mist3rh

well, they've tried to align E-3 and the other visas to H1B as initially intended at their inception. What I'm concerned about is the E-3 dual intent clearly stipulated like H1B so that no attorney, visa officer, customs officer has any ambiguity whatsoever whether E-3 is dual intent or not.

This, apparently, was going to happen under this ruling by making changes to the "change of status" option whereby much like the H1B, the E-3 visa holder could be allowed to adjust the status by filing I-140 and not be remotely considered in breach of 'intention to depart at the end of the granted stay'.

I've looked at the clauses that have been impacted as stated in the ruling but I couldn't figure out straight up whether dual-intent was clearly administered in the language for E-3.

I was hoping someone with attorney eyes may help.

fass

I got appointment on 8th Feb from US Consulate Ottawa for my E3 visa renewal. My current visa is valid till 28th Feb 2016, however i-94 is valid till 20 August 2016.

I am planning to drive to Canada and hopefully if I manage to get my visa renewed. What would be the next step in getting my i-94 extended?

Once I am back from Canada, do I need to consult USCIS to get i-94 extended? Or do I need to take appointment with the Homeland Security at US / Canada border ?

Thanks.

ian-mstm

You'll get a new I-94 when you re-enter the US with your new visa. No sense worrying about extending the current one until you know what the expiry date is on the new one.

Ian

yogibear14

Could I please clarify my understanding of the process to transfer my current, valid E-3 to a new employer?

I hear on here and elsewhere that it's preferable time-wise to just go through the process again.

As such, am I correct to assume that the process would look like:

1. New job offer accepted. New employer files paperwork with USCIS
2. During this time I can continue to work for my old employer (side question: are there any problems with me leaving the country during this time?)
3. USCIS approval received. Make consulate appointment
4. Finish employment at old employer
5. Leave country, attend consulate (probably in Canada) and receive new visa
6. Re-enter USA and start new job

Please correct any misunderstandings. And let me know if there are any big pitfalls in this process - e.g. what happens if the new employer makes a mistake with the filing, does this revoke my current status with old employer?

docnetau

Remove all of the bits about USCIS, and you're pretty much right.

Can you resign later if you want.

This exact question has been asked and answered a dozen times in this thread - I suggest scrolling back a bit...

drkadrka

Hi all. Awesome thread!

I have a question that I'd like answered if possible.
I recently got my E3 visa and will be going over to the US shortly to begin work. I have a long-term girlfriend (5+ years) who will be also coming over but on visa-waiver.

Because we were in and out of Australia the last few months we haven't had a chance to officially get married or anything.

Is is possible for us to get married in the US, and she can hop over to Canada and get the E3D? Will there be any problems arising from this? e.g. length of marriage too short, inability to get E3D's in Canada etc.

Thanks for your help

ian-mstm

It is certainly okay to get married in the US - no problem there. She can also go to Canada to get an E-3D... she'll need a copy of your valid E-3 visa and a copy of your marriage certificate. Length of marriage isn't an issue.

The one sticking point in all this, is that Canada isn't obligated to process her visa... because she's neither a US nor Canadian resident. They might, but they also have the option of refusing to process.

If you're going to the US "shortly", I suggest you marry now and get her visa processed before you leave... because any other permutation on that theme is going to be more difficult.

Ian

drkadrka

Thanks Ian.
It takes at the very minimum 1 month to get married in Australia from registering to getting the certificate, and I don't have the time for it.

Would she be able to call ahead and ask specifically whether they will allow it? or is she just going to have to show up and hope for the best?



On a completely unrelated note, how long since arriving in the US on an E3 do I have to wait before applying for a SSN?

Thanks

ian-mstm

Okay - but you don't need to get married in Australia!


If she calls, they'll say no - because that's the easiest thing for them to say. She'll submit a visa application. If they agree to process it, they will. If not, they'll return the application and suggest she file elsewhere - like Australia.


Wait about 10 days and then apply... it'll take that long for your information to be entered into the SAVE system. If you apply to early, they'll have to manually verify your status and that'll take about 8-10 weeks. You don't need a SSN to start working.

Ian

drkadrka

Thanks very much for the help, Ian.
Just a couple more questions if you don't mind.

So just to be clear, if they don't agree to process it, she will find out about this fact at the consulate in person and not prior?

Okay cool. How quickly after submitting the application can I get my SSN? I've heard that it's possible to go into the social security office to grab the number before receiving the physical card.
All I need is the number to input into the system so I can get paid really. I know, legally, the company is allowed to pay me as long as I've applied for an SSN, but they're using Zenefits for payroll and it isn't flexible around this.

ian-mstm

Yup - pretty much! I'm sure others will correct me if I'm wrong about this, but if she mails the application to them, they'll return it via mail if they aren't going to process. If she applies in person, they'll return it then and there. She may also have a problem getting an appointment in the first place. Canada releases blocks of appointment times in a rather haphazard manner - so it's possible that an appointment time won't be available for 5 or 6 months... and if she's on the VWP, that's not good at all.

As I said earlier - any permutation, other than getting married ASAP and getting the visa process started before you leave, is going to be more difficult.


If you're in the SAVE system when you apply, you can get often get the number the next day. The card comes in the mail within about 2 weeks or so after applying.


No, you don't. The company can enter a placeholder SSN for you... even with Zenefits. Zenefits doesn't check the validity of any number entered... it just needs a number! The SSN can be amended in the system once you have it. If they're not willing to do that for you... well, they're idiots who don't understand the software sufficiently well to do their own jobs.

Ian

drkadrka

Oh cool, I was unaware of that. I'll get onto it.
Thanks for all the info. Much appreciated

maulajatt

I attended the public relation tele-conference they conducted about the rule you are talking about. Few people asked this question including an attorney, the USCIS and DHS representatives mentioned that making E3 a dual intent visa is not included in the Rule.

It seems that only positive from is rule is the 240 day automatic visa extension if your E3 renewal is filed with USCIS before the current E3 expiry date.

ian-mstm

I'm not surprised since almost all visas, including the E-3, are already dual intent - whether specifically noted or not.

Ian

Elaera

Wow almost the exact thing happened to me. I was in Ottawa and the officer said I was a borderline case so he didn't want to make the call (obvis he did and denied me). What did you company do after? Did they resubmit for a new lca? Hope to hear back from you am feeling quite stuck.