ian-mstm

He can be in the US in one status only. So he'll be in E-3D status until the E-3 is approved. He can continue to use his EAD until the E-3 is approved.


Yes and no. If he changes status within the US, he'll be in E-3 status from the moment the E-3 is approved. However, if he leaves the US for any reason whatsoever he must then go to a US Consulate abroad to get a new visa in his passport - so he will be landlocked until then. He is able to live and work in the US only so long as he doesn't leave the US - and at that point, he must get a new visa or he has no way to return to the US.


Yes, but other countries, such as Canada, are not obligated to process the E-3 so there's no guarantee going to Canada will be successful. Ultimately, it may be easier to go to Australia.


I don't believe so, no. He need not go to a US Consulate until such time as he intends to travel outside the US.


To my knowledge, his E-3D will still be valid even if his E-3 is denied. When he returns to the US, he must make sure the CBP officer admits him as an E-3D.


Yes, but he shouldn't need to.


Yes, but he shouldn't need to. So long as his E-3D status is valid, his EAD is valid.

Ian

kaimmy

Hi!

Anyone recently renewed their EAD? I see the fee has increased since my last renewal to $410 but it also says you must pay $85 for biometrics. I have never had to have a biometrics test or pay a fee for this the last 3 times ive renewed. Do you think I need to send a payment of $495 with my renewal application or just pay the $410?

Aus1

E3 VISA renewal or transfer.

Hello Their
I have couple of questions. Please let me know if you come across with this situation or you may have a better understanding.
Presently myself working in Detroit USA on E3 work VISA. I have got a new job offer and new employer already received a approved LCA. To expedite the time or joining process, new employer is asking me to go Mexico city and give interview and get VISA stamping.
SO my query is!
1.-> If I go for VISA interview and some reason my new visa rejected. Can I come back from Mexico to Detroit and work for the previous employer?
Secondly,
2.A ->If I ask my New employer to do E3 VISA transfer, May I know how quickly this can happen? Any best and worst case timing you think?
2.B ->If new employer got my E3-VASA rejection from USCIS, is it mean my present E3 VISA on which I am working here is also no more valid?
Hey! Any appropriate suggestions or comments are more valuable to me. Please feel free to express.

Thank you in advance!

kaimmy

Hi!

My EAD expired last week - I submitted my renewal application back in October but it has not been approved yet. From my understanding I can not work until I get the approval.

My work and HR company think/have submitted my receipt number from the form I got notifying me USCIS had received the application and have given me the all clear to continue to work as this went through in their system.

From what I can tell though this new rule where a receipt number from a pending case can only be used to grant a 180 day extension if you fall under certain categories. The e3D not being one of these. I've tried to explain this but they still think I am ok to work.

Don't get me wrong I do / need to be working but I also don't want to get in trouble or jeopardize my pending application. What would happen if I did just continue to work until my new EAD card came - my work/HR company seem to think entering that receipt number gave it the all clear.

Thank you in advance!

augigi

I would seek advice from an attorney on that one - I would not accept the company's interpretation on that. I would not have thought you were okay to work but I do not know for sure. I always left the US to get a new E3 in Canada so that this didn't happen.

TheFlamingHips

Hey all, The wife and I are in the middle of finalising our E3 visas. I have a question. Are we able to buy property in the US if we're on E3 visas?

augigi

Sure. You can buy property if you're a non resident too. You would have to be prepared to answer questions about non-immigrant intent if asked though.

TheFlamingHips

So to be clear I'd have to say we're not immigrating to the US even if we bought a house and lived in it? Or can we only buy property if we intend to rent it out to others? Like an investment property?

ginstwin

I am currently interviewing in the US and qualify for an E3 visa.

A medium sized company are very keen to employ me but are saying that their HR department will not authorise the hire . The reason is that HR say that they would need to prove to USCIS that an American isnt available to fit the job requirement .

It is my understanding that with this visa If I qualify for the role the employer can hire me subject to the LCA etc and the consulate interview . Has anyone had this issue and if so how did you solve it with the employer.

shiversaint

Sounds like HR think they need to go through the PERM process, which they do not.

Somehow you need to tell you prospective employer to check their facts...!

ginstwin

Thanks Shiversaint, i appreciate your comment. My problem is trying to get them to understand it and agree. I cant find anything to send them that refutes it because as you say its not part of the PERM process.

So frustrating!!

shiversaint

I'd probably go about it in this way...

Show them the E-3 requirements including LCA: https://www.uscis.gov/working-united...nals-australia

Show them another visa type that requires a PERM process, such as the EB-3:

https://www.uscis.gov/working-united...reference-eb-3

On the requirements section, it clearly states on EB-3 that "You must be performing work for which qualified workers are not available in the United States"

These are identical pages on the uscis.gov website from the perspective of each visa type, and E-3 quite clearly does not mention this need.

I do wonder whether it's the LCA they are actually worrying about and the message has been lost in translation or conflated/confused.

ginstwin

Thanks Shiversaint , much appreciated. I think the message has been lost in translation and the HR dept dont really want to listen. The links you provided are excellent and very helpful.

I found this excellent graphic explaining the difference between E3 and H1B

https://gdaysf.com/wp-content/upload...nfographic.pdf

Also a good graphic explaining the E3

https://gdaysf.com/wp-content/upload...nfographic.png

shiversaint

I am sure you are aware of this, but H1-B is not subject to PERM. I'd be worried about introducing another visa type and confusing the situation even further. The beauty of the links I provided is that they are from the horses mouth and impossible to refute. E-3s are remarkably easy to qualify for so there could be more to this story behind the scenes that you don't know about.

ginstwin

Totally understood . I am actually going to send them the second graphic explaining the E3 along with the USCIS link. I am actually going for a 2nd interview with another co who i actually prefer so it might become a moot point.
I dont think there is more going on behind the scenes as they said if i go back to OZ they would be very interested in hiring me there. I think its simply a blanket no to non Americans as they dont understand the visa situation and dont want to !