lifehouse51

To qualify for a E-3 visa, the job has to REQUIRE a minimum of a Bachelor's degree. Although I can't think of any specific job in the field of Psychology besides academic positions (research assistants, etc.) that will require a Bachelor, but you can certainly try looking around. Alternatively, if you're going for a job in a different field and have extensive working experience, you can use the work experience to substitute for the degree requirement (I think it's 4 years of work = 1 year of undergraduate education, and undergraduate in the U.S. is considered a 4 years program)

wildest

Hi Everyone,
Thanks in advance for your help.
My partner has her e3 and is already in the USA. I'm back here in Melbourne and looking to get my e3d Visa followed by my EAD.

First step; Booking an appointment using VisaPoint.
Which category should I select? The obvious one is 'Temporary Work Program Australian Citizens (E3)' but this then goes on to ask me if I have a ETA Form 9035 which my partner did have when she applied but I'm not sure if I will need to produce it again?

Is E3 the correct category for me to select if I am attending the appointment without the principal applicant for an E3d application?

Thanks,

Tom

ian-mstm

If there's no other suitable category... then yes. The E3D is a dependent visa... as long as you have a copy of your marriage certificate and proof of her E-3 status, you'll get the visa.

Ian

wildest

Thanks for the reply Ian.
I'll proceed to book the appointment shortly.

I've done a fair bit of reading about applying for an EAD but I have one outstanding question.

I'm currently employed in Melbourne and if it all possible, I'd prefer not to leave for the states until I've got my EAD.
The I-765 form question 10 asks for an A-Number or I-94 Number (If any).
- Is it possible to submit the I-765 without my I-94 or will it get rejected without?
- Is the only way to get an I-94 to enter the USA?

Ultimately I'd like to get my E3-D here, submit the EAD application then quit and go to the USA with an EAD.

Thanks again,

Tom

meauxna

Unfortunately, you can't do that. You aren't an E-3D until you arrive in the US.
You can submit your EAD application after arrival, but not before.

wildest

Thank you.

Looks like a quick trip into LAX and back for a weekend!

lifehouse51

Well the thing is, I'm not sure if they want a I-94 number that's still current. When you leave the U.S., your I-94 is taken away and presumably get filed. If you put that I-94 number on the EAD application, I'm not sure if it'll delay processing.

meauxna

Yeah, I have my Qs about that too... the EAD requires biometrics (fingerprinting) too, doesn't it?
Maybe a trip for a few weeks instead?

wildest

Interesting.
I remember reading a thread last night on here where the applicant had an expired I94 and entered that on the application.

The worst case scenario is I pack my bags in June when my contract finishes, head to the US and play XBox for 12 weeks

I might be able to pick up a contract in London for a few weeks though as I have working rights there and some contacts from previous work. If this was the case, do you think I'd need to stay in the US for a few weeks while my application is initially processed so my i94 is valid?

ian-mstm

You don't seem to fully understand... you can not work - at all - while your physical body is inside the US, unless you have permission from the US government (= EAD). It doesn't matter where the source of the income is!

Ian

wildest

Sorry, I don't think I made myself clear. I do understand and I certainly won't be attempting to get work in the USA while waiting for my EAD.

What I'm proposing is to enter the USA to get my I94, submit my EAD application and stick around the states for a few weeks. After this time, I'd look to jump over to London for 8 weeks and pick up some work there.

Would 4 weeks in the USA be a sufficient duration for me to stay in the USA and keep my I94 valid or will I need to stay around for the entire 3 months while my application is being processed?

Thanks,

Tom

ian-mstm

Ah... I see. Yes, that would be fine.


Your I-94 is valid while you're in the US. If you leave the US, your I-94 becomes invalid. Still, for what you're talking about, I'm sure it'll be fine. The US government isn't going to cross-check your I-94 to ensure it's valid up until issuance of the EAD.

Be certain to provide a valid and stable US address where the EAD can be sent.

Ian

wildest

When do you think they would cross-check it?

How long would you wait around in the USA before exiting the country?

ian-mstm

They won't... quite simply, they don't have the resources!


You can leave anytime after your biometrics appointment.

Ian

meauxna

I think that was confusing, the way Ian wrote it.
Other people have done exactly what you propose. Come to the US, gain status, file EAD, do biometrics, leave until EAD is issued, return to US.
It doesn't matter that you would have a different I-94 at return (different from the one you applied for the EAD with).

You have to wait for the biometrics appointment. You can read posts in this forum about applying for EAD to get others' experiences.