Are you on a H-1B Visa or E-3 Visa and now Laid Off?

I wrote earlier in February about this very issue and the main ideas I had to help you find new employment so the posts I recommend reading are;

Laid Off on an E-3 or H-1B Visa where I talk about the situation and idea where you can get your current employer to help and also an option in Canada
Extending, Renewing or Changing Employers on your E-3 Visa this is also  helpul to H-1B holders or applicants as the process is very similar
Information about the Top 100 Companies that sponsored H-1B visas last year where we discuss how this may help you and the genesis of the list which we made FREE for you
The Top 200 List of US Visa Employers Last Year is a raw list of the companies that is beneficial to E-3 visa applicants as much as H-1B and even J-1.

Now I have received a lot of emails in recent times about;
How long people have?
How can they extend their time to look for a job?
Is the transfer process easy and not too costly?
Can you transfer to B1/B2 status to allow you more time to find a position?
Do I have access to any unemployment benefits since I pay Social Security/Payroll/FICA Taxes?
Can I work while the transfer process is underway?

I will try and document the answers to these questions briefly on one page, although a lot of these answers are in more detail elsewhere in the blog in other posts and you can go the All Posts List which documents all entries and visa information by title.

1. How long do I have?
Technically you only have 10 days to find a new employer once your current employer notifies USCIS of your termination date. We explain in the above post more fully how you can ask you employer to delay this notification to give you more time.
NB: Over time through guidance and enforcement changes, and post the financial crisis, the e-3 visa rules continued to more resemble the h-1b visa rules. So the 10 days have become more like 60 days. However always be cautious as you never know what might be enforced especially in the post 2016-era of US immigration.

2. How can you extend your time to find a job?
Will this really follows on from question 1, so the delay in notification is one option. Leaving and re-entering the US on the visa-waiver program is another option. Transferring to a B1/B2 visa or even another category (although you have to meet their individual requirements) can also potentially extend your time.

3. Is the transfer process easy and not too costly?
It certainly could be easier, I mention in the above linked post the entire process and forms involved. Eassentially it involves getting a new LCA form and a filing form for transfer of employer to USCIS which I think costs around $300 although this constantly changes. It can be relatively straightforward in what you do but it can be a long process.
Of course if travel is involed if you plan to get a new visa outside the country this of course will amplify costs.

4. Can you transfer to B1/B2 status to allow you more time to find an employer?
You certainly can trasnfer to B1/B2 if you do this application to USCIS. Visapro states USCIS officers have been allowed to exercise their discretion to grant you another nonimmigrant status, if you apply for change of status within 10 days after you are laid off.

5. Do you have access to any unemployment benefits as you pay Social Security taxes?
No you don’t in any shape or form if you are on any non-immigrant visa. Yes this is completely unfair given you are forced to pay these taxes just like a US worker but you have no claim to any benefits.

6. Can I work while the transfer process is underway?
For H-1B visa holders you can given the application has been filed and you have your approved LCA from the Department of Labor. However your transfer application could still be denied potentially by the USCIS.

For E-3 visa holders the answer is a little more strange as it is largely undocumented. So some USCIS officers will say the rules are the same as H-1B as they are for most other things when not fully documented as seems to be the general direction of the visa. However other officers say this is not the case and you have to wait for your transfer. This combined with the transfer visa application cost has caused many of E-3 to just go to Canada and apply for a new visa with their new employer instead.

Good luck if this is your predicament…I wish you all the best 🙂


**look I should say again I am not a lawyer but I answer these questions to the best of my ability having gone through the visa process many times and having shared experiences with many others so I want to save you guys as much money as I can with potential legal costs. Some of the policies change a lot and I try to keep us as much as I can but I do miss a few changes.

39 thoughts on “Are you on a H-1B Visa or E-3 Visa and now Laid Off?

  1. This website is a great resource.

    I was fired on Friday and I have 10 days. I want to go to Mexico for a day and then come back on the Visa Waiver. Will this work? Don’t you need proof that you are leaving the country (a flight ticket home?). I want to stay in Los Angeles for the summer and look for jobs. Is this considered Dual Intent since I am looking for jobs in the US while on a holiday visa? Are there any reasons why I might be denied entry back into the US at the border?

    Also, I thought E3 visas could NOT be transferred to another employer… I thought on the E3 you ALWAYS had to leave the country to get a new visa issued (and the old one stamped out)… That is what happened to me…

  2. Hi Skullz,

    I am sorry to hear about your setback and hope this website does help you a little on your search.

