bjih

I don't think that is the case. I believe that using O-NET data as a source is perfectly okay for the E-3. I just want to know whether with I-94 through to 2012, do I have to go to Canada etc to pick up a new one to keep working. Or is the I-94 and a new LCA enough.

jnrpablo

Hi guys, I'm on a J1 work / travel visa and it expires Aug 15th 2010, with the option of staying for 30 days (not allowed to work though) after it's expiry. My question is, should I get a job on my J1 (with months left on it) and ask my employer later to sponsor me on an E3 closer to the date of my J1 expiry?

Also I'm in the film industry at an entry level, whereby I can get an assistant job - if I get my potential employer to give me a better title (but with the same duties) will that suffice for the E3 visa process?

Thanks in advance.

ian-mstm

Does your J-1 have the 2-year Home Residency Requirement (HRR)? If so, you can't get another visa until either the HRR is met or you get a waiver of the HRR.


Are you not currently working? I believe you can work only for the original J-1 sponsor. Of course, this doesn't preclude you from finding an E-3 sponsor while you're here.

Ian

jnrpablo

Hi, no my J1 does not have the 2 year restriction thing. I'm not working atm...just wondering what my best strategy is.

westaussiegirl

Hi Jnrpablo

Is your J1 the 12month work travel program for recent graduates???? That is what I am currently on.

For the others this is fairly new program that allows recent graduates to work in the US for up to a year. You are sponsered by a third party approved by the goverment but can work for any employer in the states. there are a few restrictions ie u can work as a dr etc.

Anyways I came over on J1 and started working for a company. They new that once the year visa was up i would need to be sponsered by them if i was to stay. They are in the process of making me permanent and I am switching over to the E3 visa. I still have a few months on my J1 but did not want to leave it to the last minute incase the E3 took longer or something came up.

I suggest getting a job on your J1 visa as you are more likely to get one as no sponsership is required by the compnay that hires you. That way after a few months working with them and they are happy with your work they can apply for the LCA and you can transfer to an E3.

To get the E3 since you do not have alot of experience, you will need to show that your job requries a degree.

Hope that helps

augigi

I doubt a film assistant job needs a degree.

S Folinsky

You ask good questions. A legal consultation might be in order. Sometimes a one-on-one consultation to hash out things just might reveal something. If not, you might have a modicum of relief in knowing you examined everything.

lifehouse51

So here's a hypothetical scenario: If I were on H1-B for say, 5 years but did not apply for permanent residency at that time, then I transferred to E-3 for a few years. Later on, I switch back to H1-B. With the max limit of 6 years for H1-B before I have to leave the U.S. for a year, will my period of E-3 "Reset" the 6 year limit, or will the 5 years of the first H1-B count towards the limit as well? (For simplicity purpose, let's assume all adjustments of status occur within the U.S. with USCIS)

I'm asking this cause I have some potential offers from academic institutions who are willing to sponsor H1-B, but because they're not familiar with E-3, are hesistant to sponsor it despite the lower cost. Since the employments are short term, the institutions won't sponsor Permanent residency applications.

ian-mstm

I believe the clock is not reset. Further, it may be that the interim E-3 will max out your time in the US before you can even contemplate a switch back to an H-1B.


As long as you know this going into the situation, you should be prepared to leave the US when the time comes.

Ian

lifehouse51

But can't E-3 be renewed indefinitely with no limit like H1-B? If you switch from H1-B to E-3 (And stay with E-3), wouldn't the 6-year limit not apply anymore? Or is there a difference with Adjustment of status from H1-B to E-3 vs. lodging a new visa application at a U.S. Consulate outside of the U.S.?

0161

Hi All

Some information regarding E3 and then a question. I got my E3 in Perth in June 2008. Came to the USA to work in Oregon and then last year (August 2009) moved to Massachusetts to take up a new job (same type of position) after many weeks of worrying about transferring visa's, paying immigration lawyers (cost me 3k to apply for my original visa) I sent an email to Canberra, who simply told me to have the new employer apply for a new LCA and I could legally work on the same visa, at no cost at all.

Q. Now it is time for me to re-apply for a visa as this one will run out in June 2010 and I would like to ask has anyone re-applied while still living here in the US - without actually leaving - or do you always need to leave the US to re-apply? I would appreciate any options / experiences advice, I am here with my wife and 3 kids who are all in school.

Many Thanks

lifehouse51

I always find this link useful: http://canberra.usembassy.gov/consul...as/niv/e3.html

Goto the question "I am already in the U.S. on an E3 visa and want to change employers..." I think besides the Labour Condition Application, you also need to complete a transfer process with the USCIS as well. To answer the second part of your question, E-3 renewals can be done within the U.S., again through USCIS. However, your visa (An entry document) will have to be renewed at a U.S. Consulate should you travel OUT of the U.S. and return after the expiration date on your current visa.

0161

Thanks Mate - A trip to Montreal is on the cards.

Regards

lifehouse51

Just to clarify in case you don't know this already. To renew a E-3 when the two year expiration is coming up:
1. Option 1: Renew while you're within the U.S. with USCIS. You still need a new Labour Condition Application. From what I understand, this option takes a few months. You don't get a new Visa in your passport, but if you keep remaining in the U.S., you're fine with an expired Visa (Which is an ENTRY documenet)

2. Option 2: Travel out of the U.S. and apply for renewal of E-3 at a U.S. Consulate. This is a faster way to get things approved, and you get a new Visa in your passport as well.

I believe most people choose Option 2 as you can get a new visa, making it easy to travel and reenter. If you choose Option 1 and later travel out of the U.S., you have to go and apply for a new Visa if your visa has expired (I.e. Go through the whole process again)

0161

Great Thanks Options 2 sounds best for me.

I have spent the last 2 day klooking for an appointment in Canada (Montreal is closest - but we would travel further - just can't seem to get any dates) all "booked out" also I have spent and incredible amount of time filling out the DS-160 form online - and not yet managed to complete it.

I suppose it is one way of slowing down applicants! - or am I being to cynical...