ian-mstm

If her E-3 becomes invalid, then your EAD becomes invalid - because in that moment, you have no basis to receive an EAD.

I don't know what might happen if the new E-3 is approved prior to the old one becoming invalid. You may want to speak to an immigration attorney about that... but my gut reaction is pretty much the same: new E-3, new E-3D = new EAD.

Ian

jrrider1

Hi, I was wondering if anyone can help answer a few questions re: my status. I am on E-3 with my current company, expiring April 2014. I was planning to renew my E-3 every two years, for a while. However, my company asked if I would switch to H1-B and I agreed. My H1-B application has been approved and I received a certificate to apply for H1-B at a consulate outside the US after Oct 1, 2013. Apparently, my company's legal representative said that my visa status will change automatically to H1-B on Oct 1, but if I leave the country, I will need to apply for a H1-B stamp on my passport in order to come back into the US.

I am currently interviewing with another company, and if I get a job offer with them, plan to apply for an E-3 with the new company. Given that I am technically on E-3 and that my H1-B doesn't take place until Oct 1, will it be an issue if I all of the sudden switch and apply for an E-3 with the new company and forfeit my status change with the current company?

Thank you!
Dean

maulajatt

You should not have any problem in doing that. Even If you go on H1 after October 1st and then change job and decide to go for E3, it will be fine as well. Also, Your Approved H1 will stay there and if in future you ever wanted to shift back to H1, you dont have to go thru the annual Quota as you already have an approved H1 petition.

ian-mstm

To my understanding, if the H-1B has been approved, the change of status from E-3 to H-1B is immediate... and you don't get the choice of deferring that status until October 1. It would seem that you are currently in H-1B status (you only actually need the visa in your passport if you leave the US). The line gets blurred a bit because you are still working for the same sponsor... but I don't think you are currently in E-3 status.


I don't believe you are!


You don't actually forfeit the status... you just change from one status to another... in this case from H-1B to E-3. At any rate, it shouldn't be an issue. Note though, that you can be in the US in only one status!

Ian

maulajatt

If this is first time H1, it will come into effect on 1st of October only. till then the person will be on his/her current status. Only in H1 transfer cases the change applies immediately.

Also, there are two kind of processing for H1B petition, 1. Counselor processing and 2. Change of status.

Most of the H1 petitions which are filed when applicant is in USA are change of status. which means, applicant's H1 status will come into effect on 1st October.

On the other hand, counsellor processing petition means you will remain in the current status till your current visa/status expires, then you have to leave USA and go out and get an H1b stamp..

Since jrrider1 is on E3 at the moment and assuming this is his first H1B and its a change of status (most likely), he will remain on E3 till 30th September and his H1 status will be instated automatically on 1st October. If after 1st October he leave USA, then he need to get H1B stamp to return, otherwise he can be in USA on H1B as long as his H1 expiry date on the I797 notice of H1 approval.

I hope it helps.

rabbit27

Hi,
Just a quick question. I am British married to an Australian. He is a published author. I have seen that writers can qualify as a specialty occupation.

Could he get an E3 visa as an author, self-employed?

Or would there be more success in his field with an extraordinary ability visa?

Thanks.

wildest

Your husband cannot get an E3 if he intends to be self-employed in the US.

ian-mstm

Ah, thanks for clearing that up! I appreciate it.

Ian

deano2013

Hi All,

I am a first time poster to this forum!

I have started to read through all 56 pages of this forum, and have a few questions in relation to an E-3 Visa.

Ok, so the background of my situation is as follows:

I am in the US at the moment on the VWP. I have about 30 days left but have managed to obtain a job offer with a company that I specialise in. I am an accountant so that is what my new job role is. I have decided to get an immigration attorney (the company are paying $2,000 of the fee, so it won't cost me too much out of pocket).

Today I met up with the attorney and they provided me with all this information. They kept throwing all these extra costs at me i.e. I have a Bachelor of Business (Accounting) + CA + 5 years work experience and they want me to pay $150 to make sure that I have enough qualifications to be able to satisfy the study requirements. Ok I'll cop that fee if that's necessary even though I don't think it is???

Then they went on to say it may take time to process the Visa so I may have to go to the consulate in London. As I don't want to return to Australia due to cost and travel and I have flights out to London anyway that works fine. They then said that they will lodge the LCA as a petition with the USCIS. They then said that I have the option of having premium processing. I just nodded my head but then did more research!

