visa while not working for the company may produce some tough questions and issues both at the port of entry now and in the future and in future US consulate interviews.
So it may be in your interest to find out if your company has notified the USCIS of your departure and if not to get that process underway.
Given what you have told me you would have to apply for a new E3 visa from scratch. In terms of re-entering the US on the Visa Waiver Program assuming your E3 visa has been made valid is legally fine but again the US Port of Entry officer may ask you why you are entering the US twice so soon under different statuses.
Good Luck,
CJ
Hi FB,
Generally every US Consulate that process non-immigrant visas should be able to do the E3 visa. However if a US Consulate rarely does a particular type of US visa like the E3 visa that could effect processing times. Also some recent changes in the DS-160 application form you need to fill out may also play a part in the US Consulate locations. The best way to know for sure is to contact that particular US Consulate directly, however would always allow for extra processing time in non regular countries.
Good Luck,
CJ
Hi CJ,
Do you know of anyone who has got their E3 visa renewed in Costa Rica before? It looks like the consulate is in San Jose and I am heading to Costa Rica on a family vacation so am wondering if that could be a good chance to get my visa renewed. My concern is how long it might take and whether they mail it to me or if I can simply get it done the same day…?
Thanks for your help.
Davyn
Hi,
I just lost my job recently with my E3 Visa. My employer has not filed my case to USCIS yet. Luckily i receive another job offer now but the new employer want me to start working ASAP. I am in Houston now and found out my friend just renewed their H1B in Mexico: Matamoros US consulate.
Just wondering if anyone has tried to apply the new E3 there or is it better go try to do it in canada.
Please help.
Hi Davyn,
I don’t know of anyone personally who has done it in Costa Rica. As I mention a lot, all foreign US Consulates can generally process any type of non-immigrant visa but you may run into a risk of delay if it is a visa they are not used to processing like the E3 visa. The best thing to do is to look at their website for processing times and method and contact them directly in regards to the E3 visa itself. Sometimes smaller countries due to their lower volume can be quicker than US consulates in larger cities.
Good Luck and would love to hear your feed back,
CJ
Hi HS,
Sorry to here about your bad luck but congratulations on finding new employment so quickly.
People have successfully received their E3 visa via US Consulates in Mexico but the best thing to do is to contact that specific US Consulate to see how quick and efficient they are with it all. Sometimes if they are not used to processing a particular non-immigrant visa type there might be a delay.
Good Luck and look forward to hearing your story,
CJ
Hi CJ
Loving the amount of information everyone has generated here.
Much appreciated!
I’m in the States, on an E3D visa, working with a valid EAD, but my husband is looking at changing employers in the very near future.
My questions are:
a) If he opts to stay in the States, to change his employer details via USCIS, do I need to lodge any forms?
b) If he opts to leave the States to apply for a new visa, do I need to accompany him? Or can I remain here and keep working, as long as he’s back within 10 days?
Any feedback on this would be much appreciate.
Thanks!
Hi,
Great information here – thank you for all the effort clearly made.
Here is my situation – about to be laid off (in days) after being here since 06 with two I-129 extensions, I got another job offer today, and the new employer wants me to start ASAP. I recently got married and got my receipt for 485 and 765 applications yesterday.
USCIS told me to file I-129, but this will put me outside of the 10 day gap between jobs. I am still able to be here while my 485 processes though. How long should I expect to wait for the EAD for the 765 (chicago), and what are people’s experiences with timing on the I-129? Can I expedite either of these?
Is the E-3 visa able to be extended if it has expired a few years ago but I remained in status with USCIS or do I need a new one?
Can I demonstrate an intention to leave if I have a pending green card application?
I read somethings about portability being applied to E3 visa holders and some about it not being applied? What is the official stance? I tried to get an answer from the USCIS call center today, but the person I spoke to couldn’t understand what I was trying to ask and was a bit rude (every other time they have been really pleasant and helpful to their credit).
Long story short – how can I start working ASAP for a new employer?
Thanks for your help!
Eric
RE: COSTA RICA for E3
Hi Davyn,
A mate of mine went to Costa Rica in July and got his new E3 visa processed (his first one, not a renewal). So yes, you can go there, but the officer there (his name is Christopher Kane) will get a huge warning of all the risks, reasons why you should do it in Australia etc. I was going to get mine done there but basically he scared me off so I came over to London where everything runs smoothly. I really think it’s a bit of a beat-up and he just doesn’t want the trouble of having to process a visa he doesn’t do every day. He keeps warning you that he may not be able to adjudicate your education as he is not familiar with Australian universities.
