E-3 Visa 2010 Running Thread
 

MODERATOR NOTE:
This thread is a continuation of the E-3 2009 Visa thread, which was getting long. For E-3 Visa experiences background, please read the last thread.
end Moderator note


Just thought I would chime in with my situation in hopes of helping people out that are considering extending or changing their employment. I also have a question at the end regarding the Vancouver Consulate...

Currently I am working for a company in Los Angeles. I entered the country on an E-3 VISA and have been working for 2 years. Recently the term of that VISA was due to expire on November 11th 2009. In September I filed an I-129 for 'continuation of previously approved employment without change with the same employer'.

I got HR to fill me out an LCA, waited until it was approved, filled out the I-129 and sent off all those forms to the Vermont Service Center with a copy of my bachelor's degree, VISA itself, I-94, passport and a check for $320.00.

Only problem was that my VISA was going to expire before the extension of stay was processed by the Vermont Service Center. I managed to get a customer service representative on the line over at USCIS and they said as long as I have an I-129 application in process that I can continue working for the same employer for 240 days until a decision has been made on that application. On December 15th the extension was approved for another 2 years.

To make matters more interesting I recently got offered a new job... I called up USCIS to see what my options were with submitting another I-129 to change my employer. Here are the responses I got:

• You can submit for a change of employer using the I-129 but it will take the usual processing time (2 months)
• I then asked if I have an approved LCA with the new employer can I start work? After 30 minutes of being on hold the answer was UNSURE and I should call the "State Department"

So I called VISA Services at the State Department. Here is what they told me:

• The VISA itself does not matter, you only need that to be valid when you enter the country, you are responsible for maintaining a valid status whilst in the country using the I-129
• I could file an I-129 for change of employer but COULD NOT WORK until it was approved by USCIS (2 months or more later...)
• They said my best option was to go to Canada and just get a new VISA stamped in and come straight back to work

So I've decided to do just that should everything go according to plan with this new company.

My question for anyone who's made it down here...

Because I am planning on visiting the Vancouver consulate what is the turnaround for the VISA? I am reading conflicting things. Some people say you give them an Express Post Envelope and other say you can pick it up?

Thoughts?

Hope my post has proved helpful, I've spent hours investigating E3 VISA stuff and have come to the conclusion that you can do all the legwork, it just takes time and patience.

Cheers,
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Re: E-3 Visa 2009 Thread
 

Does anyone know about the new processing times for LCA? I heard 7-9 days, is this the case for E-3, or is that a maximum time that is given, but usually quicker?

Re: E-3 Visa 2009 Thread
 

A new employer just submitted an LCA on my behalf yesterday. I'll let you know how long it takes.

I did submit one however back in August to extend my current employment and that took about 5 business days to become CERTIFIED.

Re: E-3 Visa 2009 Thread
 

I thought LCA was something completed online and a print out at end of the process was the LCA for E-3 Interview?

Re: E-3 Visa 2009 Thread
 

It is completed online but the US Department of Labor must approve it first. This used to be same day, but apparently it is now a process of a few days to over a week.

Re: E-3 Visa 2009 Thread
 

Thanks. Out of curiosity what is then the current process.

Say the E-3 applicant sits with the employer and fills in the LCA online and at the end of the process a message pops up saying “DOL has recd the LCA application and its now under process”. Then the E-3 applicant periodically checks online to see if it has been approved?

Re: E-3 Visa 2009 Thread
 

You (if you have the login info.) or the person filing can certainly periodically check the application to see if the status has changed.

Usually an e-mail is sent out automatically to the e-mail listed on the account of the person who filled out the application.

Cheers,
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Re: E-3 Visa 2009 Thread
 

Thanks for clarifying that. So now, it’s not an instant approval. I wonder what changed over the past few months. May be just a stronger control on approvals given the unemployment rate.

Is it a formality or a scrutiny procedure who knows.

Re: E-3 Visa 2009 Thread
 

I would suspect it definitely has something to do with the current job market.

Agreed...

I was also thinking that it had to do with employers trying to take advantage of people in this tough market and 'under paying' them for the role they are applying for.

But yeah... Who knows :blink:

Re: E-3 Visa 2009 Thread
 

Question 1: I am an Indian born, Australian Citizen on a E3 visa. Does applying for a Green Card jeopardize my chances of getting E3 visa renewed in the future?
Question 2: My wife is on E3D visa and has EAD. She is working now and can her employer start GC process and will that jeopardize her E3D visa renewal and/or my E3 visa renewal?

What is the best bet? Applying GC on my name or her name? Both are qualified educationally and both have jobs in the U.S.

Re: E-3 Visa 2009 Thread
 

Exactly how many times are you going to ask the exact same questions? I've counted 3 times already... surely once was enough. It's not like people read only one thread and don't read any others!

Ian

Re: E-3 Visa 2009 Thread
 

Apologies Ian, I thought by posting at multiple places, I get more opinions.

Re: E-3 Visa 2009 Thread
 

:)

Re: E-3 Visa 2009 Thread
 

My E-3 expired October 2007, but I left the country a re-entered on the same visa which extened it's validity til August 2009...this is stamped on my I-94.

I am still in the US but no longer working, and now wish to obtain a new E-3 for a new employer.

If I apply in Toronto will it be likely I'll have problems? Am I screwed?

Basically my excuse is my passport recently expired, I couldn't renew it, and had to apply again for a new passport with all original documentation, which I didn't have in the US at the time. ...and which took some time to obtain.

Re: E-3 Visa 2009 Thread
 

You can stay until the date on the I-94... after which you must leave the US.


You are currently out of status. Your new employer must apply on your behalf... and you can not get a visa while you are in the US. Be aware that if you remain in the US until February (or roughly whenever you hit day 180 after the expiry date on the I-94), you trigger an automatic 3-year ban from the US because of your overstay. The ban kicks in the moment you leave the US.


Do you know why people go to Canada? It's because they can't be arsed to return home to do things properly. My opinion - you're screwed. You currently have no status in the US... and having an application in process doesn't give you any status. Further, once you leave the US you have no way to re-enter because your I-94 has expired... and the Canadians certainly don't want you to be their problem; and, if it takes until after February to get the new E-3 you trigger a ban the moment you leave.


Sorry... but it doesn't matter why this happened... it was your responsibility to ensure that your passport was valid. Leave the US now... while you've still got time.

Ian