saran

Let me explain clearly. For H1B visa, the POE officer issues I-94 validity date based on your H1B Visa validity. That means the expiry date on I-94 will be the same as the expiry date on Visa in case of H1B no matter if you are coming to the U.S first time or re-entering the U.S.

My understanding on E3 Visa is as follows:

For E3 Visa, when you enter the U.S first time, the POE Officer should issue I-94 for 2 years from the date you arrive and not based on the expiry date on the E3 Visa. That said this is what happened to me and my Wife who is on E3D Visa.

I got my E3 Visa issued in Melbourne in July 2007 valid until July 2009. I came to the U.S on May 10, 2008. (Almost 10 months after I got my Visa)
The POE Officer at Los Angeles airport issued mine and my Wife's I-94 valid until May 10, 2010 (i.e 2 years from the date of entry). All is well at this point.
In May 2009, my Wife went overseas (at this time she had her Visa valid until July 2009), as usual the existing I-94 was handed over to the officer when departing the U.S. When she came back to U.S in July 2009 i.e 4 days before the Visa expiry date, the Dulles, VA airport POE Officer gave her I-94 valid only for 4 days (i.e until the Visa expiry date). At this time I think the Officer did the right thing because he does not know what the date was on the previously issued I-94 (which was valid until May 2010) and since she handed over the old I-94 when she departed U.S, my Wife was not able to convince the Officer to issue the new I-94 until May 10, 2010.
After this, We both went to the CBP office (Customs and Border protection) in the Dulles, VA airport and I showed my I-94 to the Officer (which was valid until May 10, 2010...because I did not travel overseas) and we convinced him after 30 minutes and he issued a new I-94 for my Wife valid until May 10, 2010. (I showed my I-94 as proof).

So, when you come for the first time to the U.S....Since E3 is relatively new Visa, some of the POE Officers think that it is similar to H1B and issue I-94 date based on the Visa expiry date. I think in this case the Officer should issue I-94 valid for 2 years from the date of entry.

But when you re-enter U.S (after a holiday trip overseas), I am not sure what is the right thing the POE officer should do. I guess they are always going to issue I-94 validity based on Visa expiry date in this case.

If someone has a clear understanding on this topic, please share with us.

.....Saran.....

saran

Yes, I agree with your first comment. Visa validity date comes into picture when you travel overseas. I am sure everyone in this forum knows this.

Second comment, I was only saying that I-94 expiry date is the date that one should take into consideration for extension of stay and not the Visa date. The Visa is only a permit to enter into the U.S as said already by someone before. And of course, one should have a valid LCA and employment during their entire stay in the U.S as an E3 non-immigrant.
I was explaining that even though your Visa expires, you can still continue to work in the U.S as long as you have a valid LCA, employment AND valid I-94.

......Saran......

stark

OK sorry Saran, I read it out of context without referring to the original question from catlady.

saran

Here is my answer:
When you are in the U.S as a E3 non-immigrant these conditions should be met during your entire stay.

1. You have a Valid LCA (I mean your LCA has not expired)
2. You have a Job with the same employer that sponsored your E3 Visa.
3. You have a Valid I-94 (I.e your I-94 has not expired, your E3 Visa expiry date is irrelevant in this case)

1. If the date on the LCA is expiring, just ask your employer to file for a new LCA based on the location you are working...nothing else needs to be done.

2. If you loose your job with your current employer, you must leave U.S in 10 days even if your I-94 is valid, unless you find a new employer within the 10 day limit and your new employer files for a new LCA and E3 status adjustment with the USCIS. or you can go to nearby places like Canada (you should get Canadian visa first) with the new LCA and employer documents and get a new E3 Visa yourself and come back and work for the new employer.

3. If your Visa expires, you do not need to worry as long as (1), (2) and your I-94 is valid. But if you leave U.S, then to re-enter you would require a E3 Visa. So, if you do not have plans to travel abroad, you can continue to work in the U.S until the expiry date on the I-94 and (1) and (2) are valid.

