ian-mstm

Your new employer is likely going to be disappointed.


You can ask them to expedite but, quite frankly, US immigration has no interest in whether or not their timelines are convenient. From their point of view, you should have started the process sooner.


Let me put it this way... US immigration does not have the resources to hunt you down and force you to leave... and the regulations do allow you a "reasonable" amount of time between your last day with your current employer and when you must leave the US. It sounds as though you're talking less than 2 weeks difference... which isn't likely to be a problem for you.

I'm sure someone will be along shortly to mercilessly vilify me for allowing you the benefit of the doubt.

Ian

kaimmy

My passport expires October 2017 and I am about to get a new e3 visa this month. Do I need to have two years left on my passport for them to give the 2year visa- just trying to figure out if I need to get a new passport before the appointment.

Thanks in advance!

ian-mstm

No, but your I-94 may be valid only until the expiry date on your passport.

Ian

kaimmy

If that is the case does that just mean leaving the country and entering on a new I-94 once I have a new passport next year ?

ian-mstm

Yes, and you'll need to carry both passports with you... one is a valid travel document, the other has your valid visa in it. You don't need to return home; you can make a day trip to Canada or Mexico in order to re-enter the US. This happens all the time!

Ian

kaimmy

Thank you appreciate it! One last question - applying for an EAD renewal also , will they only give that based on how long is left on my passport / will the expiration date for my new EAD be when my passport expires rather than when my visa expires?

ian-mstm

Very likely, yes. It's not the visa date that's important, but how long you have status in the US... and that's determined by the I-94.

Ian

Bermudashorts

Quick question for a friend who will be an E-3 dependent. After coming onshore and applying for the work rights, which I believe take three months, can they go back offshore (alone) and wait it out over there? Or would that cause some other problem.

ian-mstm

If your friend is the spouse: they'll need to be in the US long enough to get biometrics taken, or they'll need to return to the US specifically for that... but so long as they have a stable US address where they'll get mail - no, it won't cause a problem. If they're a child dependent, they aren't allowed to work.

Ian

Bermudashorts

Thank you.

Cobra427

We are going for our first E3/E3D renewals very shortly.

Current LCA/E3 expires at the end of October 2016, however we have decided to try to take advantage of the fact we will be in Europe on vacation mid-August and have secured an application appointment in Amsterdam.

My employer has just filed for the new LCA, however when I checked the employment dates they used in the filing there were starting October 2016 for 2 years, i.e. from the date of expiry of my current LCA/E3.

I had it in my mind that the start date should have been closer to the visa renewal application interview date (August), however to make the change now would mean a whole new LCA filing which will probably not be processed/issued in time for the interview date we have.

Should I be concerned that the new LCA dates are several months ahead of the interview date ?

I read you can apply for the LCA up to 6 months in advance, however this only seems relevant to in-country USCIS renewals.

If the LCA is acceptable, would the new visa start August or October ?

Any experienced advice on this issue is very much welcome.

zenjabba

Your VISA is a ticket into the front door, the LCA the bit that allows you to work. Your old LCA is still valid, so you can still work on your old LCA whilst being granted E3 status upon entry into the USA.

What it means though is your E3 VISA will expire 2 years after your application for the VISA (which will be before the LCA expires) meaning you can continue to work on the LCA as long as you exit and enter the country before your VISA expires).

Remembers, VISA Tickets the front door of the Ball, LCA, Tickets allowing you to dance at the Ball.

ian-mstm

VISA is a registered trade mark for a credit card company. The word you're looking for is: visa. All lower case; it's a simple noun.

By the way, a visa is a travel document only. It isn't a "ticket into the front door"... it's a ticket to the front door - at which point you ask for permission to enter.

Ian

ian-mstm

No.

Ian

Cobra427

Does it help if I pay for my visa with VISA ?