    You can transfer employers on the E-3 visa but it is a slightly more complicated process than the H-1B visa mainly because of the less guidelines around it compared to the H-1B visa. So what invariably happens is that people find it simpler and quicker just to get a new E-3 visa. Here is a post on transferring employers on the E-3 visa;
    (you have to be in status of course for this to work)

    To be honest if time allows I would more recommend you transferring to the B-2 tourist visa and searching for a new employer. As you are not leaving the North American continent, if you return to the US from Mexico for example on the Visa Waiver Program you could be asked questions on the border entry as to why you are returning so soon on a different status. And of course now if you are on VWP you have to register as well prior to coming (

    The idea of needing a flight back home again is not a set in stone enforced regulation but it can come into play if an assessing officer decides it does.

    Look many people come to the US on the Visa Waiver Program and use the 90 days to successfully find work, leave the country briefly and get their visa and return to the US with no issue. You just have the added earlier part of already being employed in the US in front of this process. There is certainly no regulation against what you are doing but in the end it is up to the people at the border to decide.

    In my experience it is rare to hear of people turned away at the border if they have Visa approval or this new ESTA approval for tourists but you just bare everything in mind.

    Good Luck,

  3. Do you think it would be safer for me to go through VisaPro and change my status instead of crossing the border and risking not getting back into the country?

    Is VisaPro the cheapest way to do a change of status? Is it a good, trustworthy service? Is there a cheaper way to do it, such as filling out the forms myself? It costs $595 but says it only takes 2 business days to process on the site.

    I was fired 5 days ago so I should probably get onto this soon.

  4. Hi Skullz,
    Look that is certainly an option to go through them. VisaPro although I have no direct experience or direct feedback about them (if you do use them please come back and let us all know what you think), they seem very good judging by their site information and if I am not mistaken you have a pre-online chat with them.
    Sadly it is a more costly route in some ways but it may be the best for you right at this point in terms of total piece of mind and yes get on it soon!!
    Good Luck,

  5. I have a question.
    In case of being laid off and you manage to get your employer to agree on delaying notification to USCIS. Wouldn’t renewing/transferring E-3 be a problem because you won’t have the pay stubs to show that you were being paid up to the visa transfer point.

  6. Hi Ozinus,
    Yes that is true but when employers also state that you were on long term unpaid leave or even pay a small stipend to overcome that hurdle. It is certainly not an ideal situation but one many face in the current climate.

  7. Hi CJ,

    First let me thank you again for this site and your helpful answers. I wrote a few questions a few couple weeks back on the proper green card forms for my wife who is currently here on an E3 visa. Currently they have been received by USCIS and all cases are under initial review and Biometrics was completed just this past Thursday. Things are on its way – but things are never simple!!!

    The first hurdle is that we are planning to go on a honeymoon and visit her parents back in Oz leaving the 13th of January. I have applied for her ‘Advanced Parole’ and included a copy of our plane tickets with the application, but I am worried that we will not have the physical documentation in time. And if we leave the country without the approved Advanced Parole documents, I have read that she forfeits the current application to adjust status. Is there any way I can expedite this process?

    The second hurdle, is more related to the above topic of being laid off. There is a possibility that she will lose her employment due to health restrictions. How does this affect our current situation where our application is currently under review? If her company notifies USCIS that her term date is next week. Does this mean she has to get out of the country within 10 days? Is there anything I can do to keep her here legally until we plan to leave for our honeymoon?

    I guess with her going back to Oz early and I meet her there for our honeymoon isn’t too bad. But, then what would I have to do in order to (a) keep our place in line with the green card forms and (b) allow us to come back into the states together after our honeymoon?

    I think all of this can be resolved if I can get her Green Card application expedited, but I don’t know if this falls into their ‘special’ category.

    Thanks in advanced for any help you may be able to provide.


  8. Hi Andrew,
    Thanks for the kind words and for sharing your experiences for all to learn from here. It is much appreciated.
    There is unfortunately no way to speed up the USCIS or indeed any US Government organization involved with Immigration, unless you happen to know someone in a real position of power. So regarding your Advanced Parole for your wife, I hope they take it all on board and approve it on time because otherwise, yes, as you know if she leaves the country the whole green card process is most likely void barring a lot of lawyer costs and a lot of good luck.
    In regards to her being laid off, that is a grey area. Given you are already legally married and you have filed an application that is being processed and is currently pending already this should preclude her from needing to leave the US. Like I said it would be a grey area b/c as far as I am aware there is nothing document specifically about what you describe other than the general rule of when an adjustment of status is pending regarding this type of green card, someone should stay put within the country. For complete peace of mind on this point, legal people as much as I hate to say it maybe worth even just a one off consultation.
    In general though I would certainly wait until all her Green Card and Advanced Parole have been approved fully before letting her go anywhere b/c do not want the situation for you of her being stopped at the border upon on return after a great honeymoon.
    Good Luck and I hope you come back and share you story with us all.

