E-3 Visa 2009 Thread

Old Jul 8th 2009, 5:32 am
  #121  
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Default Re: E-3 Visa 2009 Thread

Originally Posted by Aussie in Little Rock View Post
Augigi, thanks for your post. But has the DS-160 not replaced the DS-156 and DS-157 forms? From what I've managed to read, I think this is the case.

Has anyone gotten an E-3 from a US Consulate in Sydney, Melbourne or Perth in the last month or so? If you have, please let me know what documents they requested.

Thanks!

We had our interview at the Melbourne Consulate in June and presented the DS-156 / DS-157 forms. These were accepted without any problems. I just thought I had better double check and found this on the Canberra US website.

"Notice: New Application Procedure
U.S. Consulates in Australia are adopting a new electronic visa application procedure developed by the Department of State. The information available on the website has changed to reflect this new application process. Any applicant who has already completed the DS-156 application form may still use the old application process during the transition. For any inquiries regarding this change please contact [email protected]."
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Old Jul 8th 2009, 7:20 am
  #122  
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Default Re: E-3 inadvertently left US and stuck in London - URGENT

Hey Guys,
OK, no silly comments about how stupid I am but hindsight is a wonderful thing.
I am an Australian citizen working in the US
I entered the US under an E3 along with my wife and 2 daughters (E3D)
My original E3 expired on 11/23/08 and was subsequently renewed with
the current expiry in Nov 2010 (from memory?) I holidayed in france
for 2 weeks and was denied entry back to the US this morning due to
not having (unbenownst to me) the correct visa issuance.
My understanding was that the letter I received from the USICS was
approval for a further 2 years under the same conditions as my
previous visa which I have found now not to be the case. (It was my status that was renewed but not the physical visa)
I understand that there is no way to get back to the US and have searched for the quickest processing times to relodge for new E3.
Qn,
I can return to Australia and process which currently has 3 day interview wait in Sydney, but cost of flights for whole family on short notice is pricey. Can get to Florence (3 days) quicker and cheaper from London. Do I need to be an Italian national to apply thru Florence?
Just trying to work out the cheapest, quickest route back to the states.
Love the forum, regards to all

Last edited by MikeWine; Jul 8th 2009 at 7:22 am.
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Old Jul 8th 2009, 1:26 pm
  #123  
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Default Re: E-3 Visa 2009 Thread

Thanks Steve,
Yeah I know of the changes for the 160 going in via Visapoint but am trying to carefully look at option for going to Prague (booking system is currently down, due up shortly) to complete as they seem to have a short wait time.
Fingers crossed.
Still have next Wednesday booked in Sydney as I've been thru all this before but wanted to try and not have the expensive airfares (short notice) as well as the dead flights from UK back to SFO.
Many thanks
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Old Jul 9th 2009, 4:40 am
  #124  
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Default Re: E-3 Visa 2009 Thread

If you have all the required documents you will most likely not have any problems getting the actual visa in your passport.

Whenever you get a visa extension via uscis, you MUST go to a consulate to get the actual visa in the passport if you leave the country. Hope everyone in the forum will remember this important bit of information.

Good luck mate and keep us posted.
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Old Jul 9th 2009, 4:43 am
  #125  
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Default Re: E-3 Visa 2009 Thread

Did anyone in this forum get a change of status to E3 approved (from H1 or other visa types) with uscis instead of going to Canada or Aussie within the last 3-4 months?

How long is it taking for uscis to approve/deny change of status cases to E3? Thank you all.
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Old Jul 11th 2009, 2:47 am
  #126  
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Default Re: E-3 Visa 2009 Thread

I have been reading E-3 information for the past 4 hours and I am stuck on one issue (It is Saturday also, so every consulate I have called is closed!) -

Can I apply for my E-3 VISA from a US embassy in Mexico at all?

I have all of the necessay documents etc.. the only thing I need now is the interview. I am a lot closer to Mexico than Canada and would love any information from anyone who had knoweledge on applying for the E-3 in Mexico??
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Old Jul 20th 2009, 10:07 pm
  #127  
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Default Re: E-3 Visa 2009 Thread

Originally Posted by MikeWine View Post
Thanks Steve,
Yeah I know of the changes for the 160 going in via Visapoint but am trying to carefully look at option for going to Prague (booking system is currently down, due up shortly) to complete as they seem to have a short wait time.
Fingers crossed.
Still have next Wednesday booked in Sydney as I've been thru all this before but wanted to try and not have the expensive airfares (short notice) as well as the dead flights from UK back to SFO.
Many thanks
OK, all is well with the world!!!
Booked interview in Sydney last Wed but found it quicker to go via Prague as wait time was only 1 day and flights much, much cheaper.
Prague embassy staff are fantastic!! but just be aware that if you have more than 2 passports to be delivered you need to pay for an extra courier fee as only 2 per envelope are allowed.
Got E3 re-issued but only until the original status extension expired (Nov 2010)
Here's the kicker! coming in thru immigration in LA, agent provided us with 2 year time in the stamp in passport so even iwhen visa expires will still be able to work (not travel) in US for the full 2 years than a quick trip with the family to Vancouver for the next renewal.
Man! I could write a book about this. Still there are worse things than taking a side trip to Prague for 4 days!!!
regards (from SF)
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Old Jul 21st 2009, 5:05 pm
  #128  
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Default Re: E-3 Visa 2009 Thread

Hi,

I am currently on E-3 visa and planning to change my employer soon. Can I now start applying for an EAD for my spouse? What happens to the EAD application if change my employer (and apply for a new E-3) while the EAD application for my spouse in still in process?

