sam

Hi I got my h1b approved. But in my visa interview I got a query regarding my sponsoring company, the decision is still in pending. Now I want to apply
for E3 visa. My question is can I apply for e3 while my h1b visa decision is in
pending.

bcsmyth

I don't think you can have two LCAs in the process for the same applicant - I think you would have to submit a new ETA 9035 form if you started the process for the E3. I would just wait out, you have gone a long way with the H1 if you are up to the stage where it has been approved. Additionally, in theory the consulate would still have a query about your sponsoring company regardless of the type of visa you were applying for.

sam

Hi I mean to ask I want to apply for e3 through a new sponsor.
A new LCA from a new sponsoring company. Because earlier I heard that
one applicant can have two h1 petitions or sponsors.
Please clarify this.

aviezer

Collin,
Good to know. My spouse is also going to the interview in a week or two.
What do you meen by "photo of the photo"?
Please let us know after you enter the U.S. as I expect the POE officers have never heard of the E-3 visa, and this may cause delays in entering.

aviezer

As you all know the LCA does not mention the worker's name but rather the employer's name. As such, you can begin have the new employer apply for his LCA. Once it is approved I don't see why you can not apply for your E-3.
Note, however, that the only dffernce would be that in H1B you do not have to prove that you do not intend to stay in the U.S. for good.

Kevin Keane

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sam wrote:

    >
    >> Quick update for those that are following my application :-) Spouse E3
    >> issued today from Sydney Consulate. No issues, no questions, just
    >> photo of the photo and the fingerprints. All very easy apart from the
    >> 2 hour wait in line!!
    >> All the best to those that follow.
    >> Colin.
    >
    > Hi I got my h1b approved. But in my visa interview I got a query
    > regarding my sponsoring company, the decision is still in pending. Now I
    > want to apply
    > for E3 visa. My question is can I apply for e3 while my h1b visa
    > decision is in
    > pending.

You probably could but would probably end up facing the same issue. Plus,
you would give up your H-1B quota number, and wouldn't be able to change
back to H-1B until October 2006.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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thesonofdad

Good question aviezer, is there anyone actually in the US on an E-3 visa? Was there any problem with POE guys? I'm leaving in two and a bit weeks for the US on my E-3 visa, so any known experiences would be helpful!!

thething

I've read online about a couple of people getting E3's. There is a disturbing report at http://travel.state.gov/pdf/fy%20200...20category.pdf which shows Dept State has approved 4 and rejected 16 E3's so far this year! If they really intend to reject this many E3's then Australia got a raw deal.

The other issue with E3 is no 'dual intent'. Some attorneys are saying E3 is not dual intent, others are saying it is unknown. If you have ever applied for a green card or labor certification, technically this could be a problem.

Does anyone know if you can file for concurrent E3's like you can H1? i.e. hold two E3's for two different jobs?

cafa123

The Consulate takes a photo of your photo - e.g. a digital copy and that is embedded into the Visa in your passort.

We had muliple LCAs in the process - one for a L1 visa, one electronic LCA, one faxed 9035 and one 9035 in the snail mail. We were issued all of them, so can only assume there is no limit or cross checking for a particular applicant.

Hope this assists.
Colin.

cafa123

There are a number of E3 visa available - how do you split the Aussie ones out of the others? Suspect tah tthese figures contain VERY few Aussie applications. better view is next month's figures?

thething

No - the E3 visa is exclusively the Australian visa. Don't confuse it with the EB3.

cafa123

Well tin tha tcase we got 1 of eack - 1 failure and 1 good :-)

thesonofdad

I wonder if refused means actually refused i.e. "No you cannot come to the US on an E-3 visa" or "temporarily" refused as in "give us some more info and we'll reassess". I say this because on the 18th (when these figures were gleaned) my application had been temporarily refused pending the arrival of my LCA, but it was then issued after the 18th.

cafa123

Ours was refused well before the 18th due to a 9035 that did not have the C prefix.

thesonofdad

Well thats my point...If cafa and I are both in the Refused column, and we both got our visas after those figures were published then maybe Australia hasn't got such a "raw deal" as thething suggests.