E-3 Visa for Australians Thread- It's all in here
Jul 19th 2014, 6:51 pm
#1501
Forum Regular
Joined: Jan 2008
Posts: 210
Re: E-3 Visa for Australians Thread- It's all in here
I don't know how NZ works, but in Australia the notice period is stated in the employment contract and/or award. If you work less than the notice period, then the employer can legally withhold monies from your final payment to make up for the time you didn't work (in addition to not paying you for working that time).
Add to that, NZ is a relatively small place. If he ever intends to return there (or even if he's just looking for a reference for a new job somewhere else), having failed to give notice will likely count against him in trying to find a new job.
Jul 20th 2014, 9:39 am
#1502
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Joined: Feb 2008
Location: Naperville, IL
Posts: 333
Re: E-3 Visa for Australians Thread- It's all in here
Anyone recently took an E3 interview in Sydney? How long does it take to get your passports back?
Jul 23rd 2014, 12:37 am
#1503
BE Forum Addict
Joined: Sep 2006
Posts: 1,966
Re: E-3 Visa for Australians Thread- It's all in here
1. Do I need to attend a new visa to change my employer ( Changing from ABC to XYZ) - I have long way to go before my visa expires or can apply via USCIS and if yes, how long does it take and if i am allowed to work with new employer before the approval notice.
2. Do I need to attend for a new visa if I change my work location with same employer but different client (from NY to California)
Jul 24th 2014, 7:43 am
#1504
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Joined: Jul 2014
Posts: 4
Re: E-3 Visa for Australians Thread- It's all in here
I had a weird experience the other week at the Sydney Consulate in regards to my E3.
My company filled in an LCA and put me as a Video Editor using the SOC (ONET/OES) code 27-4032, but at the interview, I was rejected. I was so shocked and didn't get great clarification from the officer, but he mentioned that the job code wasn't acceptable, or wasn't a 'code 7 or above'. Why would the LCA be approved then? He couldn't give me advice, but suggested I go back to my employer and better classify my position.
I'm really shocked and now I think maybe I need to hire a lawyer. Does anybody have any experience dealing with this kind of rejection? Extremely unpleasant experience.
My company filled in an LCA and put me as a Video Editor using the SOC (ONET/OES) code 27-4032, but at the interview, I was rejected. I was so shocked and didn't get great clarification from the officer, but he mentioned that the job code wasn't acceptable, or wasn't a 'code 7 or above'. Why would the LCA be approved then? He couldn't give me advice, but suggested I go back to my employer and better classify my position.
I'm really shocked and now I think maybe I need to hire a lawyer. Does anybody have any experience dealing with this kind of rejection? Extremely unpleasant experience.
Jul 24th 2014, 4:29 pm
#1505
Forum Regular
Joined: Jan 2008
Posts: 210
Re: E-3 Visa for Australians Thread- It's all in here
My company filled in an LCA and put me as a Video Editor using the SOC (ONET/OES) code 27-4032, but at the interview, I was rejected. I was so shocked and didn't get great clarification from the officer, but he mentioned that the job code wasn't acceptable, or wasn't a 'code 7 or above'. Why would the LCA be approved then? He couldn't give me advice, but suggested I go back to my employer and better classify my position.
Looking at 27-4032.00 - Film and Video Editors, this position is described as having education of "Most occupations in this zone require training in vocational schools, related on-the-job experience, or an associate's degree.", which most likely doesn't qualify under the requirements as a "specialty occupation" as required for an E-3.
His referenced to "better classify" the position means applying for an LCA in a category that does qualify as a "specialty occupation" - and then confirming (via the LCA) that you are being paid suitable for that position in that category.
And yes, getting the company to get a lawyer involved might be a good idea at this stage...
Jul 25th 2014, 5:47 pm
#1506
Just Joined
Joined: Jul 2014
Posts: 1
Re: E-3 Visa for Australians Thread- It's all in here
Hi friends, Just want to let you all know that The Department of State, Bureau of Consular Affairs, is currently experiencing technical problems with the U.S. non-immigrant visa system.