Also, do I need to apply for a new EAD one I change my E-3 to a new employer? Please let me know.
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Old Jul 25th 2009, 8:57 pm
  #129  
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Default Re: E-3 Visa 2009 Thread

Originally Posted by MikeWine View Post
OK, all is well with the world!!!
Booked interview in Sydney last Wed but found it quicker to go via Prague as wait time was only 1 day and flights much, much cheaper.
Prague embassy staff are fantastic!! but just be aware that if you have more than 2 passports to be delivered you need to pay for an extra courier fee as only 2 per envelope are allowed.
Got E3 re-issued but only until the original status extension expired (Nov 2010)
Here's the kicker! coming in thru immigration in LA, agent provided us with 2 year time in the stamp in passport so even iwhen visa expires will still be able to work (not travel) in US for the full 2 years than a quick trip with the family to Vancouver for the next renewal.
Man! I could write a book about this. Still there are worse things than taking a side trip to Prague for 4 days!!!
regards (from SF)
Not to be a kill joy here and being well aware that you had some difficult times recently (thankfully overcome) I am not so sure that you can work for the time that is stamped in your passport on your I-94 (i assume that is the passport stamp that you mention). I was under the impression that you can work in the US for the period of time on your visa only not the time on your I-94. Your visa is your ticket to legal employment.
I could be totally wrong however I would hate to see you overstay your visa and then face a world of problems after that.
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Old Jul 25th 2009, 10:54 pm
  #130  
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Default Re: E-3 Visa 2009 Thread

Originally Posted by luckydog View Post
I was under the impression that you can work in the US for the period of time on your visa only not the time on your I-94.
The visa, as you say, is the ticket to legal employment... but it's the I-94 that determines how long you are allowed to remain in the US. The visa may be valid for 3 years, but if the officer at the POE writes 1 year on the I-94, that's when you must leave.

Ian
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Old Jul 26th 2009, 1:00 am
  #131  
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Default Re: E-3 Visa 2009 Thread

Originally Posted by ian-mstm View Post
The visa, as you say, is the ticket to legal employment... but it's the I-94 that determines how long you are allowed to remain in the US. The visa may be valid for 3 years, but if the officer at the POE writes 1 year on the I-94, that's when you must leave.

Ian

Not that I explained myself that well but MikeWine was saying that his I-94 ran longer than his E3. So yes he could stay in the US but he can't work past the expiry of his E3. Is that a more correct way of putting it? By all means stay until your I-94 says you have to leave, but don't work after your E3 runs out.
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Old Jul 26th 2009, 6:48 pm
  #132  
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Default Re: E-3 Visa 2009 Thread

Originally Posted by luckydog View Post
So yes he could stay in the US but he can't work past the expiry of his E3.
I'm not sure that's true. As a travel document, a visa allows you to enter the US... but the inherent status that allows you to work doesn't suddenly disappear when the visa expires. The "status" and the "visa" are not interchangeable terms.

Now that said, I'll be the first to admit that I could be mistaken... in which case, I'm sure someone will come along and correct me.

Ian
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Old Jul 27th 2009, 1:33 am
  #133  
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Default Re: E-3 Visa 2009 Thread

The legal ability to work on the E3 expires when the LCA expires, not the I-94.
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Old Aug 5th 2009, 6:22 pm
  #134  
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Default Re: E-3 Visa 2009 Thread

Hi everyone,

I have a general question about my situation which I would like opinions of those who post actively to this thread. Whilst I know I probably will not get a confirmed answer, it does sound like a lot of you know quite a bit regarding the E3 visa, so please share your wisdom...

I went on a J1 visa two and a half years ago and worked for a big hotel chain in the US. I have been back in Australia about a year and a couple of months ago my old employer in the US contacted me and offered me my job back, to which I said yes. I will be getting all my paperwork (the LCA etc) by next week and after that it is only the embassy appointment that I will have to go to.

My question is...

(1). For most people who have received their E3 visa, their backgrounds seem to be either in IT or finance related field. The position that I have been offered is as Assistant Restaurant Manager. I do have a Bachelor of Commerce but the major is in finance. Do you think this is going to be a problem in getting the visa? I know people who have the same job description who are on H1B, but their degrees are actually in hospitality management.

(2). In the event that I do get rejected, will visiting the US for holiday purposes be a problem? I mean, if my visa application was denied, I assume that this would be on my permanent record.

(3). There seems to be a slightly differing opinions on the issue of intention to leave the states once the visa expires. Is stating that I will leave sufficient? I don't have any assets in Australia but my parents do live here.

Thanks in advance for any feedback.

Last edited by phar27; Aug 5th 2009 at 6:26 pm.
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Old Aug 5th 2009, 7:37 pm
  #135  
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Default Re: E-3 Visa 2009 Thread

Phar 27:

1) The position must require a minimum of a bachelor's degree - the employer will have to prove that this positiion they are offering you requires this. I have no idea whether an assistant restaurant manager position would require one.

2) If the visa is denied you will have to disclose on future visits that you were denied a visa.

3) One of the requirements of the E3 is to state you intend to leave upon the expiration of your visa - a verbal statement will usually suffice. However keep in mind that if the consular office feels that you do not have sufficient ties to Australia and intend on overstaying your visa, you can be denied.
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