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E-3 Visa for Australians Thread- It's all in here

E-3 Visa for Australians Thread- It's all in here

Old Sep 11th 2014, 4:14 am
  #1591  
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Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by auschamp
I am again in a same boat, Found a new employer with better career perspectives. So will need to attend to another visa interview. This time I thought I will do this in Canada.

And after reading your post and some reply's it attracted, I called the CSC call center on 703-439-2319 and the person answered the call confirmed " Us consulates in Canada are accepting the E-3 applications" and I can book my visa appointment in any US consulate i like to.

Hope this helps - Also please share your experience once you are done with your interview.
Thank you Auschamp, will definitely keep you updated
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Old Sep 12th 2014, 3:13 pm
  #1592  
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Default Re: Administrative Processing....

Originally Posted by aokashi
Did anyone else follow the 2005 thread all the way to here?

So I went for my visa interview today, he asked a few questions, who my employer will be, what i will do, and my field of study. Unfortunately, this is the first time my company is hiring someone on a E3 and forwarded he LCA form to me without signing it. I also did not check the LCA form to see if anything was missing. I also assumed that as long as the PDF sent to me was the original, that's all I needed. Stupid error on both our parts.

I ended up getting the dreaded 221(g) refusal letter asking for the LCA to be emailed to the consulate.

I guess my questions are
1. has anyone else had this happen to them? ie. missing documents...
2. The guy who interviewed me kidnapped my passport, what does this mean?
3. I've read the administrative proccess can take up to 90 days, will my passport be held captive until then?
4. And if (IF) I can afford it, would it be faster for me to reapply and bring the signed LCA form in person? My Job starts at October 1st, and I really hoped to make it there by then
Hi, did you hear anything from them? I am in the same boat and waiting for about 6 weeks now.
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Old Sep 13th 2014, 11:56 am
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Default Re: Administrative Processing....

Originally Posted by e3geek
Hi, did you hear anything from them? I am in the same boat and waiting for about 6 weeks now.
Nope, still waiting... :P HR at my company said she'll ring them up, I'm not sure whether she will manage to get through.
Sydney US consulate right?
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Old Sep 15th 2014, 11:17 am
  #1594  
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Default Re: E-3 Visa for Australians Thread- It's all in here

My status was updated today to
"Your visa is in final processing. If you have not received it in more than 10 working days, please see the webpage for contact information of the embassy or consulate where you submitted your application."
Does this mean that the E-3 was approved? It really doesn't say and I don't want to get excited too soon...
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Old Sep 15th 2014, 8:20 pm
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Default Re: E-3 Visa for Australians Thread- It's all in here

Hi all

So I have a question about what SOC/ONET code for my new employer to use on the LCA/9035 form. The one that best fits me is Fundraiser (as I do major gifts for nonprofits), however, on the FLC Data Center site the Education and Training Code says "no Level Set". Do you think I'll have issues getting the LCA approved as it looks like you don't need a degree for the role (even though you do for this role)?

I can choose another category that has an education level set at Bachelors, but the other choices that might fit are PR or administrative management. Although the position isn't totally PR or Admin but encompasses parts of that.

Suggestions? Has anyone had an LCA approved with a category that has "no level set" under education?

I want to be able to tell the employer how to complete this form as time is of the essence and I already have an E3 and did all the research myself 2 years ago.

thanks!
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Old Sep 16th 2014, 12:37 am
  #1596  
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Default Re: E-3 Visa for Australians Thread- It's all in here

Visa got! It took about 12 Days.

I'll write down the timeline, hopefully it'll help someone else, just like the forum helped me.
I'm an Australian citizen, but ethnically Chinese, in case that matters.
I studied and recieved my bachelors degree in the US. My E3 is for the same company I worked for while on OPT.
According to HR it took close to 2 months to for the LCA to be approved.

