akathedude1981

Hi Guys

I am currently on E3 visa which expired and I applied for an extension which is still going on... My spouse is on a H1B visa and her work agreed to file her GC application. From my understanding once her I-140 has been approved H4 (spouse visa) are eligible to apply for H4 EAD.

My question is this, will it be possible for me to transfer to H4 visa then apply for H4 EAD while I am on E3 status? I know H1b spouses do this.

Also anyone know the timeframe for the switch between the various visas.

Thanks in advance
A

zenjabba

You could also once the company lodges the I140 also lodge the I485 (if current) as a concurrent process, then both of you will be able to apply for a EAD/AP card which will allow you to work with needing your E3.

ian-mstm

You can be in the US in one status only. If you change (not transfer) status from E-3 to H-4, you must stop work immediately until such time as you have an approved EAD... which will take about 90 days after applying.

Can you change status? Yes... but there are ramifications!

Ian

hottytoddy

Thanks for the info in this thread.

2 questions.

1. If a job is advertised as requiring a Bachelors degree, however historically (10+ years ago) the position has not required one, can it still be considered a specialty occupation?

2.Is it possible to file LCA on behalf of prospective employer?

washingtonmouse

I am currently stuck in administrative processing. On the website, my case was started 29-Aug-2016. At the interview, on the 31st, I was asked a few questions and then issued an RFE. They requested two specific documents of evidence. My attorney provided them exactly these documents by e-mail on Friday the 2nd, two days later. Since then all my tracker says is "Status Updated Date: 31-Aug-2016." Administrative Processing.

It's been 7 full business days since I provided them exactly the documents they requested at the interview. Is there anyone who can weigh in here. I understand I can remain in limbo for quite some time now, but has anyone gone through this or heard of similar experience? It's a bit daunting being stuck, am trying to make the best of it!

zenjabba

I would expect it to take 6 - 7 months to resolve, if it hasn't cleared AP by now.

ian-mstm

Unless the documents were sent to the specific guy who was working on your case (which would be unusual, since they usually use a generic email address for such things), it's entirely possible that the guy hasn't actually got them yet - and the delay is simply a matter of those documents finding the right guy.

Ian

washingtonmouse

Yes, definitely a generic e-mail address. In your experience, do you have an idea how long until I get a response.

E3only

Unfortunately, no one can predict that.

washingtonmouse

Unfortunately was refused. Received a response via the tracker on Thursday the 15th. Didn't get an e-mail with the basis of refusal and didn't get a response from the Consulate either when I emailed and called. Guess I'll wait till I receive my passport.

Emma927

hi so sorry for hearing this May I ask which consulate you went to? what kind of extra documents they asked? thanks

Emma927

hello pls help!
I'm going to renew my E3, would visa officer run a ssn check?

ian-mstm

Not very likely, no.

Ian

jaysanala

Hi ,

I have applied for E3 renewal in July 15th and its been over 2 months and still the case status is "Case Received" and my friend who applied back in May and his case status is still is "Case Received". The actual processing time for E3 is 2 months but what can we do if its going to take so long. E3 doesn't have premium processing like H1-B as its going to take less time and processed quickly. Now if its going to take like months like this do we have any choice other then waiting or going out of country for visa interview. can we speed up the process?

zenjabba

You can always take the LCA outside the country and get a new E3 Visa... Be aware that doing it inside the country means as soon as you leave, you will need to front up to an embassy anyway to get a new visa in your passport.