ian-mstm

No.

Ian

ssd2510

Thanks Ian .. I am a bit relieved now.. have read a lot of negative stories..

ian-mstm

I suggest you stop reading!

Ian

Radsy

Hello Everyone,

I am a trade qualified carpenter, currently working as a site/construction manager for a construction company(commercial) in London.
I have 19 years experience within the industry with a trade qualification(3 years part time) and a Diploma in Building & Construction in Australia( Registered Builder 2 years full time)

I have a good friend in Boston, who has his own construction company willing to employ/sponsor me as a operations/construction manager, the work is mainly civils(roads etc).

I have read through a lot of the posts already, just not sure whether I will get knocked back on not having a Bachelors Degree.

Any input would be greatly appreciated.

Thanks Luke

ian-mstm

You don't need a Bachelor's degree if you have at least 12 years of experience under your belt - and you can prove it.

Ian

ekyer

Hi,

My Spouse was denied an E3 in Canada last year with a reason that they can not evaluate the Degree. She is working on EAD derived from my visa status. Her new employer wants employee on their own primary work status.

My question is, is it safe if we go via change of status within USA due to earlier denial? Will it be safe to get the approval while in USA, and then take the approval to US consulate to get visa stamping?

ian-mstm

The employer may want it, but they can't deny or refuse employment because of it. She has valid employment authorization and it is illegal for an employer to refuse or deny employment based on her immigrant status. Indeed, it is also illegal for an employer to request specific documents when she has valid employment authorization. That is the law!

She needs to assert her rights under law, and not let the employer dictate the credentials she needs.

Ian

ekyer

Thanks Ian, sorry I missed some details. They are not denying employment, they asked us to consider going on independent status because if something has to happen to my job, her job shouldn't be impacted. We also want have independent statuses.


Will it be safer to get status change approved within US, and then getting visa stamped?

ian-mstm

Ah - thanks for clarifying.


I don't know if it's safer, but it's certainly easier. If she changes status within the US, she'll be landlocked... so if she ever leaves the US for any reason whatsoever, she'll then need to appear at a US Consulate abroad to get the actual visa in her passport.

Either way, she'll need to declare the earlier E-3 denial.

Ian

E3Oz

I am currently on E3 with Validity for over 15 months and now I am planning to change jobs .I have new offer from employer in a different state to my current employer. Suggestion I received from new Employer Attorney about the E3 Transfer process:
*New Employer will Lodge new LCA with USCIS.
*I do not need to under go new E3 Visa Stamping at any US Consulate as I already have valid visa on my passport.
*I will need to fly to Canada and stay 2 to 3 days and fly back with my old Employer E3 Visa as it is valid for another 15 months and but with new LCA from new Employer-(Reason:: as the Visa Label is only a travel permit and your work rights are governed by new LCA and new I-94 issues at the Port).

Q1) Please let me know if this is a Valid approach as i do not want to put myself at risk.
Q2) Will my old E3 visa be still valid if i change my mind and continue stay with my current employer after the new Employer receives approved LCA.
Q3) How will it affect my future extensions if the answer to Q2 is "Yes".
Q4) I am planning on E3D for family members how will they be affected

Appreciate your help.

Regards
Kred

ian-mstm

My understanding is that it is not a valid approach. If you change E-3 sponsors and subsequently exit the US for any reason whatsoever, you must get a new visa from a US Consulate abroad. You're okay, though, so long as you remain in the US after transferring. As you note, a visa is a travel document. The moment you no longer work for your current E-3 sponsor, your visa becomes invalid whether expired or not. Your E-3 status continues, but you can't travel outside the US. If you change E-3 sponsors within the US, that is perfectly okay - but you're landlocked. Once you leave the US, then you need a new valid visa... and that means a new interview.

I'm sure someone will correct me if I'm wrong about any of this!

No. Your visa becomes immediately invalid the moment you no longer work for your current E-3 sponsor. Your status continues - but only if you work for the new sponsor. You can't have it both ways.


Their E-3D status is tied to yours. So long as you are in valid status, their E-3Ds remain unaffected. Their validity is tied to your status, not to your sponsor.

Ian

maulajatt

I haven't seen anyone doing this on E3, but people do this all the time on H1. You do not need to get a new Stamp with new employer if your old stamp is still valid.

During my last trip abroad, while coming back, I handed over both Passport and I-797 approval notice to the officer and he pointed out I only need to hand out I-797 if I changed my employer but stamping was done with previous employer.

HeatherZ

Hi everyone, thanks for a great thread with lots of information! I know there are no certain answers when it comes to the E3, so I'm looking for the best opinions you can offer.

Here's my situation:

I'm a New Zealander with Australian citizenship, living in California on a non-working spouse visa. I haven't had an E3 before. I have a job offer from a large company that would like me to start right away. They intend to file for the LCA tomorrow, which means I should have it next week.

I'm competing for the job, so any delay risks my chances. I'm willing to travel to whichever consulate will take me soonest.

Any recommendations on where to apply, particularly for a first-time application? I've been looking at Canada and Australia, both have appointments soonish but I know that can change. Should I get my New Zealand degree certified for Canada?

Thanks again for any opinions or information!

e3geek

The last time I checked you can't just start working with the new employer with just a new LCA. You need to have a new approval from USCIS which takes months. Is that still right or things have changed since?

ThomasHolden

Hi there!

I'm currently on my second E3D visa while my wife is on her second E3. Both the initial and the second applications were done from within Australia, and we listed Australian addresses as our home address on the application.

Our visas expire on the 29 of June this year. If we go to Canada or Mexico to get new visas do we have to do this b4 the expiration date or can we leave the US prior to the 29th and then it does not matter what date we get the new visa issued? Also, do we list our US address on the application or revert back to our Australian residence (parents house)?

Another issue I have encountered is determining the wait time for Third Country Nationals - I don't want to pay and submit my application and find out that I can't get an appointment for the appropriate date (around 6 weeks from today). Any one experienced in this area?

Regards,

Tom.