September 4th, went for the Visa interview at Sydney US consulate. Got asked a few very basic questions, didnt show my job offer letter or diploma.
Interviewer notices that the LCA was not signed by my HR. I was handed a 221(g) form and sent home to email them the LCA with HR signature. He didn't say much, and I left a little confused.
I emailed off the LCA that same day. Noticed that my visa status waa under administrative processing.
September 15th (11 days later), I receieved an email notification with a tracking number. The sender was US Consulate Sydney, I gussed that my passport was being sent back to me. Ceac website said my visa was under final processing.
September 16th, 10am, Mail guy knocks on my door and hands me a package. Found my passport inside with shiny new visa. Yay!
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Old Sep 16th 2014, 2:09 am
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Default Re: E-3 Visa for Australians Thread- It's all in here

Hi All,
I was hoping you could help me with the following. I'm filling in the LCA myself and I have previously held an E3 visa. It is running out and instead of renewing it I want to apply for a whole new one, I'm also traveling to Australia to see family and it made sense to do it this way. There are a two questions on the LCA form I'm stuck on:

1. Question B-5: For the employment start date, should this be 11/9 (since my current visa ends 11/8) – or actual start date with the employer (which was back in 2012 under a completely different visa [J1])?
2. Question B-7: Is “B” the appropriate category: “For continuation of employment without change with the same employer”

Many Thanks!
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Old Sep 16th 2014, 5:34 am
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Default Re: E-3 Visa for Australians Thread- It's all in here

Hi guys,

I have a similar problem to what a user named "call" had back on page 101 (but i haven't posted 3 times, so i'm not allowed to direct message). Job category is Film+Video editor, and the interviewer said the job was SVP 6, and thus not specialty. They gave me a 221(g) and told me to submit an LCA with an appropriate job code with SVP7 or above.

For me though, i've had 2 previous E3s approved by both USCIS, and the sydney consulate. Exactly the same everything. My lawyer has suggested a different job code that might work, or interviewing again with an expert letter testifying that my job is specialty. Anything i do from here has a high degree of uncertainty, so i'm trying to figure out what to do.

Also, she showed me the page from the Foreign Affairs Manual that specifies criteria for a specialty occupation: mainly that it requires a bachelors degree. SVP 6 jobs require 2 points, and a bachelors degree is worth 2 points. O*net (last updated 2010) says my job code requires on the job training and/or associates degree, but in the Occupational Outlook Handbook (last updated 2014), entry level education is stated as Bachelors degree.

I feel like i can present a decent case for this if i interview again, but my big worry is that the consulate will take it the wrong way and see me as an annoying person coming back and saying "you're wrong". My opinion is that, due to jetlag and tiredness, i failed to adequately and eloquently state my case and present my job as the highly demanding position that it is. I intend to bring an expert letter as new support for my case, and make it clear that it's my fault for not explaining things sufficiently, and very carefully and politely ask for my new information to be considered.

Sorry for the wall of text. Has anyone any opinions or experience that might help me? Everything is appreciated, thank you for reading.

Last edited by rogmidd; Sep 16th 2014 at 5:53 am.
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Old Sep 16th 2014, 12:25 pm
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Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by Innka9
... instead of renewing it I want to apply for a whole new one.
With respect, you're deliberately complicating things. I suggest you rethink your strategy.

Ian
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Old Sep 16th 2014, 12:34 pm
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Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by rogmidd
My lawyer has suggested a different job code that might work, or interviewing again with an expert letter testifying that my job is specialty.
This seems like good advice.


Also, she showed me the page from the Foreign Affairs Manual that specifies criteria for a specialty occupation: mainly that it requires a bachelors degree. SVP 6 jobs require 2 points, and a bachelors degree is worth 2 points. O*net (last updated 2010) says my job code requires on the job training and/or associates degree, but in the Occupational Outlook Handbook (last updated 2014), entry level education is stated as Bachelors degree.
Do you have a Bachelor's degree? What sort of experience do you have? You've hinted at a number of issues, but you haven't specifically stated what your actual concern is. Do you believe you're not qualified? Do you believe you are qualified but don't have sufficient proof? What?


My opinion is that, due to jetlag and tiredness, i failed to adequately and eloquently state my case and present my job as the highly demanding position that it is.
In that case, I suggest you fly a day or so earlier so that you are not jetlagged or tired, and can present a lucid case.

Ian
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Old Sep 16th 2014, 12:42 pm
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Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by kitty_katty
So I have a question about what SOC/ONET code for my new employer to use on the LCA/9035 form.
What does the employer's attorney suggest?

Ian
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Old Sep 16th 2014, 12:58 pm
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Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by ian-mstm
With respect, you're deliberately complicating things. I suggest you rethink your strategy.