This is what Mr. Kane kept sending me:
“We highly recommend that applicants for E visas apply in their countries of origin or permanent residence. It may be more difficult for visa applicants who are not citizens or legal residents of Costa Rica to demonstrate their qualifications for this type of visa at Embassy San Jose than it would be in their country of residence. Any questions or concerns regarding the qualifications of such applicants may result in unforeseen delays or a refusal of the visa. Such issues would also prevent an applicant from transiting the US en route to another destination, such as Australia, Europe, or Asia.”
However, as I said, my mate got his done in Costa Rica with no problems (after getting the same warnings) and got his visa back the day after the interview. Here are the pros he gave me:
1) Cheap and quick (5hrs) flights down and back
2) Short Wait time (Embassy said 3-5 days but I got it the next day) compared to Australia, London, Canada etc.
3) Cheap Accommodation.
4) It was one of the foreign US embassy that accepted first-time E3 applications. (unlike Mexico)
If you are going to go ahead with the Costa Rican option, the booking process is a pain in the a*se. You are meant to ring the Call Center from the US: 1-866-535-6189, who will sting you $18 and give you a pin number and tell you to send an email to: ConsularSanJose@state.gov to request an appointment, and that you will receive a reply in 3 business days. You won’t get a reply, and you will send another email asking why you haven’t received a reply. He (Christopher Kane) will then email you telling you not to do it in Costa Rica, and you email him back saying you want to do it there and are aware of the risks and he will then email you with a date! My advice would be to just call the San Jose US embassy while you are in Costa Rica and you should be able to get an appointment at very short notice, and then go in with all your documents.
Good luck!
Cheers,
BigBen
Hi E3DLA,
Glad you are finiding the community here helpful to you.
If he changes his employer and your E3D visa and EAD is still valid then you will be fine to continue working. However your work authorization period is limited by your visa and the EAD and not his.
If he chooses to apply for a new E3 visa outside the US, then technically your visa becomes invalid as it is dependent on his E3 visa. However in practice it may be OK but it would have been one of those situations that has not happened very much so would not be documented. The best thing to do is to call the USCIS and ask their official opinion on your status in that situation.
Good Luck and let us know what your experience is as it will help everyone here.
Thanks,
CJ
Hi Eric,
Thanks for the kind words and congratulations on the marriage.
An E3 status is able to be extended only if you current status is not expired and you approval comes prior to this expiry.
As for E3 visa portability like the H1B visa, it depends on who you talk to as to whether that works in practice as some have found it has where as have explicitly been told not so and had to get a new visa.
In terms of working ASAP, the filings for EAD and I-129 usually seem to take people 1-3 months and there is absolutely nothing you can do to speed up those processes.
Given you have a pending Green Card, i would not leave the US until that is finalized as you don’t want any potential issue getting back in to the US under a different visa status.
So unfortunately all in all I have no real good new for you other than waiting but at least there is light at the end of your tunnel as once you have the Green Card and EAD, life will be a lot easier for you.
Good Luck,
CJ
Hi BigBen,
Thanks for sharing your detailed experience as that will be helpful to both Davyn all the rest of the community.
CJ
Hi Bigben,
Thanks a lot for the info on the E3 process in Costa Rica, it was really helpful. I was really hesitant to try getting my renewal there without knowing anyone who had done it but seeing as your mate even got his first one approved there I think I will give it a try.
Do you know if your mate went in to the consulate the next day or if he got it sent to him (like they do in Aus)? I’m going to be staying in another area of Costa Rica so would hope to go in to the consulate on a Friday and then have them send it to the place I’m staying at the following week…
Thanks again for your help.
Davyn
I am an Australian citizen, now I am in USA holding E3 visa.
I am planning to visit India for 3 weeks May 2010 through PIO(Person Of Indian Origin) card .
This would be my first E3 stamping on my Australian passport. As I entered into US 3 years ago with H1b visa on Indian passport and later I changed my status from H1b(Indian passport) to E3 visa(Australian passport) and I never traveled outside of USA since then.
So,
1. Can I get E3 stamped in India as I am visiting India now and I am an Indian origin also holding PIO card?
2. If not do I need to go back to my home country(Australia) for stamping, which would be a very tedious journey at this time?
3. Can I go to CANDA or Mexico?
or
Any specific location for E3 first time stamping
I would greatly appreciate your help. Please guide me here, so that I can plan accordingly.