This issue is worldwide and applies to all countries, nationalities, and visa categories.
If you had your visa interview between July 21st and July 24th and your visa was approved, your visa and passport return will likely be delayed by several days.
Please follow travelgov Facebook page at (www.facebook.com/travelgov) for the updates if you already have interview and waiting for your passport or if you are planning for E3 renewal in near future.
This issue is worldwide and applies to all countries, nationalities, and visa categories.
If you had your visa interview between July 21st and July 24th and your visa was approved, your visa and passport return will likely be delayed by several days.
Please follow travelgov Facebook page at (www.facebook.com/travelgov) for the updates if you already have interview and waiting for your passport or if you are planning for E3 renewal in near future.
Jul 26th 2014, 4:55 am
#1507
Just Joined
Joined: Jul 2014
Posts: 4
Re: E-3 Visa for Australians Thread- It's all in here
The LCA relates to the salary that is being paid, not to whether the position in question is suitable for an E-3 visa.
Looking at 27-4032.00 - Film and Video Editors, this position is described as having education of "Most occupations in this zone require training in vocational schools, related on-the-job experience, or an associate's degree.", which most likely doesn't qualify under the requirements as a "specialty occupation" as required for an E-3.
His referenced to "better classify" the position means applying for an LCA in a category that does qualify as a "specialty occupation" - and then confirming (via the LCA) that you are being paid suitable for that position in that category.
And yes, getting the company to get a lawyer involved might be a good idea at this stage...
Looking at 27-4032.00 - Film and Video Editors, this position is described as having education of "Most occupations in this zone require training in vocational schools, related on-the-job experience, or an associate's degree.", which most likely doesn't qualify under the requirements as a "specialty occupation" as required for an E-3.
His referenced to "better classify" the position means applying for an LCA in a category that does qualify as a "specialty occupation" - and then confirming (via the LCA) that you are being paid suitable for that position in that category.
And yes, getting the company to get a lawyer involved might be a good idea at this stage...
The official was really cool about it, he obviously didn't want to deny me and told me to just reclassify it with the company, and I should be fine. I could just get them to redo the LCA but yah, I'm a little concerned I'll get a grilling at the second interview and they'll want to know more details.
Ugh. What a pain in the ass. Strangely I know people who have used the same job code and been fine, both with E3 and H1B. I've had a few recommendations regarding lawyers for my E3 and they range around $3000. Ouch!
Jul 26th 2014, 12:50 pm
#1508
Forum Regular
Joined: Jul 2008
Location: San Francisco, CA
Posts: 68
Re: E-3 Visa for Australians Thread- It's all in here
Hello all - would appreciate any thoughts on my situation..
I'm currently in the US on an H1B and am in the process of looking for a new job. Said job would be on an E3 visa simply due to its ease of access and no wait times for starting etc.
I've read throughout this thread that there may be difficulties with obtaining a new E3 from Canada as opposed to renewing for those coming from the US on the VWP. I wonder though if the same applies for my situation where I would be coming from the US on an H1B? Albeit, it would technically be out of status at that time as I would resign before leaving to go up and apply for the new E3. As an aside, I was, many years ago, on an E3 too that my current employer changed over to H1B some years back.
I noted the following from the Ottawa consulate: "E-3 visa applicants may apply via the normal process at the US Embassy or any Consulate across Canada" but would love to hear some thoughts here.
I'm currently in the US on an H1B and am in the process of looking for a new job. Said job would be on an E3 visa simply due to its ease of access and no wait times for starting etc.
I've read throughout this thread that there may be difficulties with obtaining a new E3 from Canada as opposed to renewing for those coming from the US on the VWP. I wonder though if the same applies for my situation where I would be coming from the US on an H1B? Albeit, it would technically be out of status at that time as I would resign before leaving to go up and apply for the new E3. As an aside, I was, many years ago, on an E3 too that my current employer changed over to H1B some years back.
