E3only

+1

lifehouse51

Interesting thought. This is actually something I'm not sure about, and it does get confusing to me. (When should you start counting the 2 year validity, from the issue date of the visa or date of first entry to the U.S., or start date of work, etc.). I did hear that for H1B, no matter when you enter the U.S., your I-94 will still have the same expiration date as the visa expiration date. However, a border agent has told me that for E visas, he has issued the max validity from date of each entry (But he might be thinking about E-1 and E-2 instead)

I was hoping that with a still-valid I-94, filing for a new LCA alone will be sufficient, but it sounds like a USCIS petition is also needed as well. Whatever's the case, when the time comes I'll be contacting the legal representative here anyway, and see what they say.

zer0sum

Just wondering if anyone has any experience with applying for an E3 without a bachelors degree.

I do not have a bachelors but I do have 12 years or so work experience in my industry and am definitely a specialist working in IT.

As I understand it a specialty occupation for the E3 visa really becomes a role which requires specialized knowledge that can be obtained either by you having a Bachelors Degree or enough relevant work experience.

Any help appreciated.

nani

Forget the I-94, your LCA/E3 validity period is what matters. Visa is simply an entry document and has nothing to do with your legal status within US. When you extend your E3 within the US, it keeps you in legal status and gets you a new I-94 with that extension.

When you leave and want to return after you have extended your E3 with uscis you will still have to apply for a new visa although you have extended your E3 already. For an H1 it is called visa stamping but for E3 it is a fresh i.e. new application to enter the US just like you had to do when you first went for a visa.

Hope this makes it clear for everyone and ends the I-94 confusion!

ian-mstm

With respect, the visa has everything to do with your legal status in the US.

Ian

DeanPhil

I have to renew mine and my dependents (wife and two children) E3 visas. For some reason we only received a 12mth visa? although our I-94 is for 2 years..
Anyway, it appears it would be cheaper for us to leave the country (Canada?) and reapply rather than extend/renew? I am having trouble finding the black and white facts but from my reading in here it appears that re-applying altogether is the fastest, cheapest process. Even though I will remain with the same employer.

My main question is whether I can reapply for a new e3visa with the old e3 still current and in my passport?? Will this be problematic? I am really concerned as I obviously cannot afford the risk of not getting back into the country (with the family and finances) so I am trying to preempt any potential issues.

Any advice/ help would REALLY be appreciated!
Thanks in advance!

Dean.

lifehouse51

Was your job contract/LCA approval only for 12 months? The visa is usually issued up to the max validity of the LCA approval.

I agree that applying for a new visa at a U.S. consulate's the best way for most people, unless leaving the U.S. is not a good option for whatever reason, or there will be a chance of visa denial for whatever reason.

DeanPhil

Thanks so much for your quick reply Lifehouse. So, reapplying with a current e3 in my passport would not be an issue? I mean I just want to get up there and do it before the visa expires in june..thoughts?

lifehouse51

I actually don't know the answer to that, and I'm curious myself too. Let's see what other people think. My feeling is that if you apply pretty close to the visa expiration date, the U.S. consulate will understand why you're doing that.

DeanPhil

Anyone else out there with any thoughts? or facts?

Your time is appreciated.

Dean.

docnetau

No problem at all. Once they have decided to issue you with a new visa they will cancel your old visa with a large "Cancelled without Prejudice" stamp and issue you the new one. I have 3 such cancelled E-3's in my passport - 2 from when I applied for a new one where the old one wasn't yet expired, and the 3rd where they made a mistake on the new visa and had to re-issue it.

Presuming your new visa is with the same company (and I think in the same role) then technically you're classified as an "E3R", where the R stands for renewal. There's no real difference, except that the E3R's don't count against the annual quote of E3's that can be issued.

retzie

A question regarding E-3 vs H-1B (sorry, this is a bit of a 'spoilt for choice' non-issue.)

I'm setting up arrangements for a new job and I have been given a choice between a new E-3 or an H-1B. It seems like no contest except:

• I have no dependents
• I won't be paying for any part (and the employer doesn't mind the costs of a petition)
• I have no immigrant intent BUT already have 3 years of E-3(R) behind me
• it's an academic job, so no H quotas/time restrictions
• this only has to be sorted out by mid-August and I will be in Oz to apply.

Phew...

This seems to point me toward an H-1B, since I could get 3 years and not have to worry about proving home ties (though this has never been questioned.) Is there anything I am missing here??

lifehouse51

I agree that H-1B is better in your case, because it will give you a 3-year duration for work and the visa application fee is much cheaper nowadays than E-3. Only drawback I can see is H-1B has a max duration of 6 years, after which you need to leave the U.S. for at least a year before coming back for another H-1B. If you're planning on working for the company for a very long term, H-1B won't be ideal unless a concurrent employment based PR petition is also filed.

nani

Ian, you have a great deal of immigration knowledge but I kindly beg to differ on this: Visa is only an entry/travel document into the US. The reason why you can remain within the US even though your visa expires is because you have filed and received an extension with your new LCA with the USCIS. So once you are in the US visa does not determine your legal status but you need to file and receive an extension with the USCIS before your LCA/I-94 expires.

ian-mstm

I agree that the visa is an entry document, but it is the visa that determines the status under which you enter the US. Extending your status once you're in the US is an entirely different kettle of fish.

I think therein lies the discrepancy You were talking about extending status and I was talking about entering the US - for which purpose, I'm sure you'll agree, the visa is vitally important vis-a-vis status!

Ian