nani

Hard to believe this poor guy's problem:

http://forums.immigration.com/showth...m-in-Australia

Has anyone had such experience recently? It appears that they are perhaps trying to deny entry as much as possible. How is anyone supposed to leave within 4 days! What if you find out that today is your last day, how can you book a flight within 4 days?

Has anyone got approval through USCIS in the past 3-4 months? Can you share your experience and processing time by VSC? And anyone applied for spouse EAD extension in the past few months? How long did it take USCIS to approve the EAD extension, time taken from receipt notice date to date approved?

Thank you.

E3only

There has the more to this story.

http://travel.state.gov/visa/a_zinde...ex_2911.html#E

Click on E-3 takes you to

http://canberra.usembassy.gov/e3visa/additional.html

How long can I stay in the United States after I finish my job?You may stay up to 10 days following the conclusion of your employment.

________

I think the story that he is telling is not the complete story. there are so many moving parts. I-94, was he working and paid until the 4 days before he left etc. So I wouldn't read too much into it.

I feels sorry for him but I am inclined to say there is more to it.

ReneeNYC

Hi everyone -- Just an update to give people a sense of recent renewal times.

I had my E3 renewed again this year. Altogether it took about 3 and a half weeks to receive the approval back from USICS Vermont.

This was my 3rd renewal.

nani

ReneeNYC:

When you applied, did the USCIS VSC website state the processing time as 2 months? I presume, this is standard and they state this regardless of the real processing time. Thanks.

docnetau

Welcome to the joys of L1. Technically this is correct - unlike the E3/H1B visas, there's no "X days to leave" provision for the L1 visa, which means that technically the day your employment ends is the day your visa end - and the day you must leave the country.

Of course, there are numerous ways around this - the easiest being a simply petition to the USCIS to change status to B1 or even tourist. Once the petition is in, you are still legal until the change of status request is either approved, denied, or 180 days pass - either way plenty of time to arrange a new visa.

That said, I'm sure there is more to it than is being said. I can't see the consular staff denying a new visa - especially given the situation - and even if they did the '3 year' ban would only apply if he had been out of status for more than 6 months, not 4 days.

nani

This is E3 and not L1. Although there are similarities just like there are similarities between H1 and E3 and most other temporary work visas, it still differs from L1. But its true that there is no visa with a "grace" period to leave the US without being at risk of denial the next time. Your status technically expires the day you stop working unless you have a COS pending. However, I think it says in the embassy website in Aus that you need to leave within 10 days of stopping work.

I think the guy who claims his visa was denied for being out of status for just 4 days has probably some other problem. If they did indeed deny for being out of status for just 4 days then it is something that everyone who is in danger of being laid off needs to worry. Usually in the US if you are being laid off, a lot of companies will inform you on the day you are laid off that it is your last day. So there will not be any time for you to even file a COS!

docnetau

He was on an L1A. Depending on your interpretation of the rules, his L1A became invalid on his last day of employment, and he didn't leave the country until 4 days later - thus he was 'illegally' in the country for 4 days.

It doesn't matter what visa he's applying for now - the overstay is on his history, and will impact any visa application, be it a tourist visa, an E3, or anything else.

That said, I still say there's more to it - I can't see the consular staff refusing a new visa due to a 4 day overstay...

DanielleM

Hi again.

My LCA has been certified, the immigration lawyer has submitted my DS-160 and I am waiting to hear when my interview is.

I was just wondering what the actual documents are that I take with me to the interview, the immigration lawyer is telling me that I have to take the hiring company's tax returns and bank statements with me to the interview to prove to the US Consular Officer that they can pay me and also a letter of support stating that if for some reason the employment doesn't work out they they will pay for my plan ticket out of the US. Is this correct? From my understanding the only documents I have to take to the interview are: Certified LCA, Job offer letter, my credentials, Confirmation slip of DS-160 and my passport.

Thanks again.
Danielle

skzm

Hmm - I definitely did not take tax returns or bank statements for my company to the interview. I am also pretty sure I didnt have anything saying they would pay for my flight out - as I'm pretty sure they don't if I quit ...

That list sounds pretty accurate to me + the addressed envelope...

nani

Not sure about the bank statements and tax forms of the company, I don't think its required. You give them what they ask and that's it. If they don't ask, you don't have to give. Are you working for a big or small company? Follow your attorney's advise and keep them with you if your company is giving it to you, which is also a unusual because most companies won't share such info! Good luck and please post back after your interview.

nani

Has anyone's spouse applied for EAD since March 2011? How long is it taking them to process E3 EAD for new or extensions? If anyone has any info can you please share. Thanks.

bjih

Here's a tricky question. I entered the US on my first E3 in 2008 and renewed in mid-2010. I voluntarily left my job and returned to Australia in early 2011.

My previous E3 employer has an interesting project coming up in the next couple of months in which they may need my experience. My last E3 is still doesn't expire until mid-2012 and my LCA is still valid for the same period. The LCA conditions would still be the same.

Is there any way I can use the 'existing' visa? Or would I have to reapply. Or are there other alternatives. What if my employer never actually reported my termination to the DOL? Do they need to?

Do I just have to submit a new LCA? Can I use the same visa? Or do I have to 'renew' the visa again?

I appreciate the help.

ian-mstm

The moment you left your job, your visa became invalid - whether or not it was expired.

Ian

DanielleM

Thanks, I'll follow the attorney's advice and have them with me. It's a small company (but a subsidiary of a much larger company). I'm an equine pedigree analyst (I "design" horses by analyzing pedigree, conformation, competition results and genetic traits to establish the most ideal breeding match in order to produce the best possible offspring for competition (i.e. racing, jumping etc)), they are a high profile show barn that competes nationally. Does it have an impact if the company is small? How does the Consular Office know if the company is large or small? I should know early this week when my interview is scheduled and will post back. Thanks

E3only

The Con Off knows everything from the company code....I think the attorney may have asked to carry the bank statements etc given company is small. I have heard of this before - Con Offs asking for tax returns/statements. good luck.