  9. Hi – I just wanted to come back and share my story for others just in case anyone else is in a similar situation. My wife was laid off as of last week… Merry Christmas right? but anyway, she is receiving a few months worth of severance paid out through the period, so for those of you who are laid off with this type of package, the company usually won’t let USCIS know that you are no longer employed with them until after your severance is over.. Not sure how lump sum severance works though. So if you are in this scenario, that buys you time if you have to look for another job or change status to another Visa. This is not to say that this will work for all of you that are laid off. But as CJ mentioned above, it is a 10 day period before you have to leave the country if your employment is terminated. If you are immediately, laid off, you can request that HR doesn’t notify USCIS to buy you some more time if you need. Keep in mind not all are willing to do this since you are technically under their sponsorship. But if you have a good relationship with your boss and/or HR, they can work with you.

    I also have an update on my AP query which I will post in that section of the website in case anyone has questions.

  10. Hi Andrew,
    Thanks for coming back and sharing your story and experience again even though it is obviously still a tough time as your wife has found. What you describe is certainly a positive experience that many others were also able to organize following a lay off with an understanding employer as to allow them to find work.
    We will look forward to your future update.
    Happy New Year,

  11. Just wondering how Skultz got on, i.e. did he go to Mexico and did he get back ok?

    I have been laid off and wanted to leave the USA and return within the 10 period. I have a one way ticket to Australia that I can produce (dated to fly out on the 10th day) as evidence that I can show that I am leaving permanently when I come back from my brief trip away. So does the 10 day rule mean that you still have the same exit and entry rights in that period as you do when you were employed?

  12. hello, i am an australian citizen but am currently stranded in the uk waiting for my E3 to arrive (actually im enlish but lived in oz for many many years). i desperately need to go to NY to try and find somewhere to live, attend a conference and have a couple of client meetings. there are 2 parts to my question (a) am i allowed to enter the US on an ESTA whilst waiting for my E3 to come through (using my british passport, not my Australian one which is still back in sydney) and (b) am i in anyway jeopardizing my E3 application by entering the US early?

    thanks in advance for your guidance,


  13. Hi

    What is the best method of transferring my current E3 Visa to my new employer?

    Is it advised to use USCIS online method opposed to leaving the country to avoid not being able to get back in? I know the process is slow but at least im not stuck in canada?

    Also how do i determine the processing times to for the DOL to approve my job offer? Also what is the apporoximate time at the Canadian US consulate to get the Passport stamped

    Thanks for help in advance


  14. Hi John,
    There are estimates online with USCIS for all this but in reality it takes about 7-10 days to get your new LCA and about 2-3 months after that to get a I-129 application transfer within the US to get assessed and hopefully approved. The application period outside the US assuming all is good is just whatever time it takes to get your interview and then assuming they OK it probably 2-3 working days for most people to get your passport with new E-3 visa back.

  15. Hello, I would really really appreciate someone’s urgent opinion on my quite complex situation – I am really stuck with what to do. Very sorry for the long message!

    I resigned from my employer on July 10 under pretty grim circumstances (a very horrible, harassing boss). I said I was giving one month’s notice until August 10, and was happy to continue working from home for the company during that month.

    The company did not respond to my resignation for a number of days, and when they did they did not confirm the date they considered my resignation as, they just said they had received my email and would be back in touch. So I still considered my end date to be August 10.

    It was not until yesterday, July 23, that they finally came back to me with a formal contract outlining their proposed severance arrangements…an agreement offering me one month’s pay as severance if I sign a contract saying that I will not take the harassment situation any further legally. (Basically they are paying me to stay quiet about what my boss was doing). However, the extremely worrying part is that the contract explicitly states that my employment terminated on July 10, which means that I have already overstayed my visa.

    The one month severance payment is technically until August 10 if I sign the agreement, although the contract still clearly says that I stopped working for them on July 10.

    In the meantime, I have just been offered a job with a new company, and was intending to file a new LCA for that role very soon and fly home on August 13 (within 10 days of what I consider my end date at my old company) to do the interview for a new E3 visa.