Ian
Sorry, could you please explain? I thought it would be easier to apply for a new E3 visa, rather than file an I-129 given that I will be traveling to Australia anyway. My current E3 runs out in early November so it would be faster to apply for a new E3, right?
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Old Sep 16th 2014, 1:59 pm
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Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by ian-mstm
This seems like good advice.



Do you have a Bachelor's degree? What sort of experience do you have? You've hinted at a number of issues, but you haven't specifically stated what your actual concern is. Do you believe you're not qualified? Do you believe you are qualified but don't have sufficient proof? What?



In that case, I suggest you fly a day or so earlier so that you are not jetlagged or tired, and can present a lucid case.

Ian
Thanks for your reply Ian! I do have a Bachelor's degree in my area, and several years' experience. I believe that i am qualified and have sufficient proof. To clarify: the officer who interviewed me issued me a refusal saying that my job code doesn't constitute a specialty occupation (based on an odd application of SVP codes, according to my lawyer). However, the Foreign Affairs Manual and Occupational Outlook Handbook both seem to clearly indicate that my job code is a specialty occupation (and i've been granted an E3 from identical applications twice already). My concern is that, if i interview again and specifically address this issue, it might invite the response "well my colleague already decided your case, why should i contradict them?".

I will practice and prepare as concise and clear presentation as i can. I guess i'm just worried that the consulate has no incentive to reconsider and i wonder how much hope there is, or if there's anything more i can do to help my case.

Last edited by rogmidd; Sep 16th 2014 at 2:25 pm.
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Old Sep 16th 2014, 2:38 pm
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Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by rogmidd
They gave me a 221(g) and told me to submit an LCA with an appropriate job code with SVP7 or above.
Is there an appropriate SVP7 code for your position? Given that is what was requested, I would focus on delivering that. My guess is that from here, an LCA without an SVP7 code will be an immediate 'computer says no' moment; I doubt trying to convince them the SVP6 code is sufficient will get much traction. Of course, if your attorney has experience otherwise, that's much more relevant.

Do you even need to appear for another interview, or have you been asked to submit the LCA by (e)mail?

Try to remember, you aren't badgering them if you just submit what was requested
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Old Sep 16th 2014, 3:05 pm
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Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by retzie
Is there an appropriate SVP7 code for your position? Given that is what was requested, I would focus on delivering that. My guess is that from here, an LCA without an SVP7 code will be an immediate 'computer says no' moment; I doubt trying to convince them the SVP6 code is sufficient will get much traction. Of course, if your attorney has experience otherwise, that's much more relevant.

Do you even need to appear for another interview, or have you been asked to submit the LCA by (e)mail?

Try to remember, you aren't badgering them if you just submit what was requested
Thank you for your reply retzie!

We are looking at a couple of possible SVP7 codes, although my lawyer's current opinion is that all my avenues right now are equally uncertain. I did receive a 221(g) requesting a new LCA and my passport to be posted. But i really would like to at least try again with the code that has already been accepted twice (i know it's never a guarantee of future acceptance, of course), as well as new documents which support it.

By the way, do you know if the SVP codes, by themselves, are used to qualify E3 job codes? My lawyer tells me that they're used for qualify green card applications. And the Foreign Affairs Manual only says:

INA 214(i)(1) for H-1B defines the term "specialty occupation" to mean "an occupation that requires (A) theoretical and practical application of a body of highly specialized knowledge, and (B) attainment of a bachelor (or its equivalent) or higher degree in the specific specialty as a minimum for entry into the occupation in the United States. Title 8, C.F.R.Section 214(h)(4) further defines "specialty occupation" to mean "an occupation which requires theoretical and practical application of a body of highly specialized knowledge in the fields of human endeavor including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts, and which requires the attainment of a bachelors degree or higher in a specific specialty or its equivalent, as a minimum for entry into the occupation in the United States."

And an SVP 6 requires 2 points; a bachelor's degree is 2 points. And, even according to O*Net, 50% of respondents for SVP6 required bachelor's degrees. For the equivalent position on the Occupational Outlook Handbook, a bachelor's degree is required.

Sorry if it sounds like i'm trying to argue. I'm really not, i just want to know what knowledgeable people think of this because i realise i know next to nothing about this. I appreciate your thoughts. Thank you!
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