It is A LOT quicker, cheaper and possible to file the LCA (ETA9035) with the US department of Labor and then schedule my interview in London once it's approved. There is NO such thing as premium processing for an E-3! This has made me really upset as I am paying them so much money and I'm the one providing them with information. Even though they claim they have done these many times before.

I don't know what I should do, as I have already paid a big deposit to them. I mean if I tell them to file the LCA with the Department of Labor then that should be fine right? I am not even sure if they realise that you CAN'T change from the VWP to E3.

Has anyone done their interview from London lately and can shed some information about wait times, cost etc?

Sorry about all the rambling I am venting and was wondering if anyone could help me?

Thanks again!

deano2013

Also I was researching another question where I couldn't find the answer anywhere- If I am I'm the US now, can my attorney file the LCA with the Dapetment of Labor and arrange for me to have an interview in London ALL from the US?!!?

I know they can do a petition with the USCIS which I don't want, I want this done quickly and believe going straight online to the US consulate is the quickest method.

Thoughts anyone?

retzie

I have been led up the garden path before by 'experienced' attorneys, who insisted on preparing a petition (with premium processing) for my first E-3 and charging me accordingly! Honestly, if they are trying this on, I'd see about using someone else.

You do not need a petition (I-129) for an E-3 when you apply outside the US - applying at consul, you just need the LCA. Confusion may arise due to the fact you do need an I-129 if you apply for change of status (COS) onto an E-3 while you are within the country. Note that you are NOT eligible for this option, no matter what the lawyers say: you can't change status from the VWP onto anything else.

Regarding the equivalence of qualification: I doubt you really need to have the evaluation done. Plenty of us have not, although my feeling is there is a slightly higher risk if you're applying in a different country to the one where you got your degree. In the scheme of things, $150 isn't that much - I'd think of it as an insurance policy.

Finally, if the total fee comes in at over the $2000 your employer is willing to spend, you've been had! Admittedly, I haven't looked at attorney fees for a while, but my feeling is that a new E-3 should definitely be within that (if not substantially less).

ian-mstm

First, if you paid by credit card, call your company and disallow the charge. If you wrote a check, call your bank and stop payment.

Second, I suggest you go elsewhere, and before you plop down any money, get the entire fee structure in writing. Ask directly whether or not any paralegals will be doing the paperwork, because that's not acceptable.

Third, why doesn't the company have an attorney to do this?

Finally, I hope you didn't sign any paperwork for your new position, because that's illegal. The moment you sign your name, you become a de facto employee... and that is absolutely not allowed on the VWP.

Ian

deano2013

Hi everyone,

So I've tried to cancel the credit card payment but its too late and fine through.

I think I will have to proceed with them however I will have to let them know that I want the attorney to do the LCA directly with Department of Labor. As they are in the US can they apply directly to the DOL? Also are they able to schedule my interview once the LCA is approved in London (whilst they're in the US)?

I have so many questions and they aren't helping me and charging crazy amounts of money! The fees for an E3 whilst in the US are actually consistent to what I'm paying, so whilst its not cheap if they do this right ill be happy.

I'm so nervous at the moment and want everything sorted...

retzie

There is only one way to file for an LCA, which is via the DoL, yes.

From what you said earlier, they offered to file it as part of a petition, which could then get premium processing. To the best of my knowledge, the LCA must precede an I-129 anyway, so there would definitely not be a time-saving by adding an unnecessary petition to the works. Further, premium processing gives you a response in 15 days, while an LCA only takes 7 business days.

You are the one who will schedule your interview, once you have your approved LCA in-hand. Do NOT pay them to make your appointment! It's a 10 minute process that only involves your personal information, so they'd end up spending double the time getting the answers from you first!

Sorry, what does this mean? If you've found fees describing the work needed to obtain an E-3 while within the US (ie. a change of status), these will be MUCH higher than what you need. As I described earlier, COS needs a petition (you don't), which adds $$$ to the lawyer fees.


You really don't...

Keep in mind that your stress levels may be affecting your ability to take in the information they are giving you. However, even if they are competent legally (which I doubt), they have at the very least dropped the ball in the client communication stakes.

It also sounds wrong to me that you would have put down a big deposit. I was just billed for everything (unnecessary petition and all) once it was prepared, but before I received it. This may vary, though.

deano2013

Hi Ian,

Also if I can't sign any paperwork on the VWP how do I get the whole process I.e. LCA up and running whilst in the US?

Am I supposed to leave?

Please help I am really worried