docnetau

I have *never* resigned until I've got my new E-3 in hand. The odds of not being given a new E-3 are low, but all it takes is something to go wrong and you're going to end up with no job, and no visa.

I've had it confirmed by multiple consulates, multiple border staff, and multiple immigration lawyers that there is no problem with still working at your previous employer for a short period after the issue of a new visa (presuming you still have a valid LCA for the old employer).

The only disadvantage of this is that it can slow the process, as it potentially adds an extra (up to) 2 weeks to your start date.

docnetau

No, they do not need to do this.

The only paperwork that the employer needs to do to hire you is to obtain an LCA. The LCA is basically just a commitment that they will pay "someone" at least $X to do a specific role. (And the reason I say "someone" is that the LCA isn't actually tied to you - it's tied to the position).

That's it! You'll need a job offer, and you'll need to fill in a few other forms, but there's no other paperwork required by the employer.

docnetau

Do you want the official answer, or the real answer?

Lets just put it this way - the DS160 doesn't verify the LCA number that you give it. If you were to just make up an LCA number, odds are that you would be able to fill in the rest of the DS-160.

Of course, you'd have to come back and correct the LCA number once you get the real one, but at least by then you'd have completed the rest of the form.

Not that I've never done this, of course...

univers_

If the employer has to resubmit LCA (due to original being denied because of form error) do you get a new case number? Or does it stay the same?

The resubmissions take quicker right?

So stressed!

sydtom

If you answer 'No' to the question 'Do you have an approved LCA', you can continue and complete the DS-160. You can even turn up to your appointment and you should be fine. I did this for my application for an E3 in Ottawa and didn't have a problem, and received and approved E3

economy_1

Does the same procedure apply when one have to change employers (on E-3 visa)inside USA?How easily and quickly one can switch employers inside US (on E-3 visa)?Can E-3 visa holder apply for Obama Care?My husband's employer just dropped everybody's health insurance coverage and asked hubby to purchase it from Obama Care.

E3only

Moderators -

Is it time to start a new thread and keep this as history? just saying..

________

For the benefit of the forum..here is my experience with E3 and E3D renewals. We went to Sydney consulate for this.

Appointment was 1015 AM. We got there 10 AM and made our way to level 10 where we were screened. All bags and electornic items were handed in and all we could take with us was papers and wallet. We also had an infant so we were allowed to take the stroller and 'some' food items and water.

Right next to the check point were 2 ladies who asked for our LCA and Passports...checked.

Then we were taken to the interview area (upper floors of the building). The most time consuming part of the whole process was getting to the interview window. We went up to the interview area, were asked to sit down until our number was called. We actually were called twice. First lady took our papers, checked something, took biometrics and asked us to have a seat. Then we were called again (after about 2 hours since the stepped into the building)...for the real interview.

Question -
1. Does he need a visa (pointing the infant)
2. Where (location) do you work
3. Is this the first time applying for visa

Approved.

They do not accept pre paid envolop. They use Toll Priority. Our interview was on Monday and the passports were attemped to be delivered on Wednesday. The weird thing was they came in 2 seperate packages.

Thats about it. It was nice and smooth.

Shoot any questions if you have.

docnetau

Just to be clear on this, are you saying that you attempted to use a pre-paid envelope and they refused? What type of pre-paid envelope was it (express post/platinum/something else?)

They haven't required you to provide a pre-paid envelope for several years, however when I was there about 18 months ago the person doing the interview actually recommended I supply one as it would likely arrive faster (going to the Gold Coast from Sydney), and indeed it arrived the next morning.

E3only

Actually I didn't take one with me. A day or so before the interview an email showed up. It was a reminder email with required documentation. Standard email but on that it clearly stated the following.
Btw as I stated, they used Toll Overnight so I am sure all metro areas will be good for 1 day delivery.

"If your application is approved by the interviewing Consular Officer, we will retain your passport for visa issuance. The passport will be delivered by courier to the delivery address you provided in your online profile. This address can be reviewed and updated at www.ustraveldocs.com/au until midnight on the day of the interview. We do not accept prepaid envelopes."

docnetau

Pretty sure that's the exact same thing was there for my last visa. The issue was that they weren't sure how long Toll took to deliver to the Gold Coast, and I was due to fly out a few days later, so perhaps they just too pity on me by suggesting I get an Express Post envelope.

Mind you, I've also had them issue an E-3 visa on the spot, so maybe I just have the right way of asking...

Danoz

I am applying for a new position within the same company, will I need a new LCA and E3 if I am successful?

E3only

I don't know how Overnight Toll priority can't get to Gold Coast 'over night'.

But that said, I didn't really ask if they would entertain my pre paid envelop.

mutsmut

Follow up from my previous post, I finally get some news from my new employer on last Friday, LCA approved. But what surprise me is I think they choose "change of employer" when they fill in Form 9035. They said they will send me the petition.

Now it change the whole game plan and I have few questions:
1. When should I notify my current employer to resign? Cause sooner or later after petition submitted, they will know it, rite?
2. I think the time to resign from my current employer is very important for me, because from the below website, the petition processing time took 2 months to complete. And I don't think my current employer will still employ me for 2 months after I resigned. So, I will end up with no job = no money for sometime. Any body has experienced this process and share ?
http://www.immihelp.com/processing-t...ing-times.html
3. I did some googling and I realized the process does not require me to go to US consulate overseas for interview. Is this true?
4. It will be nice if someone can list steps that I have to go through and put them in order.

Thank you ...

mutsmut

I got good news from my new employer last Friday. But what surprise me is they mentioned that they will send petition. I thought I already suggest them to check "new employment" in For 9035, but I don't know the reason why they checked "change of employer" at the end.

I've already prepared to fill in DS160 and go to Toronto for interview, but now everything changed. I have few questions for some who experienced this before:

1. What are next steps for things to do for me and list them in order if possible?
2. From website below the processing time for E3 petition could take 2 months, from experience what is the actual waiting time?
http://www.immihelp.com/processing-t...ing-times.html
3. When is the good time for me to resign / notify my current employer? Since I'm assuming they will know sooner / later after petition submitted, rite? My problem is if I let them know now, they will not hold me for 2 months. I will have no job for quite sometime while waiting for the petition process completed.
4. Using the E3 petition, does it means I will 100% get the visa ?

Thank you ...

fair_dincum

DHS Announces Proposals to Attract and Retain Highly Skilled Immigrants
This proposed regulatory change would enhance opportunities for certain groups of highly-skilled and transitional workers by removing obstacles to their remaining in the United States.

Specifically, the change to the regulation would:

• Update the regulations to include nonimmigrant high-skilled specialty occupation professionals from Chile and Singapore (H-1B1) and from Australia (E-3) in the list of classes of aliens authorized for employment incident to status with a specific employer,
• Clarify that H-1B1 and principal E-3 nonimmigrants are allowed to work without having to separately apply to DHS for employment authorization.
• Allow E-3, H-1B1 and CW-1 nonimmigrant workers up to 240 days of continued work authorization beyond the expiration date noted on their Form I-94, Arrival/Departure Record, while the extension request is pending.

It would affect workers in specialty occupation nonimmigrant classifications for professionals from Chile and Singapore (H-1B1) and Australia (E-3), as well as Commonwealth of the Northern Mariana Island (CNMI)-Only Transitional Workers (CW-1).

Under current regulations, employers of workers in E-3, H-1B1, or CW-1 status must generally file a petition requesting the extension of the employee’s status well before the initial authorized duration of status expires.

What do you think of the proposal?