Hi Mahi,
You can get an E3 visa stamp in India as the US consulate can usually do any non-immigrant visa so in theory you don’t need to go back to Australia or any other country but Canada and Mexico are options too.
The issue that may arise for you given the background information you mentioned with doing the E3 visa stamp elsewhere lies in the proof of residency abroad and that you intend to leave the US at the completion of your visa period. So it is just a matter of being able to show proof of significant ties abroad to where you consider your home to be if they ask during your US Consulate Interview.
Good Luck,
CJ
Hi Davyn,
Yes, they send your passport/visa via courier. You just leave your address with the courier like you do in Aus/London/other places. My mate said he got the visa within 2 days.
As mentioned previously, booking the appointment is kind of annoying, but just keep hassling Chrisopher Kane via email ConsularSanJose@state.gov and he will fix you up. He will keep warning you not to do is at Costa Rica, but given yours is a renewal and if you have all your documents in order you will be fine.
Good luck!
Cheers,
BigBen
Hi E3visa,
Thanks for the reply. But do you know anyone who has undergone E3 stamping in India. I would be confident about my stamping in India if I can get to know whether anyone has actually got stamped for E3 in India.
Thanks again for the help.
Thanks
Mahi
Hi Mahi,
Sorry for the delay in reply. I think a couple of people on this site have posted comments saying they have but I do not know anyone personally (i.e. met a person physically myself) that has got an E3 visa stamp in India.
Thanks,
CJ
Hi there
I am in the US on an E3 visa. Issue has been that my employer has not really kept up his end of the deal and Im basically employed but have not been given any work. i.e not been paid! and this has continued for more than 10 days.
He has advised that I will be working next week etc.
Anyways I have been offered work with a new employer. I was thinking of going to Mexico or Canada and apply for a new E3.
My question is will I get into strife for not working with the above employer? I.e im employed but hadnt been earning. and will this affect my new E3 application?
And also has anyone had any issues with visa application in Mexico city?
Very stressed atm…any help would be appreciated!
Thank you so much
Hi.
I am an Australian who is currently in the USA on a E3, my employer luckily for me after i was laid off has not contacted the USCIS and has no intentions of doing so. I have since started employment with another company and have been employed here for 2 months.
I went and visited a USCIS in Kansas City where they told me i would be fine to just get it done when i could. a very ‘wish wash’ attitude i must say.
So my question is im looking at filing for a renew or extension (which one?) with my new employer…what forms do i need them to submit? (can you post the link) and i really dont want to leave the USA and re-enter as my visa will be expired and i will have to go through the whole process of reapplying back in Australia.
Thank you!
Hi SS,
I am sorry for your situation and it is not uncommon, although you hear it mainly associated with the H1B visa. The best thing to do will probably be to leave your current occupation and have your current employer notify the USCIS that you are no longer employed. Then you can freely go and apply for a new E3 visa in Mexico. Many people have done it there as well as Canada successfully and as long as the position is legitimate, all the documents are in order with relevant proofs, you should have no issue.
Good Luck,
CJ
Hi Ajay,
You need to file form I-129 to the USCIS to transfer employer and include with it an approved LCA for you new employer which you get from the Department of Labor. Generally you also have to include pay stubs showing you were being paid up until the moment you left the current company. The E3 visa does not explicitly have the portability provision of the H1B visa that allows those people to start work at a new employer while their application is being assessed. So in theory by working at a new employer without approval both you and them are not following the regulations as written. Now some people have done what you have done with no issue and heard similar advice from the USCIS but a lot of other have heard the opposite advice and had to leave the US to a place like Canada, to get a new E3 visa as the faster and more practical option than doing the long transfer process.
Good Luck,
CJ
Hi CJ – Firstly, thank you so much for your time and knowledge in putting this blog together.
I have read all of your posts, and posters – but am still confused as to what i need to do..
I have an E3 visa, granted 3 weeks ago. My employer has had a “mgmt structure change” and will not be going ahead with my employment. Leaves me 10 days from cancelling the LCA (or informing DOL)…
So, I have been offerred another job – not what i want, but im desparate…
So my understanding is that I need to lodge a new LCA, and then an I-129 (including payment of the fee) – and it needs to be approved.
Few questions:
Do i need an APPROVED LCA, or just proof of lodgement?
What are the chances of it being declined – meaning I have to leave the US. Job is same as initial E3, different employer… Can I appeal in this event, and continue to work (im told i can just lodge and keep working – so do they assume it will be approved? is it just a rubber stamp notification or is it a reviewed application which could be denied?)
