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Old Aug 30th 2008, 12:46 pm   #1
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Default Can I transfer from an H4 visa to an E3 visa?

I was hoping someone could help me.
I am an Australian citizen and am getting married soon. My fiance is working in the US with a H1 visa. I am planning to move to the US with him on a H4 visa (which is what I think I can get as his spouse). I was just wondering that when I move there and apply for jobs and if I'm successful then could I transfer to an E3 visa?
Any help would be really appreciated
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Old Aug 30th 2008, 4:56 pm   #2
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Default Re: Can I transfer from an H4 visa to an E3 visa?

http://canberra.usembassy.gov/consul...as/niv/e3.html
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Old Aug 30th 2008, 5:01 pm   #3
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Default Re: Can I transfer from an H4 visa to an E3 visa?

Quote:
Originally Posted by prarthana1984 View Post
I was hoping someone could help me.
I am an Australian citizen and am getting married soon. My fiance is working in the US with a H1 visa. I am planning to move to the US with him on a H4 visa (which is what I think I can get as his spouse). I was just wondering that when I move there and apply for jobs and if I'm successful then could I transfer to an E3 visa?
Any help would be really appreciated
Hi:

As noted in the link posted by Ray -- the answer is yes, provided you otherwise qualify.
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Old Aug 30th 2008, 5:09 pm   #4
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Default Re: Can I transfer from an H4 visa to an E3 visa?

Thank you for replying
But can't see the exact question answered at the link provided. All I could see that related was:

I am already in the U.S. on a different category of visa and want to change to an E-3 visa. What should I do?

Please direct any inquiries to the U.S. Citizenship & Immigration Service (USCIS), as once you are in the U.S. you are responsible for maintaining the correct immigration status with USCIS. Please see their website at www.uscis.gov or contact USCIS’s National Customer Service Center (NCSC) at 1-800-375-5283.

Mind you, I do have conjunctivitis at the moment so I have an excuse if I'm just being blind
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Old Aug 30th 2008, 7:40 pm   #5
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Default Re: Can I transfer from an H4 visa to an E3 visa?

How did that not answer your question? You asked if you can change from H4 to E3. The link says yes, via USCIS.

Having said that, it would probably be easier and faster to go to Canada and get a new E3 issued and then enter on that to start working rather than the internal adjustment.
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Old Aug 31st 2008, 12:50 am   #6
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Default Re: Can I transfer from an H4 visa to an E3 visa?

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Originally Posted by prarthana1984 View Post
I am planning to move to the US with him on a H4 visa (which is what I think I can get as his spouse).
An H-4 can *not* work... ever! Period. End of story.


Quote:
I was just wondering that when I move there and apply for jobs and if I'm successful then could I transfer to an E3 visa?
You can attempt to transfer... yes. Note that while you can apply for jobs, you can *not* accept a job prior to having the E3 visa. Why? Because an H-4 can *not* work... ever. Period. If you have an H-4 and the job application asks whether you're legally able to work in the US, you must answer *no*. If the job application asks when you would be able to begin work, you will not be able to answer with anything meaningful... since an H-4 can *not* work.

So, your employer must be willing to sponsor you *and* be willing to wait until such time as a visa is issued before you can start work.

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Old Aug 31st 2008, 12:58 am   #7
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Default Re: Can I transfer from an H4 visa to an E3 visa?

(But the good news with an E3 is that the deciding factor in length of time before issuance is usually the wait to get an appointment at the consulate if you get a new one - the LCA can be obtained online, quick and cheap).
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Old Aug 31st 2008, 3:32 pm   #8
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Default Re: Can I transfer from an H4 visa to an E3 visa?

Thanks for the responses
So do you guys reccomend going on the visa waiver thing and hoping I get a job in 3 months rather than going through the whole transferring visa mess?
And what does LCA stand for?
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Old Aug 31st 2008, 3:35 pm   #9
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Default Re: Can I transfer from an H4 visa to an E3 visa?

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Originally Posted by prarthana1984 View Post
Thanks for the responses
So do you guys reccomend going on the visa waiver thing and hoping I get a job in 3 months rather than going through the whole transferring visa mess?
And what does LCA stand for?
LCA = Labor Certification Application
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Old Aug 31st 2008, 4:01 pm   #10
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Default Re: Can I transfer from an H4 visa to an E3 visa?

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Originally Posted by prarthana1984 View Post
So do you guys reccomend going on the visa waiver thing and hoping I get a job in 3 months rather than going through the whole transferring visa mess?
One way or the other, you will still need to change your status... but you'll rarely, if ever, find a prospective employer without first being in the US.

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Old Aug 31st 2008, 9:48 pm   #11
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Default Re: Can I transfer from an H4 visa to an E3 visa?

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Originally Posted by ian-mstm View Post
One way or the other, you will still need to change your status... but you'll rarely, if ever, find a prospective employer without first being in the US.

Ian
Sorry - I am not in US but the questions you have asked are readily available on the internet with very little research.....

1. Please read/research before questions like what is LCA
2. http://canberra.usembassy.gov/consul...as/niv/e3.html answers most of the questions.
3. If you travel on VWP as Ian says, you will have to adjust your status sooner rather than later.
4. One question I have for the forum is, if OPs fiance is in US on H1 and has been sponsored for GC - can he stay on H1 and his wife on E-3 ? Or he needs to change to E3D and if so what happens with the GC application
5. E-3 is a 2 year visa which means everytime 2 years you will have to renew it.
6. It's NON dual intent.

Rest - on the webpage above.
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Old Aug 31st 2008, 10:30 pm   #12
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Default Re: Can I transfer from an H4 visa to an E3 visa?

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Originally Posted by E3only View Post
Sorry - I am not in US but the questions you have asked are readily available on the internet with very little research...
I didn't ask any questions at all. Perhaps you should quote the person who actually wanted help.

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Old Aug 31st 2008, 11:44 pm   #13
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Default Re: Can I transfer from an H4 visa to an E3 visa?

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Originally Posted by ian-mstm View Post
I didn't ask any questions at all. Perhaps you should quote the person who actually wanted help.

Ian
Lol - my bad ... ... ...
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Old Sep 1st 2008, 6:51 am   #14
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Default Re: Can I transfer from an H4 visa to an E3 visa?

Quote:
Originally Posted by prarthana1984 View Post
Thanks for the responses
So do you guys reccomend going on the visa waiver thing and hoping I get a job in 3 months rather than going through the whole transferring visa mess?
Hi:

You changed the original question a lot. I don't know about the rest of "you guys" -- but as a lawyer, I know that if you just happened to be my client my probable response would be: NO!.

Please note that although I am a lawyer, I am not YOUR lawyer. I know that when I give such advice to my clients, they tend to get angry.
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Old Sep 3rd 2008, 12:28 am   #15
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Default Re: Can I transfer from an H4 visa to an E3 visa?

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6. It's NON dual intent.
That's not exactly correct. It's not expressly dual intent, but neither is it expressly NOT dual intent. Indeed people on this board have successfully adjusted to GC.
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