    I have no idea whether my old company has notified USCIS of the July 10 date, and don’t feel comfortable asking them considering the situation is so bad with them.

    I have considered asking them to alter my end date on the contract to August 10, however I’m concerned that drawing their attention to that might make them suspicious and aware of my predicament, and might inspire them to contact USCIS if they haven’t already.

    I am really worried that when I go home to Australia on August 13 and go to interview for the new visa that if I have technically overstayed my visa right now, I may be denied the new visa.

    1. Is there any way of finding out whether my employer has notified USCIS that they consider my final day to be July 10?

    2. Should I get out of the country as soon as possible now that I know they are claiming my end date to be July 10, even though either way I have now missed the 10 day cut off? Or do you think I can consider my end date to be August 10 if they are paying me severance until then and had not notified me until yesterday?

    3. Am I risking everything by waiting until August 13 to fly out? Will this impact the new application for my new role?

    4. If I do stick with the August 13 flight out of the USA, should I hold off submitting the new LCA for my new role until within 10 days of that flight, so after August 3?

    5. Should I be ticking ‘new employment’ or ‘change of employer’ on the new LCA form? Will that depend on whether my final date was considered July 10 or August 10?

    I am so concerned that overstaying the 10 day period for a couple of weeks is going to mean that I don’t get approved for my new visa and won’t be allowed back to the USA!

    This is seriously concerning not just because I am very happy about the new job and would like to return to the US, but also that my fiancé lives here in the USA on his own P1 visa, and if I am not allowed back in then it means we will be separated from each other which is a horrible thought.

    Any advice would be extremely appreciated! I am beside myself with what to do.

    Also, I should mention that my actual current E3 visa doesn’t expire until March 2014.

    Thank you so much.

  16. Hi Kristi/James,
    I am sorry for your situation and will try and give you both the technical interpretation and the practical reality of your situation but overall it seems like you are in good shape.
    1. There is no real way of finding this out outside of maybe calling the USCIS but ultimately there advice will the standard you should leave the country according to the terms of your visa
    2 + 3. Technically speaking you have 10 days to leave the country post either the termination date of your status or the expiry of the visa. However in practical terms it is really the date on your I-94 card in your passport that matters and no doubt that is probably a date that is 10 days after your visa expiry next March. Additionally in terms of overstaying your visa, ultimately the US wants you to follow rules and leave, however in practical terms it only becomes a problem if you start staying 180 days or more past your date to leave and you considered a high risk person from certain countries or have committed a crime. So if you have planned to leave on August 13 you almost certainly will be fine.
    4. You should submit your ETA-9035(e) form as soon as possible to get your LCA to give yourself time in case there are delays in processing or requests for more information.
    5. You should be ticking new employer because change of employer only applies if the change is happening within the country and your plan was always (and rightly so given usual timings) to get a new E3 visa for that employer outside the US.
    Good luck on the new job and congratulations on finding something so quickly after what must have been a very bad experience. You should note depending on the state you are in, workplace harassment and it happening to non-immigrant employees like yourself is still worth pursuing with the relevant authorities like the US Department of Labor and USCIS maybe after you return if you feel strongly about it to prevent it happening again to other people. In practical terms when you go for your US Consulate interview they will focus on your new job moreso than your past one but because you have payslips, etc. going up until at least July plus evidence of a further payout you will almost certainly be fine but as I said it is unlikely this will even come up as a question. Maybe just a casual reference to you recently leaving the US which you would say yes to a few days ago.

  17. Hello,

    I am an Australian citizen on an E-3 visa living in the US. I was laid off 4 days ago but am actively seeking a new job.

    I know that legally I am supposed to leave within 10 days of my employment ending.

    My previous employer has agreed not to report termination of my employment to USCIS, but it makes me nervous and I am worried this could jeopardize future visa applications.

    I do not know if I should leave (drive down to Mexico for example) and re-enter on the Visa Waiver program until I can get a new job offer and go to a US Consulate overseas to apply for a new E3.

    OR, should I use Visa Pros and switch to the Visa Waiver Program?


  18. Dominique technically speaking you can’t be out of work for more than 10 days. Practically speaking, especially with your employer not reporting the termination you would probably have at least 6 months before your lack of employment becomes a problem for you. In any case say you find a new sponsor employer in 3 months time, you would be leaving the US any way to go to a US Consulate to get your new E3-Visa and stamp in your passport. You can’t switch to Visa waiver from a non-immigrant visa like the E-3 visa while in the US and if you leave to Mexico/Canada and try to re-enter soon after on Visa Waiver you might get extra scrutiny at border.