If I find a more suitable job in 3/4/6/12mths – and want to change again – is this change going to influence my ability to change again? ie is there a limit or less preferred view taken when changing employers by the USCIS (especially given no interview like at initial to explain story)
Once change is approved, and I exist the US, say on holiday, do i now have a valid visa to re-enter on? Or is the change not noted to that extent ? (first visa has old employer noted – and I also notice I am asked that when in immigration coming back into the US) If so – do I need to re-apply for a new E3 visa?
If so… am I just better off applying for a new E3? USCIS website says I can do from WITHIN the US this time, as I am just changing employer…
Also – just got off the phone to the USCIS again – they say they have NO formal documentation specific to change of employer for E3 visa…………
Umm, help???
THank you so much CJ, appreciate your time.
Regards
Seb.
Sorry for the barage – but i am reading, and talking to different reps at USCIS and getting conflicting stories.
Hi,
Thanks for all the info. This is a great site. Keep it up.
I recently attended a E3 visa interview at Sydney and the officer did not ask much.
I had all the documents with me. He mentioned that we will send my your visa with the passports once its processed. I am renewing my visa for the same company. After 3 days I got an email that they need some more documents like offer letter etc and my application is under administrative processing.
I sent them all the requested documents but its almost a week now and no reply/did not get my passport.
Please let me know the following:
1)I am renewing for the same company so why Administrative processing this time.
2)How long does Administrative processing take in these cases.
I was supposed to return back to US but could not as I am waiting for my passports+visa and I have to break my return ticket.
Anyone else who is under going AP who already has a E3 visa for the same company.
Please advice.
Thank you.
Hi Sebastian,
Thanks for the kind words and yes it is a confusing process.
1. You need an approved LCA
2. The chances of being declined are hard to say but the most common cause of outright decline as opposed to further processing or more information, is company is not legitimate, position is either not legitimate or legitimate as a specialty occupation or there is something wrong with your background or credentials.
There is no written language (like with the H1B visa) saying you can working while you application is being processed and you are changing employers on the E3 visa. Many people here different things and have had different outcomes with this.
3. Many people have changed employers 3 or more times on the e3 visa and legally you should have no issue as long as each time the conditions are met. That is not to say an overzealous immigration official may decide to deny an application for whatever reason. There is no limit and doing it via USCIS is not a disadvantage apart from the above unclear information as to whether you are allowed to work while an application is processed.
4. NO if you change employers within the country or extend past an expiry date within the US, you will need a new e3 visa if you leave the US as the visa is tied to the employer. Yes you do need to re-apply for a new e3 Visa if you leave at a US consulate as that new employer will then be printed on your e3 visa.
Good Luck,
CJ
Hi Ozvisa,
Thanks for the kind words.
Your situation sounds crazy as it would be the exact type of situation you would think would have no issue at all. We did an Administrative Processing post a while back too; https://visacoach.org/2009/09/26/e3-visa-h1b-visa-administrative-processing-refusal-at-us-consulate/ but honestly your situation is one of those odd ones that makes no sense. My only guess is that your position has now come under the suspicious bucket as a result of this H1 visa job crackdown particularly around contract workers, consulting and the IT sector. Hopefully as I write this, the extra information you provided sufficed their needs and you now have your e3 visa stamp.
Good Luck,
CJ
Thanks for the reply CJ.
Its almost 3rd week and no reply yet. I asked the officer when the interview was over, on how long the processing will take. He mentoned it may take 4-6 weeks.
CJ is there any way to check where my case is. If this delays more like this I may loose my job. Also next month I have to pay my rent/bills etc. I thought I would be back in 2 weeks so did not bring my cheque book etc. If I miss my bills etc I am afraid it will affect my credit score etc. I am very much worried now. Having 10+ years of IT experience and being on E3 visa for more then 2+ years and still going through Administrative processing is a bit disappointing. My Company is well reputed company and in the past this company had no E3 visa rejections.
I saw on the forums there is a direct hotline where we can call the consulate and talk to a representative. If I do this will it be an issue?
Please let me know.
