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Old Feb 9th 2011, 4:13 am   #46
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Default Re: E-3 Visa for Australians Thread- It's all in here

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Originally Posted by dmzungu View Post
Hi Everyone,
I've now started working in my new role, with an E3 Visa!

Here's a bit of a run-down on what I encountered...
That really helps, thanks so much for your run-down.

I had already decided to go to Sydney to do mine, so it's great to hear I'm making the right decision as I was originally going to do it in Canada. I didn't realise the they were getting rejected in Canada.

I have a couple of friends who have gotten their E3 without using a lawyer, and I was hoping to do the same. I've already told my employer about that and they seem ok with it, however their legal team will fill out the LCA.

I'm hoping mine is straightforward enough to not need a lawyer, but it was very interesting finding out how yours works.

Congratulations on your job!
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Old Feb 9th 2011, 10:49 am   #47
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Default Re: E-3 Visa for Australians Thread- It's all in here

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Originally Posted by dmzungu View Post
When entering the US, you need to make sure they have the full 2yr timeframe written on the white form that's stapled into your passport. It's two years from the LCA approval date, not 2yrs from the Visa issuance date.
I've always got 2 years from the date of entry written on my I-94 (I can still only work until the expiration of the LCA though so it's not much help).
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Old Feb 9th 2011, 4:43 pm   #48
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Default Re: E-3 Visa for Australians Thread- It's all in here

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Originally Posted by augigi View Post
I've always got 2 years from the date of entry written on my I-94 (I can still only work until the expiration of the LCA though so it's not much help).
+1

2 years on the I-94 for me runs from the date of entry....
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Old Feb 9th 2011, 5:18 pm   #49
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Default Re: E-3 Visa for Australians Thread- It's all in here

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Originally Posted by augigi View Post
I've always got 2 years from the date of entry written on my I-94 (I can still only work until the expiration of the LCA though so it's not much help).
This has been discussed at length, and there's been no end of variations on what people have received.

I've queried it a few times when I've entered the country, and on at least 2 occasions I've had the immigration officer lookup in their book and confirm that it's supposed to be no later than the visa expiry date, which is in turn no later than the LCA expiry date.

However if they do give you the wrong date then you are probably legal to stay in the country until that date, as long as you follow the other requirements of your Visa, which includes the fact that your LCA must not have expired, and you must not stay in the country for more than 10 days after you stop employment.

ie, at the end of the day, staying in the country more than a little beyond the LCA date will make you illegal - regardless of what's on your I94. (Presuming you have filed for an extension/change of status/etc of course)

My current I94 is 1 day short of 2 years from entry. The one before that was the visa expiry date. The one before that was exactly 2 years from date of entry (1 day later than the current one). The one before that was the visa expiry date. Out of close to 30 entries into the USA on an E-3, the majority of mine are the visa expiry date, but there's a real mix...
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Old Feb 9th 2011, 5:55 pm   #50
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Default Re: E-3 Visa for Australians Thread- It's all in here

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Originally Posted by Yamoo View Post
That really helps, thanks so much for your run-down.

I had already decided to go to Sydney to do mine, so it's great to hear I'm making the right decision as I was originally going to do it in Canada. I didn't realise the they were getting rejected in Canada.

I have a couple of friends who have gotten their E3 without using a lawyer, and I was hoping to do the same. I've already told my employer about that and they seem ok with it, however their legal team will fill out the LCA.

I'm hoping mine is straightforward enough to not need a lawyer, but it was very interesting finding out how yours works.

Congratulations on your job!
HI Yamoo

I was just wondering if you will be leaving the US with the original copy of the LCA
in your hands or will be waiting for it through the mail in Sydney. My employer's
lawyer suggests for me to wait for it overseas as to not be thought as having pre-conceived
immigrant intent when I file my initial E-3 visa (since I'm currently in the US on a VWP). Thank you
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Old Feb 9th 2011, 6:02 pm   #51
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Default Re: E-3 Visa for Australians Thread- It's all in here

Quote:
Originally Posted by dmzungu View Post
Hi Everyone,
I've now started working in my new role, with an E3 Visa!

Here's a bit of a run-down on what I encountered.

My employer paid for an immigration lawyer, who re-iterated most of what's on these forums. However, one very important point was added:

If you are in the USA on the Visa Waiver Program (VWP), you cannot get an E3 visa in Canada if you travel there directly. The lawyers have told me that Canada is now strict on this rule. The appointment system will let you book an interview, but once you get there, you'll be rejected. The lawyers confirmed that you can renew your E3 visa in Canada.

I travelled to London from NYC for my E3 interview. The lawyers said it is a good place for E3's as they are familiar with the requirements and have a fast turn-around time. I was able to book via phone a few days in advance. I booked an 8:30am interview and turned up just after 8am. I waited outside in the line for about 35mins to pass through security. Note that you cannot take ANY electronics inside. This includes mobile phones and also any electronic keys or car remotes. You cannot take large bags inside. This includes backpacks, day bags or briefcases. If you have these, you'll be asked to leave and get rid of them. There's a few places near by that rent lockers. I saw people get asked to leave because they had an electronic keypass, and also not all the paperwork. Don't panic if this happens, as even though you'll then be late for your interview, they aren't strict on interview times.