I noted the following from the Ottawa consulate: "E-3 visa applicants may apply via the normal process at the US Embassy or any Consulate across Canada" but would love to hear some thoughts here.
Jul 30th 2014, 7:42 pm
#1509
BE Forum Addict
Joined: Sep 2006
Posts: 1,966
Re: E-3 Visa for Australians Thread- It's all in here
I have always got my renewals in Toronto. I think part of the issue now is waiting time for an interview. I haven't actually seen an firsthand experiences written here about someone turning up and being denied an E3 application.
Jul 30th 2014, 7:46 pm
#1510
Forum Regular
Joined: Jul 2008
Location: San Francisco, CA
Posts: 68
Re: E-3 Visa for Australians Thread- It's all in here
Cheers augigi. I guess the concern is I would be really getting a new E3 (changing from H1B) rather than a simple renewal and have heard that in that particular circumstance you should go back to Australia. Some consulates even specifically say so e.g. Mexico City but none of them in Canada explicitly say you can't.. would just hate to run into any problems up there
Aug 1st 2014, 2:42 pm
#1511
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Joined: Aug 2014
Posts: 1
Re: E-3 Visa for Australians Thread- It's all in here
Hi all,
I asked two E-3 questions here but for whatever reason they didn't seem to attract any replies - perhaps because I didn't do the greatest job in writing them. So I'm giving it another shot here, apologies for the double post. I would really appreciate any input anyone may have.
1. I'd like to secure a new E-3 with a new employer before I resign from my current E-3 employer. The problem I see is that I need to give my current employer four weeks notice. Is it possible for my new E-3 to have a start date four weeks in the future and my current E-3 to remain valid until then? Does changing employers via I-129 have any advantage in this regard, versus getting a new visa from a consulate?
2. I have a dependent on E-3D with an EAD that expires in late 2013. If they are to get a fresh E-3D at a US consulate today, can they return to the US and immediately continue working on their current EAD? Some posts I've found on the net suggest this is OK; that the EAD is valid so long as the holder is in E-3D status of some kind and their EAD has not expired. I'm struggling to find anything official though. I want to make sure they don't have to quit their job if I change employers by getting a new visa from a consulate instead of I-129.
I've been searching the web and USCIS with little success so far. I'd really appreciate any advice anyone may have!
Thanks in advance
phb
I asked two E-3 questions here but for whatever reason they didn't seem to attract any replies - perhaps because I didn't do the greatest job in writing them. So I'm giving it another shot here, apologies for the double post. I would really appreciate any input anyone may have.
1. I'd like to secure a new E-3 with a new employer before I resign from my current E-3 employer. The problem I see is that I need to give my current employer four weeks notice. Is it possible for my new E-3 to have a start date four weeks in the future and my current E-3 to remain valid until then? Does changing employers via I-129 have any advantage in this regard, versus getting a new visa from a consulate?
2. I have a dependent on E-3D with an EAD that expires in late 2013. If they are to get a fresh E-3D at a US consulate today, can they return to the US and immediately continue working on their current EAD? Some posts I've found on the net suggest this is OK; that the EAD is valid so long as the holder is in E-3D status of some kind and their EAD has not expired. I'm struggling to find anything official though. I want to make sure they don't have to quit their job if I change employers by getting a new visa from a consulate instead of I-129.
I've been searching the web and USCIS with little success so far. I'd really appreciate any advice anyone may have!
Thanks in advance
phb
Aug 1st 2014, 2:59 pm
#1512
BE Enthusiast
Joined: Feb 2008
Location: Naperville, IL
Posts: 333
Re: E-3 Visa for Australians Thread- It's all in here
Cheers augigi. I guess the concern is I would be really getting a new E3 (changing from H1B) rather than a simple renewal and have heard that in that particular circumstance you should go back to Australia. Some consulates even specifically say so e.g. Mexico City but none of them in Canada explicitly say you can't.. would just hate to run into any problems up there
Aug 1st 2014, 5:34 pm
#1513
Just Joined
Joined: Aug 2014
Posts: 3
Re: E-3 Visa for Australians Thread- It's all in here
Hi all
This is a fantastic thread - I have looked through a bit, but apologies if this has already come up (with hundreds and hundreds of posts I haven't looked totally in depth).