Thanks
Ozvisa
Hi Ozvisa,
I am sorry this is still going on for you. One of the things with all this extra scrutiny b/c of the H1B visa crackdown is that it is more the nature of the role (especially in IT) than the company itself. Multi-nationals like InfoSys, etc. have been caught up with this due to the nature of the role or the academic/experience background of the candidate. Unfortunately there is absolutely nothing you can do to check your case or speed up the process. There is a 1902 number you can calll for the US consulate in Australia but I have never heard them ever give direct information about a particular case outside of general information about the process, rules, etc. So you can try but not sure you will get much out of it unfortunately. Some ppl have got their visa back in a few days and others have taken many months. It is a terrible process and part of the US Immigration system and I hope it will be reformed soon.
In terms of your credit score and paying bills like electricity/gas and phone. I am sure outside of rent you could do most online and if you call your landlord, then maybe they will allow you to direct deposit the money. Rent and Essential utilities have to be a long way in arrears before it can be passed as delinquent and effect your credit score due to them being seen as necessities.
Good Luck,
CJ
Thanks for the info CJ.
Yes I am going to arrange things as much as I can from here. But it is sad to see that after all the hard work in life and being well qualified we have to wait without any news which affects one’s life. I wish they should have something similar like H1b priority processing for E3 visa too. Having a decision is much better then waiting indefinitely.
Hoping I will have some good news soon.
Thanks for all the info. It really helps in times like this.
Thanks
OZvisa.
Hey Ozvisa,
Just one FYI for you and others who read this. The H1B visa premium processing only applies for the H1B visa application with the USCIS. There is no such thing for H1B visa processing for the visa interview and stamping at a US consulate. And if that application goes to administrative processing they would have the same uncertainty and delays that you do as well.
Fingers crossed for you and for Immigration reform!
CJ
Thanks CJ – Will throw things out there to the mercy of the immigration gods and see what happens.
Keep up the great work.
Seb.
Hi All,
I got my visa and passport in the mail today (@10.30am).
I am very thankful to god, US Sydney consulate and all the well wishes which made this happen.
Based on my experience I would suggest, no matter if anyone is coming to home country(OZ) to renew visa, I would suggest apply 2 months in advance. This will give enough time if the case goes in AP.
Here are the timing which may help other to have an idea of AP duration.
Attended the interview : 31-Mar-10
Got an email for more documents :7-Apr-10
Sent the docs on 12-Apr-10
Got the visa & passports: 28-Apr-10.
Total :28 days ( including holidays and weekends)
I wish you all best of luck and hope you all will get your visa’s soon.
CJ keep up the good work.
Cheers
OZVisa.
Hi Ozvisa,
Thanks for coming back and sharing your story and hopefully will give information and comfort to all the others who might be going through a similar experience. Congratulations, enjoy your next stint in the US and hopefully you will visit again soon.
CJ
Hi E3 visa,
I am currently on an E3 visa here. It expires in August. I’m going home next week for a short holiday and thought that it might be a good idea to get a new E3 visa while there…I’ve read on your site about the problems with just renewing it. I was just filling out the DS160 and I realised that my new LCA is dated for when my current LCA expires. This is in August. Does it make sense and is it possible to get a new visa now? Will my current visa become invalid as soon as I get a new one? I am supposed to be returning to the US at the end of May to continue working…and I know that you can only enter the country 10days prior to the commencement of the LCA.
Thanks for your assistance.
I just reread what I wrote. Here is the US. Home is Australia…
Hi CJ,
Wondering if you could pass comment on this? I have a current E3 visa, due to expire in late Sept. I was planning on renewing the E3 in late July, but have just been told that, that may be a too early and in all likelihood the application will be rejected becuase I still have 2 months remaining on my current visa. Any thoughts and thanks in advance.
Nigel
Does anyone know if it’s still the case, when applying for an E-3 in Canada, that it should take 2-3 business days for the passport to be returned?
I’m changing employers and planning on staying 5-7 days just to make sure.
Is the 4 weeks administrative time I read above linked with renewing in Canada (Will I be stranded there awaiting a decision)?
While CJ is truly the master at this stuff, I’m sure he is flat-out answering all the questions so I’m happy to hear from anyone.
Hi Lou,
If your current E3 visa expires in August, it is not a bad idea at all to get a new E3 visa while you are back home next week. You will have no issues in terms of the practicalities of applying for a renewal E3 visa while there is a little time remaining on your current one. Essentially when you get a new E3 visa stamp, your old one will become invalid. Now your issue around the LCA dates could be an issue with an overzealous consular officer and if time permits may be worth getting that redone or a legal letterhead from your employer stating you are continuously employed given you may not have time to do another LCA which would be ideal. It is a little bit of a grey situation and the truth is with no right answer as it is a little unknown which is not always comforting.