You'll need the receipts for the interview booking, e3 fees, approved LCA, etc. I also had a letter of support from my employer stating my role and that a uni education was required.

Once inside, I waited for about 20-30mins before I was called to the first window. They took my application and passport and asked me to sit back down and wait for the interview. Another 1hr or so wait and I was called to the interview window. 5mins later I was approved. Pretty simple questions that you will know about the new job, your qualifications etc. They didn't ask to see my actual qualifications (we used trustforte to get the certified comparison). It was all completed by 11:30am.

I paid for expedited courier, about another 20 pounds(!) on top of the courier fee. I had my interview on Monday morning and my passport arrived at my address at 6:15am Thursday morning so I was able to fly back to NYC at noon. When you pay for the courier they will tell you when to expect delivery.

When entering the US, you need to make sure they have the full 2yr timeframe written on the white form that's stapled into your passport. It's two years from the LCA approval date, not 2yrs from the Visa issuance date.

Hope this helps!

Dear dmzungu

Thank you for an enlightening response. I just have a question.
I was just wondering if you left the US with the original copy of the LCA
in your hands or was it sent by mail (or express post/FedEX) to you in London? My employer's
lawyer suggests for me to wait for it overseas as to not be thought as having pre-conceived
immigrant intent when I file my initial E-3 visa (since I'm here in the US on a VWP). Thank you very much in advance for your response.
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Old Feb 9th 2011, 9:07 pm   #52
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Default Re: E-3 Visa for Australians Thread- It's all in here

Quote:
Originally Posted by docnetau View Post
This has been discussed at length, and there's been no end of variations on what people have received.
I've queried it a few times when I've entered the country, and on at least 2 occasions I've had the immigration officer lookup in their book and confirm that it's supposed to be no later than the visa expiry date, which is in turn no later than the LCA expiry date.
However if they do give you the wrong date then you are probably legal to stay in the country until that date, as long as you follow the other requirements of your Visa, which includes the fact that your LCA must not have expired, and you must not stay in the country for more than 10 days after you stop employment.
ie, at the end of the day, staying in the country more than a little beyond the LCA date will make you illegal - regardless of what's on your I94. (Presuming you have filed for an extension/change of status/etc of course)
My current I94 is 1 day short of 2 years from entry. The one before that was the visa expiry date. The one before that was exactly 2 years from date of entry (1 day later than the current one). The one before that was the visa expiry date. Out of close to 30 entries into the USA on an E-3, the majority of mine are the visa expiry date, but there's a real mix...
You just agreed, rather verbosely, with exactly what I said - even if you get 2 yrs from the date of entry, it does you no good work-wise.

Last edited by augigi; Feb 9th 2011 at 9:16 pm.
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Old Feb 9th 2011, 11:18 pm   #53
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Default Re: E-3 Visa for Australians Thread- It's all in here

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Originally Posted by augigi View Post
You just agreed, rather verbosely, with exactly what I said - even if you get 2 yrs from the date of entry, it does you no good work-wise.
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Old Feb 9th 2011, 11:33 pm   #54
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Default Re: E-3 Visa for Australians Thread- It's all in here

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Originally Posted by kriggles33 View Post
HI Yamoo

I was just wondering if you will be leaving the US with the original copy of the LCA
in your hands or will be waiting for it through the mail in Sydney. My employer's
lawyer suggests for me to wait for it overseas as to not be thought as having pre-conceived
immigrant intent when I file my initial E-3 visa (since I'm currently in the US on a VWP). Thank you
Hi kriggles33,

I'm already booked to leave the states on Feb 22, so it will depend when my LCA gets to me. It seems that it will take 7 days for the approval to come through, however I'm not sure when the company is lodging it, they may not have done it yet.

If it's not approved by the time I leave I'll either ask them to courier it to me in Australia or I have someone in NY who can send it to me in Australia.

When you say that your lawyer recommends overseas, you mean outside the US, right? I'm also in the US on VWP, so it seems I'm in the same boat as you.
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Old Feb 10th 2011, 12:09 am   #55
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Default Re: E-3 Visa for Australians Thread- It's all in here

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Originally Posted by Yamoo View Post
Hi kriggles33,

I'm already booked to leave the states on Feb 22, so it will depend when my LCA gets to me. It seems that it will take 7 days for the approval to come through, however I'm not sure when the company is lodging it, they may not have done it yet.

If it's not approved by the time I leave I'll either ask them to courier it to me in Australia or I have someone in NY who can send it to me in Australia.