  19. Hi,
    As I am an Australian in the US on a B2 and intend applying for a E3 is there any advantage besides the time factor of applying inside or outside the US.
    I was recommended to go to Vancouver.
    I do not need the E3 till May.

  20. Barry other than time the main advantages of doing it in the US is the lack of travel and expense to travel outside the US to do it. However doing it outside the country means you get an actual E-3 visa stamp in your passport versus E-3 status if done in the US. The fundamental difference is the E-3 visa allows you to travel in and out of the US during your visa period. With E-3 status it allows you to operate in the US under E-3 terms and conditions for the period of your visa but if you do travel outside the US, then you would need to go to a US consulate to get an E-3 visa stamp anyway. Ideally it would be better if you are doing it outside the US to do it in Canada for proximity but note that some first time E-3 visa applicants have noted issues doing it in Canada. I recommend you contact the Canadian consulate in Vancouver first and make your appointment as much in advance as possible to get your preferred date.

  21. Hello,

    I unfortunately got laid off from my job. I am on a E3 visa and the company has not yet informed USCIS about my unemployment. So am I right to assume the 10 Day period has not started? I planned on moving home in 4 months anyway. But I would like to stay in the US even without a job until those 4 months are up. Do I need to leave the country (Mexico) and reenter with a Visa Waiver to stay in the US or can I just stay here after the 10 day period and leave in 4 months? I would like to come back to the US in the future to visit and dont want to ruin my eligibility.

    I should note that my current visa doesn’t expire until Sept 2015.


  22. Hi there!

    I finished up a job last Friday but am still currently in the U.S. I’ve been working remotely for my old job helping them out through this transition period. My boss has not notified anyone that I have officially finished yet. Does that mean until he officially notifies USCIS I am ok to stay in the U.S.? I’m leaving next week to get a new visa but just want to make sure I don’t overstay.

    My new company has already filled my LCA which has been approved. Does that notify USCIS or the state (or whoever) that I’ve gone from one employer to another?

    Any info would be greatly appreciated!


  23. Hi there,

    Like everyone been on this site, I am in extreme stress.

    I am on a E-3 Visa expiring on September 29 (technically end of this month). I had a plan in place to travel to Germany on September 21 and to be back to the State on Oct 06 either on a another E-3 VISA (renewal) or a Visa wavier if not. However, I just got laid off yesterday and now I am now sure about the course of action if I want to retain the legal presence in the US and at the same time, keep my travel plan. I am also actively looking for job and I “might” get an offer within the 10 days period.

    My questions are:
    1. Should I file a change of status to B-2 now ? I know this process can be a lengthy one and my expected travel departure date is 12 days out.
    2. Can I get back in to US with a Visa wavier from the Germany trip after I file an I-539 in the State?
    3. If I file a I-539 and I put the required extension date to mid December, will this date impact whether I can get back in with the Visa wavier?
    4. If I receive a job offer before I left for the trip, I can initiate the new E-3 application from the US embassy in Germany am I correct?

    Thanks in advance!!


  24. Hi CJ,

    Thanks for a great site! Not sure if you are still answering questions on this thread but if so any help would be greatly appreciated…
    I am going to be leaving my job early next year. My visa and i94 are valid through until April 2017, but just wondering if my spouse can work during the 10 days we have before being required to leave? ie. if I quit on Jan 31, can she work up until we leave on Feb 10?

  25. Hi CJ,

    I have just been laid off, final day 11/13.

    I was extended on an e3 in country through USCIS in September and had planned to travel to London end Nov, and had an appointment planned for a VISA stamping at the London embassy on the 2nd.

    My questions (2 for the price of 1!) are:

    1. Can I turn up for the appointment with a new LCA (assuming I can find another employer) or do I have to scrap the appointment and associated DS160 and start again?

    2. If I had to do a change of status to B1/B2 – do you know how long that takes to approve? And then would I need to visit a consulate to get it stamped?

    Many Thanks,

  26. That sucks Simon. No b/c of the way the appointment application works you would have to do a new one b/c it would be a different reference no. and company for the appointment. You could change to B1/B2 but you have to file that application before your current visa expires. It doesn’t matter if it hasn’t been approved yet as you can still stay in country just can’t leave until it has been adjudicated on otherwise the application will be invalid. Good luck.

  27. In several places above there is mention of a 10 day grace period on termination of employment. This is not the case. There is no grace period.