I hope it all goes well for you.
CJ
Hi Nigel,
Not sure who told you that but it is not true at all and aware of many people who have renewed successfully earlier for practical reasons like travel.
CJ
Hi Chris,
Administrative Processing is a case by case issue (often non sensical) and nothing to do with applying in Canada. Generally the processing time in Canada is around the time you describe assuming they are all working days and your application, background, job and employer are in order.
Good Luck,
CJ
Hi CJ,
I am going to take your advice from a little while ago and apply for a visa extension because it is up for renewal in October but I am heading back to Australia in December for a wedding. This way I can avoid the extra trip out of the states as you suggested.
I recently contacted the consulate in Melbourne to ask about the fingerprint re-issuance option and they said that I do have that available if I choose to take that path. My question is whether getting my visa renewed in that way is quicker than the usual interview way? I will only be back in Australia for 5 business days so I am concerned that if I use the fingerprint reissuance method and they end up needing me to come in anyway for some reason after reviewing my renewal application I will not have enough time to get my visa back. Do you have any information or advice on this?
Thanks so much again for your help.
Davyn
Hi Davyn,
Look 5 days should technically be enough time but as you noted it is always a risk. It may possibly be quicker and safer to just do an interview on the first day you are back and that way any questions that need to be asked can be asked. It sounds like you shouldn’t have an issue either way but the US Consulate can be unpredictable at times.
Good Luck,
CJ
Hey CJ,
Just wanted to start by saying your blog is so helpful and I appreciate you sharing your knowledge on the E3 visa.
I have just received my E3 visa from one employer when I was offered a job from another employer, who happened to be my number 1 choice.
I have yet to inform my current company that my E3 visa was approved and have not commenced working for them. I feel really bad for my current company and want to let them down softly so I was wanting to tell them my visa was rejected instead of telling them I had another job.
Will my current company be able to find out the status of my visa? Are they able to check if it was approved? I would prefer to say it was rejected and then apply for a new E3 visa with the new company.
I have already entered the states and have been here for 3 days. If I don’t commence work for my current company will I need to contact the USCIS and inform them of my situation?
Does the 10 day rule apply if I don’t actually commence work in the US?
I plan on going to Australia to get my new visa, but if I only have 10 days to leave the country then I really need to book my flights asap!! Eeek!
Thanks so much!
Bree
Hi Bree,
Thanks for the kind words and I am glad you have found the site and community and small bit of help in your journey through US Immigration!
So it seems like you have a valid E3 visa for a company. You have a little issue here in that if you tell your current company your E3 visa is rejected then go back to Australia to apply again for the new E3 visa, they are going to ask you in the US consulate interview about your current company and what happened as that visa will still be valid unless they inform the USCIS that you are not or no longer employer there to invalidate your E3 visa. It is technically up to your sponsor company to contact the USCIS that you are no longer (or never were) employed there.
You are currently in the US on E3 status so yes the 10 day rule would apply to you.
While changing your mind and getting a better offer is certainly not a reason for denial or against any rules, the US Consulate has rejected people for far less too for visas.
Look in the end you have to weigh the risk of being denied for your 2nd visa or going into administrative processing delays which may mean no work in the US at all versus getting the better job that you desire. There is no right answer and no set rules for your situation just the individual experiences of people in the system.
Good Luck and I look forward to hearing your outcome and sincerely wish the best outcome for you.
Cj
Hey CJ,
Thanks for getting back to me so quickly!
I guess I’m going to have to be honest with my current employer and let them know that I have received a better offer that I will be accepting.
If my current company doesn’t advise the USCIS that I’m not working for them am I able to inform them? I don’t think informing USCIS will be on their top priority list seen as I am declining the visa and I want to make sure my visa is cancelled before my next E3 interview.
Thanks so much for your advice – I really don’t want to have any issues when applying for my 2nd E3 visa.
Bree.
Thanks CJ – that’s what I was thinking was the best option too.
Davyn
Hi CJ,
One last question (hopefully). My passport expires on Aug 20, 2011 but when I renew my E3 visa this December it will obviously span through December 2012. Do I need to get a new passport before applying for this visa renewal or will they be ok with putting the new visa in this passport and then I’ll just need to get a new passport in the US at some stage before Aug 2011?
Also, I only have 5 pages left in my passport, is that an issue?
Thanks again for your help, just trying to troubleshoot everything before I get back because I’ll only have 5 days so I want to avoid any potential hiccups…
Davyn