ronnie3960

[QUOTE=Nick2] Thanx for ur information Nick. I will ask my employer to check it once again with DOL.

aviezer

Refused (or rather called "denial") is in the event that rather than telling you at the end of the interview "the visa will be issued in X days", they give you back your passport with a stamp in the last (empty) page "U.S consulate XXXX applied 10/XX/2005"
You also receive a letter saying why you were refused.
It can either be 214(b) which is immigrant intent (then you are a little screwed) or 221(g) which is denial pending on documentation.
I got the 1st time 221(g) on 28/9, so this would meen I am one of those 16 denials (although now I already have the E-3 approved).
So if thesonofdad and Collin (cafa123) also received 221(g), we've already found 3 of the 16 refused , who all got the visa 2nd time around. A bit of a run around but not the end of the world.

aviezer

If you look at the H1B's in the report 1 out of 7 is refused. In the H1B1 (Singapore/Chille) only 1 out of 12 were refused.
My guess is that the E-3 will have atleast the H1B1 ratio. The initial denials are mainly to the mixup at the consulates as to what documents are exactly required (mainly LCA).



Legaly, E3 is not a 'dual intent' visa.
Having said that note however, the law says the following:
"An applicant for an E visa need not establish intent to proceed to the United States for a specific temporary period of time. Nor does an applicant for an E visa need to have a residence in a foreign country which the applicant does not intend to abandon. The alien may sell his or her residence and move all household effects to the U.S. The alien’s expression of an unequivocal intent to return when the E status ends is normally sufficient, in the absence of specific indications of evidence that the alien’s intent is to the contrary"

So there is a bit of confusion in this area. You cannot immigrate but can come for a non-specific temporary period of time, provided you are not out-of-status.

cafa123

Just picked up my passport with the E3 visa - it is designated E3D. I assume for dependant. Expiry date is 2 years and it is annotated with my wife's name.

It would be interesting if the Control Number or the red printed number mean anything. If the others that have a visa want to compare....

Colin.

thething

I agree that the high refusal rate is probably just teething troubles with the E3 visas and the Dept State system, and a case of the left hand not knowing what the right is doing.

But on the other hand, US govt agencies like the USCIS will often take the most strict interpretation possible on any new visas. A good example is the fairly liberal AC21 act passed in 2000 which they have yet to issue any regulations on. Luckily the E3 allows us to bypass USCIS completely which is a good thing. The Dept State has always been a bit more flexible.

I am still concerned about the dual intent thing. A previous employer of mine applied for labor certification three years ago. It's stuck in a backlog somewhere and completely useless to me, but it would suck if it became the reason I got rejected for an E3.

kwirkee76

Hi,


My employer applied for the labor cert through the new PERM system and now I'm stuck in backlog too ... can't change status for about 4 years!!! I hope it doesn't affect my chances of getting an E3 visa too.

Just wondering, does anyone know how much a lawyer should be charging to help one get an E3 visa? I heard it's a lot cheaper and easier than the H1B .. yippee.

aviezer

If you feel you can't do it on your own, by all means take a lawyer.
However, note that you don't really need a lawyer for the E-3 as there are no issues with USCIS (I did it on my own).
If you are Australian, qualified for H1B, have an LCA and a job offer you should be fine.

kwirkee76

I had a H2B visa previously and my lawyer made it seem like I might not be qualified for the H1B. Then she changed her mind and said I might be qualified because someone else in my field was able to get the H1B. Needless to say, I'm worried about doing something wrong inadvertently and detrimentally affecting my chances of staying in the US. My ultimate goal is to get a greencard but *shhhhh* don't tell those who aren't supposed to know. lol

How did you get your LCA? Did you have a lawyer get your H1B?

aviezer

Never applied for an H1B.
I had my employer fill in the LCA for the E-3 (I gave him the DOL instructions).
No lawyers involved.

cafa123

We applied for an L1 and E3 at the same time and got both LCAs - no problems in the end.

jbedi

Hello Colin,

Is that E3-D on your wife's passport...

When she went for her i/v did she took your passport to prove you are the primary E3 or did you both go together and booked i/v at the same time.

In my case I have to take my kids pp's as well with me. Any final thoughts tips ?

cafa123

Call me simple, but we thought it best to kill one at a time - too much confusion for the consulate staff on a new visa. So, my wife applied first and got the standard E3 and then I went for the spouse E3 a week or so later, and got the E3D. I took her passport, marriage certificate, and birth certificate of her first child as it shows the relationship between her maiden name and her previous married name (the only offical document to show this relationship). I think that now they have done a few you should be OK to go together. If there are ANY potential complications take all documents that support and prove your status - better to have them than to keep going back!

Tips, take reading material as the wait can be 2 hours plus, and with the kids take some drawing books etc or whatever will keep them amused. There are NO facilities availble so not too much to drink for the kids!!!!

Good luck, and let us know when you are booked in for the IV.
Colin.

jbedi

No was not thinking of taking the boys. Plan was to fly from Adelaide and be back the smae evening (as kids under certain age need not come).

Still waiting on the newly certified with "C" prefix LCA and once it comes all set. I ma hoping it makes in time for the i/v as Melbourne ,y consulate is heavily booked for the whole month of Nov.

Will keep you guys posted.

cafa123

Keep checking the WEB site - people cancel all the time. Tip - try checking late on a Friday for monday times.

Kevin Keane

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

kwirkee76 wrote:

    >
    >> I agree that the high refusal rate is probably just teething troubles
    >> with the E3 visas and the Dept State system, and a case of the left
    >> hand not knowing what the right is doing.
    >> But on the other hand, US govt agencies like the USCIS will often take
    >> the most strict interpretation possible on any new visas. A good
    >> example is the fairly liberal AC21 act passed in 2000 which they have
    >> yet to issue any regulations on. Luckily the E3 allows us to bypass
    >> USCIS completely which is a good thing. The Dept State has always been
    >> a bit more flexible.
    >> I am still concerned about the dual intent thing. A previous employer
    >> of mine applied for labor certification three years ago. It's stuck in
    >> a backlog somewhere and completely useless to me, but it would suck if
    >> it became the reason I got rejected for an E3.
    >
    > Hi,
    >
    >
    > My employer applied for the labor cert through the new PERM system and
    > now I'm stuck in backlog too ... can't change status for about 4
    > years!!! I hope it doesn't affect my chances of getting an E3 visa too.
    >
    > Just wondering, does anyone know how much a lawyer should be charging to
    > help one get an E3 visa? I heard it's a lot cheaper and easier than the
    > H1B .. yippee.

My guess is that the lawyer's fees are roughly the same as for an H-1B,
maybe even higher, because at least while the kinks are being worked out,
the work involved might be a bit more.

What is cheaper is the government fees. H-1Bs are *very* expensive in that
respect.

- --
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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