E3only

can no work until I129 approves.

E3only

I contacted a couple of attorneys and spoke to my current employers' attorney too.

This has been tabled and although the initial expectation was this rule will be decided upon in 2015, it had since been pushed to 2016 summer.

Bellthorpe

The E-3D visa is valid for as long as the E-3 visa is valid. When the E-3 is cancelled, the E-3D (and the work permit if there is one) is also cancelled.

ian-mstm

With respect, that's not what he is actually trying to ask. It looks like he's asking about a visa, but he's actually asking about status. I believe that so long as he is in the US in valid E-3 status, his wife's E-3D status continues. Her visa may be a derivative of his visa, but her status is linked directly to his status. Her E-3D status remains valid even if he gets a new E-3 visa... because so long as he is in valid status, so is she. A visa is simply a travel document... it's the status that's important.

Ian

E3only

+ 1

At least accordingly to the attorneys from the new employer. They said me getting a new E3 does not impact her stays E3D. So she does not need to go with me to the consulate overseas

travislogue

Hi all,

Any help would be sincerely appreciated.

I'm an Aussie living in LA, currently looking to transition from J1 visa to E3 visa (same employer)

From what I've gathered, JobZone for the Job code/title you list on your LCA must be 4 or 5?

Does the Bachelors degree have to be related to the job? I.e. Would a Bachelor of Arts (Music Industry) qualify for a Editor job (OES/SOC Code:27-3041)?

My J1 visa expires in 6 weeks on Friday. Is there no chance I could do Form I-129 to transition without leaving the country? If not, is Canada still realistic with my time frame?

Cheers,

Travis

retzie

Yes. This non-negotiable.

No.


Unless you happen to have 12 year progressive work experience in editing (or a USC love interest?), I'm afraid it sounds like you're going home

travislogue

Really?

Would any job titles that could be tied to a Bachelor of Arts (Music Industry) qualify for E3?

sneakysneaks

Hi,
I've previously been denied for an E-3, role is not considered specialised. I am now reapplying for a different role (same company) with a lawyer this time - will I have trouble due to my previous denial?

ian-mstm

Assuming you are now qualified for the position, probably not. Regardless, you must still declare the earlier denial.

Ian

retzie

A job that required your specialist knowledge in the music industry would be considered a specialty occupation. The title would generally reflect this specialisation.

If the job you are being hired to do doesn't require the degree you have, then it doesn't qualify as a specialist occupation, no matter what you call it. Reading between the lines: If you're asking "can we change the job title to fix this problem", you are asking if you can break the law.

Please keep in mind that there is often no US visa available for what it is you want to achieve. Your time here as a J-1 in a 'working holiday' sense has no direct path to an ongoing work visa.

travislogue

Thanks Retzie. I greatly appreciate the advice.

My boss is keen to keep me, he said he'll make me a Marketing Specialist and pay me Level 1 wage. FLCDataCenter.com

This is not an uncommon career outlook for my degree as mentioned here under "Career Outlook": Bachelor of Arts (Music Industry) - RMIT University

Will that suffice?

E3only

Hi guys, here is my recent experience at the Sydney Consulate.

Been in US for 5+ years with employer A.
Changed employers and went to Sydney for Visa

1.8 AM appointment (arrived at 740 AM). Level 10

2.Quick security check (left mobile, watch and any electronics there)

3.A document check (LCA and DS 160), right after security check

4.Wait for elevator, to level 59

5.Stand in a queue. Lady then checks DS160, LCA, Passport..then marks some random numbers on the back of the LCA and gives all the documents back. She then says either of ....take a ticket for VISA, take a ticket for US Citizens only line (of course not applicable to me)...OR 'dont take any tickets, stand in that blue line' which is what she told me. No idea what is the difference between the blue line and the VISA ticket line.

6. One person in front of me in the blue line (his visa was approved)

7. Waited 5 mins...next was my turn. was asked for the paper work and then was asked "What is your highest qualification, What will you do in your role, How many years do you have experience in the field, Job location". Your visa is approved.

I ended at 740, and I was done probably around 820 AM.

hope that helps. Any questions let me know.

lucyclark11

Hi all. I currently have an E3 visa and am about to change employer.

I will be getting a new visa with my new employer and have the option to go to London or the Canada. London has longer wait times and I have previously gotten an E3 visa approved there (I have a UK passport and residential address there). However the lawyer doing my paperwork stated that they don't see a problem with me applying in Canada and my new employer wants me to go there as it is cheaper to get there - likely Vancouver as the wait times are shorter.

I know a few people have gotten renewals in Canada however wanted to see if anyone had recently (e.g. In the last 2 -3 months) gotten an initial E3 visa approved in Canada. I believe that some applications have been denied due to the individual not residing in Canada.

Thanks,
Lucy

E3only

New employer attorney stressed for me to go back to my home country (Australia). Canada was my obvious first choice but the attorneys wanted no part of the apparent "risk" of applying for a new E3 in Canada.