  28. Hi there Cj,
    Thank you so much for all the helpful info! I just resigned from my job because my boss was unethical and also not paying overtime, and he made me leave immediately which is fine (because I have another job lined up – to begin on Jan 5th). I’m aware based on everyone else’s questions that I now only have 10 days from my final day in which to change the paperwork to my new employer, but I’m assuming that if I have to do the LCA form again, and go through the whole E3 visa process, it is inevitably going to take far longer than 10 days. However, I had intended to head back to Australia regardless to visit family, so therefore apart from leaving the country within 10 days, and then filing a new LCA form and visiting the US Consulate in Sydney with the same documents as for my initial job, is there anything else I’m missing in regards to necessary things to bring? Someone mentioned the employer transfer fee is $300…but do I have to pay that at all if I am going back to Australia to re-apply for my new job and essentially a new E3 Visa?? I would really appreciate your advice!! I just want to save as much money as possible.. My other question is do you personally think it is feasible to do the change of employer documents within the 10-day period? And is that $300 fee in existence because it expedites the process (i.e. enables it the transfer to be done within 10 days) and also means that the E3 visa applicant doesn’t have to go all the way back to their country to process it? Thank you so so much!!!

  29. Craig you can only legally be out of work for 10 days so there is a period as it is the same law as between jobs (assuming no new petition has been filed and received prior to the 10 days). So that also applies at the end of your visa period. It is also the obligation of the employer to pay travel costs home if they terminate employment prior to the expiry of this visa. It is not something that is strongly enforced nor does it in all likelihood have any adverse consequences as long as you leave no later than 3-6 months post the expiry on your visa. However legally speaking if you don’t leave within 10 days you could in theory be barred from future entry or any new visa.

  30. Hi Cj, I agree that there is little likelihood of adverse consequences, so long as it’s seen to be ‘timely’. However, I disagree as to there being a specified grace period.

    At we read:

    “Similar to H-1B nonimmigrants, E, L, O and P nonimmigrants are no longer considered to be maintaining valid status as of the day their petitioned for employment has been terminated. The law and regulations do not provide a grace period for E, L, O, and P nonimmigrants whose employment has been terminated, so once the individual is no longer in a lawful nonimmigrant status, he/she usually must depart from the United States.”

  31. Yes Craig you are correct that is an important clarification in the case of termination prior to visa expiry legally speaking.
    In general with pay stubs covering an employment 2 week period past a termination date plus in good cases termination package payments going 1-4 months post employment finish date as well non-notification to USCIS of termination even from an evidentiary standpoint it practically works out that if a new petition is filed to change visas to B-1 or employers in short order things are ok. USCIS is also allowed to exercise discretion in these cases as well so it not an absolute as well.

  32. Hello hoping you can help me with the below questions as I am finding it difficult to find clear answers.

    My position here in the US was eliminated and my last day of employment is 4/16. I am on an E3 visa. I will be receiving severance until 8/6.

    1. Does the 10 days start from 4/16 or from the last pay check on 8/6?
    2. If I apply for a B2 can I leave the country during the process?
    3. If I find new employment and want to transfer the visa what is the time frame? Does it start from 4/16 or 8/6.
    4. Is my employer responsible for my ticket home?

    Many thanks.

  33. Hi CJ – thanks for this article, super helpful. Could you elaborate more on the 10 days rule? I was always under the belief that we had 60 days grace period to find a new job?

  34. The 60 day rule is one of those things that seems to have change in practice and through rule guidance changes since when this post was originally written in 2009. That said some people may have different experiences. The best advice if changing jobs is to have the new petition filed before leaving current employer, and if laid off just scrambling as fast as you can. Also if you are unfortunately not able to find employment again, your former employer is responsible for paying for your flights home.

  35. On an E3 visa you could also immediately transfer to tourist visa for Australians. It’s instant and gives you a further 6 months in the country.

  36. Hi, CJ or others reading this can you point me to relevant legislation on employers responsible for paying return transportation? They are refusing to do so and I can only find info for H1B visas. Thanks!

  37. If you are on a E3 visa in the USA and the expiry date arrives. Is your employer legally responsible to pay for you and your family’s flights back to Australia?

  38. Questions:

    1: How can I determine if the E-3 Cap has been reached in the current year?

    2: What happens if the position for which a 2-Year(?) E-3 visa is issued (assuming success) disappears for some reason? I understand there is a lawful status issue. What happens if I fail to notify USCIS that I stopped working?

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