kaimmy

Does anyone know when it says to bring the original copy of LCA to visa appointment is this just a print out of the LCA cert that was sent as an email?

Intelligent

Possibly yes, but make sure you have your employers signature on it

nikadett

Thanks for the responses, so it is suggested I apply for a new Visa rather than transferring it. Some questions:

- I don't plan to the leave the states so is a new visa really the best route?

- How do I cancel my visa? I know by leaving my job it will be invalid but how do the US government actually know this?

- When I am applying for my new E3 will they not question why I already have a E3 Visa on my passport?

- Could I possibility be rejected a new Visa for giving up my old one?

augigi

1. Yes it is much, much faster. Also cheaper. And you never know if you'll need to leave and reenter, stuff changes all the time where people need to travel home urgently.
2. You don't cancel anything. Your visa becomes invalid when you leave the first job.
3. No. They will stamp the old visa "Cancelled without prejudice" in your passport
4. No. If you and the new position meet the requirements for an E-3 it will be granted regardless of what you did with your old visa.

Druti75

Hi All,

I am looking for some information about changing employers while in US.
Its been only 3 months since I came on my first E3 to US.
Can some one please provide some info about time frame and risks in changing employers .
Also, can we work for the new employer while the new LCA is in process?

Thanks
Druti

docnetau

If you read back through even just the last few pages of this thread you'll find most (probably all) of the answers you need.

No, you can not work for the new employer until your new visa is approved (which will take several weeks and a trip outside of the US to apply for the visa), or until your transfer has been approved by USCIS (which will take at least 3 months, probably far more).

Druti75

Thanks docnetau

vmaxdd

Hi. Has anyone successfully applied for an E3 visa after having a B1/B2 application refused?

I had a bizarre 'interview' ifor a B1/B2 in Ottawa today that lasted all of three minutes and I barely got to speak, let alone present any evidence of ties back home, funds etc.

I was recently in the US and expect to get two job offers. I wanted to re-enter on B1/B2 to continue considering my options but will now intend to choose an offer an apply for the E3...not likely from Ottawa. Anyway..has anyone had similar experience?

ian-mstm

I'm sure many have. There is a handy "search" feature near the top right of every page... I suggest you give it a try!


As odd as it may sound, the officer isn't obligated to look at any of your evidence.


I'm going to guess that you have an Australian passport and are otherwise eligible to travel without a visa on the VWP. Why did you seek a B-1/2 visa? That's a bit greedy, don't you think? Wasn't 90 days enough to continue considering your options?

Had you asked here first, we could have told you that if you're eligible to travel on the VWP, it's highly unlikely that you'd get a B-1/2 visa.


It doesn't matter where you apply. That B visa denial is now part of your record and must be declared on every subsequent US visa application (including ESTA) from now on.

Ian

vmaxdd

Thanks, Ian. Very helpful. If true, it is very odd the immigration officers are not obliged to consider evidence.

Yes...I did want more than three months to consider my options, visit family, ski the season, hence the B1/B2 application. Plus, I have been considering applying for an E2 visa, which cannot be done from within the country if entered via the VWP.

All the same, I am interested to hear from anyone who has had a B1/B2 visa denied and then applied for an E3.

augigi

Well, it really doesn't matter to you if anyone else has, as the facts of your case are no doubt specific to you. If you meet the criteria for E3 visa, and can provide the required evidence, you should get the E3 issued.

ian-mstm

They are obligated to consider the evidence - but only such evidence as was provided in the application. They aren't obligated to consider any evidence you bring with you to the interview. I'm constantly amazed that people don't actually do any research prior to applying for a B-2 visa. They'll research other visas up the wazoo... but not the B-2.


Don't feel too bad... many people from VWP countries get screwed over because they believe a B-2 is a simple formality. The truth is, most of the Earth's population must have a B-2 visa because they don't have the privilege that you, as an Australian citizen, have... the opportunity to enter the US for 90 days without a visa.


Indeed... but, if truth be told, you can "consider [your] options" from anywhere in the world... you don't need to be in the US to do it.

Ian

ando88

I've been working the US on a J-1 12 month work travel visa. I found work at large marketing/advertising firm and have the companies will to bring me back on the E3. Today I sat down with my boss and we filled out the LCA. We were trying to best categorise my role. Initially we picked Marketing Specialist, however the prevailing wage was too high, higher than what they pay me. So we eventually came across Office Clerk, General which sounds tacky and basic, though the category description according to Job Zone still states that it sometimes requires a bachelor degree and many of the duties aligned with mine.

I have read that the LCA at this stage isn't concerned about 'Specialty", it is just to approve the prevailing wage. So provided I have my LCA approved, I am wondering how I best sell myself during the interview. I have both a Bachelor and Masters degree. The company is very reputable and large. Should I get the company to fortify the offer of employment letter with a statement of my duties to clearly specify that there are aspects to the role that is of 'speciality'? I would say 50% of my time would be generalist work, calling, selling etc. whilst the other 50% of my time would be largely pertaining to market research, behavioural coding and marketing strategy.

Just trying to find out the best way to prepare myself. Appreciate your advice. That said my LCA could be rejected in which case I'd need to find a better category still...

ian-mstm

Are you, in fact, an Office Clerk? If not, then you're likely a Marketing Specialist and they should increase your wage appropriately. A specialist category is more likely to be successful than a general one. It sounds like the company wants you... but only if they don't have to pay you for your skills.

Ian

ando88

Thanks for the response Ian.

I do believe there is an element of that in this situation.. the company has taken a few hits and have been trying to make cuts where possible, just for now. I think the key for me right now is getting the visa and getting back to the company and working because I know bigger opportunities are around the corner and I want to be apart of it. I have other reasons for being in this city as well (my Fiance is finishing her studies) and so I am willing to be underpaid for that convenience of not having to go through that separate process. There is something in it for both of us, hence my content with the situation.

In my visa interview would it disadvantage me to sell myself as a marketing specialist? For example when they ask me, what is your role at the company. The offer letter states my duties which are both a mix of office duties and marketing duties. Though the LCA if approved will state office clerk. How black and white are these categories? I guess it's more wage related than the duties.

Appreciate your words