When you say that your lawyer recommends overseas, you mean outside the US, right? I'm also in the US on VWP, so it seems I'm in the same boat as you.
Hi Yamoo

The employer's lawyer did suggest for me to apply overseas (Canada/Australia).
After reading the posts of people here in the thread, I have decided to do my initial
E-3 visa in Sydney.
I have plans of going back to Sydney around the 19th/20th of Feb, haven't booked
tickets yet. I was thinking if I can wait for the LCA to be mailed to me here
in the US before I fly to Sydney, since I do not have any definite date of flying back to Sydney.
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Old Feb 10th 2011, 1:33 am   #56
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Default Re: E-3 Visa for Australians Thread- It's all in here

Quote:
Originally Posted by kriggles33 View Post
Hi Yamoo

The employer's lawyer did suggest for me to apply overseas (Canada/Australia).
After reading the posts of people here in the thread, I have decided to do my initial
E-3 visa in Sydney.
I have plans of going back to Sydney around the 19th/20th of Feb, haven't booked
tickets yet. I was thinking if I can wait for the LCA to be mailed to me here
in the US before I fly to Sydney, since I do not have any definite date of flying back to Sydney.
Hi,

The lawyer may have suggested that but as far as I know you absolutely have to apply for it outside the US (Canada/UK/Australia). I don't think it's even possible to transfer from a VWP to an E3 while in the States. Finding out from dmzungu that Canada is strict on first-time E3 applicants makes me more certain that I want to do it in Australia - plus this way I get to visit family before starting work so it's win/win.

So if you're planning on waiting in the US for your LCA before flying back, is that going against what the lawyer recommends? I can see how waiting for it would make life easier though.

Thanks for discussing this with me, it's complex stuff!
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Old Feb 10th 2011, 1:46 am   #57
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Default Re: E-3 Visa for Australians Thread- It's all in here

Quote:
Originally Posted by kriggles33 View Post
I was just wondering if you will be leaving the US with the original copy of the LCA in your hands or will be waiting for it through the mail in Sydney. My employer's lawyer suggests for me to wait for it overseas as to not be thought as having pre-conceived immigrant intent when I file my initial E-3 visa (since I'm currently in the US on a VWP).
They may be alluding to the fact that you can't sign a contract while on the VWP. It seems plausible that they won't process the LCA until you have signed, so the timeline would be:
  1. You leave the US
  2. You sign a contract wherever you are
  3. They process the LCA and send it along to you
  4. You receive the approved LCA (while still not being in the US.)

You already know about Steps 1 and 4 - it sounds like they may not have mentioned Steps 2 and 3.

I'm not sure where "pre-conceived immigrant intent" comes from . Perhaps they were (rightly) pointing out that signing while on the VWP is not allowed and could harm your E-3 application.
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Old Feb 10th 2011, 1:06 pm   #58
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Default Re: E-3 Visa for Australians Thread- It's all in here

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You sign a contract wherever you are
To clarify, he can sign a contract only in a country where he is authorized to work. He can't just go anywhere and sign.

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Old Feb 11th 2011, 2:50 am   #59
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Default Re: E-3 Visa for Australians Thread- It's all in here

Quote:
Originally Posted by kriggles33 View Post
Hi Yamoo

The employer's lawyer did suggest for me to apply overseas (Canada/Australia).
After reading the posts of people here in the thread, I have decided to do my initial
E-3 visa in Sydney.
I have plans of going back to Sydney around the 19th/20th of Feb, haven't booked
tickets yet. I was thinking if I can wait for the LCA to be mailed to me here
in the US before I fly to Sydney, since I do not have any definite date of flying back to Sydney.
For your initial E3, it's better to apply for it in Australia or at a place where you have permanent residency. And I'd suggest signing the contract and have the approved LCA mailed to an overseas address as well. Also, in case it's not obvious, your employer's letter describing your job duties and required qualification is also very important.
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Old Feb 13th 2011, 7:51 am   #60
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Default Re: E-3 Visa for Australians Thread- It's all in here

Hi Yamoo,

I'm going through this process for the 4th time now and Australia is probably the easiest to get it done. My first two E-3s were processed in Frankfurt and my last one was done in Sydney.

I've read a couple of your posts and my current situation is somewhat similar. I went through 3 interviews with my soon to be new employer and was offered the position on January 26th.

Since then it's been slow moving and my case has been tossed around from one person to the next in their HR Dept before I got an email from them on Feb 2nd they were seeking legal advice from their attorney about the whole "specialty occupation" definition. Anyway, the following day they emailed me saying they would completing the process and prepare to file for the LCA on the 4th and then forward me the certified copy and the job offer letter once it was all done.

Well, since then I haven't heard back from them and it's been over a week now since their presumed date they submitted the LCA. I know it takes about 7 business days for it to be turned around so hopefully I'll hear from them by mid week.

I personally haven't signed up for an appointment time yet as I don't want to leave for Australia until I have the LCA physically in my hand. I am also still working for my current employer until this happens so I don't fall between the crack of quitting my existing job and not having my new one all sorted.

I'd be interested to hear how your situation is going. All the best for both of us!

Quote:
Originally Posted by Yamoo View Post
That really helps, thanks so much for your run-down.

I had already decided to go to Sydney to do mine, so it's great to hear I'm making the right decision as I was originally going to do it in Canada. I didn't realise the they were getting rejected in Canada.

I have a couple of friends who have gotten their E3 without using a lawyer, and I was hoping to do the same. I've already told my employer about that and they seem ok with it, however their legal team will fill out the LCA.

I'm hoping mine is straightforward enough to not need a lawyer, but it was very interesting finding out how yours works.

Congratulations on your job!
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