In short, yes, you should leave U.S within 10 days if you loose your job.
(Yes, I know this sucks, but these are the rules set by George Bush in 2004!!
John Howard, the then Prime Minister of Australia should have objected this in the first place)

maks007

Hi iam planning to attend for E3 VISA Interview in HYDERABAD, INDIA. I was wondering if anyone applied for E3 VISA outside Home Country (Australia) and have been successful.Also can anyone guide me what to expect during interview.
Maks

maks007

Hi iam planning to attend for E3 VISA Interview(in a week time) in HYDERABAD, INDIA. I was wondering if anyone applied for E3 VISA outside Home Country (Australia) and have been successful.Also can anyone guide me what to expect during interview.
Maks

nani

Saran: You are correct on all points about E3 visa.

However, you do not need to panic trying to leave within 10 days if you lose your job and cannot find another job within 10 days. There are always solutions to this.

If you lose your job or you know that you will be laid off in a couple of weeks then you MUST meet with an attorney ASAP. Then do the following or attorney will do it -

Attorney will apply for B visa for your to keep you in legal status or other appropriate visa. This will give you 180 days time. BUT you MUST file this with USCIS before you are out of work/before your termination date or at least before you are out of the company payroll. Best to file before termination date.

You HAVE to find some work in that time because if that B visa is denied then your illegal time starts from the day it was denied. If it is approved then you are good to stay. If the B visa case is not adjudicated within 180 days, you HAVE to leave because your illegal time and the automatic 3 year entry to US ban will start from day 181.

Hope this info helps people who are in such situations in these times. You just have to be proactive and act immediately if such a thing happens. Meet a good attorney immediately rather than trying to do it yourself at that point. You will have enough to deal with already at that point.

ian-mstm

To clarify... what he needs is to find an employer willing to sponsor him for an E-3 visa. He can't just get a B visa and start working when he finds a job... it's not quite as easy as that.

Ian

prince2008

I am trying to find an employer to sponsor for E3 visa to work in US. I got a sponsor who is willing to sponsor me but charges US$1500 as security deposit which is refundable. I've asked them to clarify on this and got a reply that the deposit is required only to hold your job position and it will be refunded as soon as you begin working. I have my doubts about this "refundable" security deposit.

I 've been to US in 2007 on E3 visa and they did not charge a cent for my sponsorship. I am wondering whether this is a new thing for E3/H1 sponsorship and anyone paid for their sponsorship recently?.

Thanks.

meauxna

Still not, and you don't need to repost. If you are paying for a job, it's a scam.

prince2008

Hi..Is there anyway i can get in touch with you on your personal email or phone?. I know someone who did exactly the same thing and got his visa and i think he is in india right now.

meauxna

A general reminder to all to be careful about giving out your personal contact details on the 'net; the open forum and the BE messaging systems are here for a reason.

prince2008

Is there anyway to contact a member personally?

E3only

Click on the member ID and then "send an email to xxxx"...

westaussiegirl

Hi All

I am Australian currently working in the Los Angeles on a J1 visa (which is a 1yr long visa that allows me to work for any/multiple employer(s) during the yr -approved for aussies based on being a recent graduate)

Anyway I have been here for 8 months and have been working as a contractor in an IT based role. The company I am working for is in the process of making me permanent. They are going to sponsor me on the E3 visa.

As i do not want to risk the long delay of transferring my status from one visa to another within the country. I am planning to exit the country to get my new E3 visa stamped once the LCA is approved.

Due to money and time constraints im looking at going to Vancouver for my interview. Just wanting to know latest experiences with Vancouver and how long it took to get your passport back? and also could u pick it up?

I know people have recommended going back to Aus if its your first E3 visa... do u think this would apply to me as i am already working in the states?

Also one last question. I am currently engaged and plan to marry later in the yr. My boyfriend (also and aussie) is on an approvedO-1 (actors visa). Once we are married he is thinking he will apply for the E3-D visa as his current visa restricts him to acting only and we could use the extra income of him on a casual job aswell as his acting roles. My questions are can he still get a E3-D visa if we get married after I get my E3 visa. Or should we be married before I apply for my E3. (I hope this not the case as have my wedding planned for next summer in aus)
Also can my fiancé (future husband) have two visas the O-1 and E3-D. Reason for my questions is if for example I lost my job obviously his E3D would expire but could he continue working on his 0-1 and then I apply for being a dependant on his visa.

Thanks for your time.