pabst

So i can book with just my ds-160? Cool, i don't want an interview until end of April so booking 4-5 weeks in advance should land me the date i want, hopefully!

ginstwin

I have a couple of questions regarding the E3 .

1. Is it possible to still apply for the Visa Lottery while working in the US on an E3 ?

2. I understand that an E3 gives the Spouse rights to work . If an unmarried couple who have a few years of living together, get married while in the US (both would be on an E3) do they get the spouse work "rights" or do they have to wait until a renewal . ?

thanks very much.

ian-mstm

Yes. Keep in mind that eligibility for the DV is based on country of birth, not citizenship. However, it begs the question: Why? Why even apply for the DV if you're already in the US on an E-3 visa?


Your post is confusing. If both people already have an E-3 visa, then both can work whether married or not. Getting married doesn't alter your E-3 status.


However, if the spouse doesn't have an E-3 visa, then the spouse would need to apply for and get an E-3D derivative visa. That means applying for an E-3D visa at a US Consulate abroad, exiting the US for an interview and to get the visa, and re-entering the US with the E-3D visa. Once the spouse is in the US in E-3D status, the spouse can then apply for permission to work... which will take 60-90 days to process. There is no need to wait for renewal.

Ian

ginstwin

Ian i was hoping you would reply.

1. The reason for asking re the DV lottery is the permanancy of a DV win leading to a Green Card as against the E3 bi annual renewal etc.

2. I am thinking ahead regarding the spouse rights. Lets assume one of the E3 holders loses their job and are not married. They lose their work rights assuming a new job cant be found in 10 days. However if they are married the job loser could be "protected" under the spouse rights. It wouldnt be a marriage of convenience as both have lived together in Australia. its a big possibility that within 2 years they would get married anyway.

ian-mstm

Ah, I see... it makes sense then!


Yes, I see! The spouse wouldn't immediately get any benefit simply by virtue of being married... but could apply for an E-3D visa. Still, you're looking at 4-5 months of unemployment given the time lag for visa approval and subsequently getting an EAD.

Ian

ginstwin

If the spouse applied for a E-3D visa, and lets assume a 4-5 month unemployment , could the spouse still remain in the USA until the E-3D was approved? Or would the spouse need to leave for the duration?

ian-mstm

That would depend on the current status of the spouse. If the spouse was in the US on the VWP, no. If the spouse had, for example, a B-2 visa, perhaps! Regardless, the length of unemployment is unrelated to the question.

Ian

retzie

Your two bold statements are incompatible. Either the spouse leaves and applies for an E-3D visa at a consulate, or they apply for a change to E-3D status in-country. The latter would rely on them already being in the US on a visa (as Ian notes, not the VWP).

Doing a change of status (COS) in-country has the drawback that it leaves you landlocked: if you leave the country, you will need to attend a consulate to get a new visa put in your passport before you can re-enter. It also usually takes much longer to get a decision (which would delay being able to apply for an EAD). The benefit is that you get to remain in the US until it is adjudicated.

Unless you have a compelling reason not to leave (medical issues, small children, etc.), I would say leaving and just getting a new visa right away would be the better option.

ginstwin

Thanks so much for your reply much appreciated.

Sorry I wasnt clear . What I meant was if both people have an E3 (but are not married but in a long standing relationship ) then lets say a year later one of them loses their job . Could they get married and apply for the E3D as a change of status and stay in the US while the E3D is being processed or does the fact that the job has gone make the E3 invalid and they are out of status?

I cant quite grasp under what visa they would be allowed to stay while the E3D was being processed.

retzie

The COS needs to be filed and received by USCIS while the E-3 status is still valid; you apply for the E-3D status to start the day after the E-3 lapses (i.e., employment ceases). You are permitted to remain until the COS is adjudicated. If granted, you will officially have been in the new status from the start date (now in the past). If it is denied, you have been officially 'out of status' from the day after the job finished (IIRC, the first 120 days do not count toward a bar) and will be expected to leave immediately. Some non-official further reading.

In the scenario you outline, I don't see this being very practical: you would need to get married, file, and get the COS application to USCIS before the job finishes (job over = status over, no matter what the visa/I-94 says). Keep in mind that most of the US is 'at-will', which means you are fairly unlikely to get any kind of notice period.

Personally, I would plan a quick trip to Canada for an E-3D.



Side note: You will find a wide variety of things in the US are much easier if you are married. Founded by Puritans, etc. You could make your lives easier by getting married now, so at least you have one fewer headache.

ginstwin

That really is excellent information and fully understood .

Full disclosure this is actually for my son (Dual National British and Australian Citizen Born in the UK) and his Australian Girlfriend. They are both very keen to join us in the USA.

I am a PR from the Uk after going through the EB5 process . (I can apply for Citizenship next year)

My Daughter is a PR from the UK (applying for Citizenship next month) after being married for 3.3 years to an American .

The information I obtain here is so valuable and very much appreciated.

Druti75

Hi,

I did read through few posts here but could not find the answer I am looking for Apologies if I am repeating the question.
I am on E-3 currently and my spouse on E-3D.My spouse's company is willing to do E3 for him. I have couple of questions.
1. Does he have to travel outside USA and attend an interview at US embassy or can he change the status from E-3D to E-3 within US?
2.If he has to attend an interview at US Embassy should he go to Australia or can he go to Canada or neighboring countries?

Thanks

zenjabba

1. You can change status in the USA via an AOS, but expect that to take around 7 months before your spouse can work, so for E3 visa change then status change at the border, I would suggest going up to Canada and getting the visa then come back into the USA with the new status. Much faster, cheaper and less stress. Once you do a AOS, once you leave the USA, you need to visit an embassy to get a new visa so you can come back into the country on the correct status.

2. No embassy HAS to take 3rd party nationals (which Australians are in Canada), BUT Canada doesn't seem to have a problem as long as you are willing to wait a longer time to get an appointment. Australia generally gives you the fastest appointment availability.

Druti75

Thanks Zenjabba.

ian-mstm

No - not an AOS (adjustment of status)... it's a COS (change of status)! There's a huge difference!

Ian