I have been on an E3 for nearly two years and I'm tossing up whether I want to leave, stay in my current role, or get another
A couple of questions:
1. I know this is has been brought up before but my visa has an end date of 08/27 and the I-94 09/04. It seems you all agree that I should use the LCA date...problem is I don't what the expiry on the LCA is ...I don't think I have a copy. Would that be the date on the E3 visa in my passport?
2. I know I can get a new LCA for a new employer, however, as my E3 visa is soon to expire, I take it I should just get a new visa - correct?
3. I'm currently interviewing with another organisation and should I get an offer and decide to get a new visa, can they lodge the 9035 form whilst I am still working out my notice period at my current employer? Or do I have to stop working before they do that? How long can I keep working for my current employer?
I see that you've mentioned Canadian appt times are horrific at the moment-any one been to London recently?
thanks so much!
This is a fantastic thread - I have looked through a bit, but apologies if this has already come up (with hundreds and hundreds of posts I haven't looked totally in depth).
I have been on an E3 for nearly two years and I'm tossing up whether I want to leave, stay in my current role, or get another
A couple of questions:
1. I know this is has been brought up before but my visa has an end date of 08/27 and the I-94 09/04. It seems you all agree that I should use the LCA date...problem is I don't what the expiry on the LCA is ...I don't think I have a copy. Would that be the date on the E3 visa in my passport?
2. I know I can get a new LCA for a new employer, however, as my E3 visa is soon to expire, I take it I should just get a new visa - correct?
3. I'm currently interviewing with another organisation and should I get an offer and decide to get a new visa, can they lodge the 9035 form whilst I am still working out my notice period at my current employer? Or do I have to stop working before they do that? How long can I keep working for my current employer?
I see that you've mentioned Canadian appt times are horrific at the moment-any one been to London recently?
thanks so much!
Aug 1st 2014, 6:06 pm
#1514
Forum Regular
Joined: Jan 2008
Posts: 210
Re: E-3 Visa for Australians Thread- It's all in here
1. I know this is has been brought up before but my visa has an end date of 08/27 and the I-94 09/04. It seems you all agree that I should use the LCA date...problem is I don't what the expiry on the LCA is ...I don't think I have a copy. Would that be the date on the E3 visa in my passport?
2. I know I can get a new LCA for a new employer, however, as my E3 visa is soon to expire, I take it I should just get a new visa - correct?
3. I'm currently interviewing with another organisation and should I get an offer and decide to get a new visa, can they lodge the 9035 form whilst I am still working out my notice period at my current employer? Or do I have to stop working before they do that? How long can I keep working for my current employer?
2. I know I can get a new LCA for a new employer, however, as my E3 visa is soon to expire, I take it I should just get a new visa - correct?
3. I'm currently interviewing with another organisation and should I get an offer and decide to get a new visa, can they lodge the 9035 form whilst I am still working out my notice period at my current employer? Or do I have to stop working before they do that? How long can I keep working for my current employer?
2. Not sure what you're asking. If you want to get a new E3 (new employer) or an E3R (renewal, same employer), then you need a new LCA.
3. The LCA is not in any way tied to you until you apply for your visa, so yes, they can apply for it whilst you're still working for your current employer. You can even apply for your new visa whilst still working for your current employer - as long as you still have a valid LCA.
Aug 1st 2014, 6:10 pm
#1515
BE Enthusiast
Joined: Feb 2008
Location: Naperville, IL
Posts: 333
Re: E-3 Visa for Australians Thread- It's all in here
Hello, I have a situation here and thought discuss with people here on BE. I applied for a new E3 last week in Sydney and got a 221(g). That application is still in process. Can I travel on my existing E3 and stay in US until my application in in AP?