wxueping

Hi,

My E-3 visa expired 2 months ago but my I-94 is still valid. My employer filed E-3 extension for me to USCIS in Oct/2015, got RFE in Dec/2015, responded within one week. My case is still pending as of now so SR was filed last week. Here is the response from USCIS.

We have placed your case on a processing hold because the required security checks
remain pending. Until we receive the results of these security checks, we cannot
move forward on your case. We require the results of security checks before we make
a decision on any pending case.

We cannot predict when we will receive the results of these security checks. Please
be assured that we will make every effort to make a decision in your case as soon as
the security checks are complete.

If I go to Consulate in Canada to renew my E-3 visa, will my application be denied due to the pending "security checks" by USCIS? If it is denied, I won't be able to come back due to my existing E-3 visa expired already.

Anyone has the experience of the "security checks" process? Is there anything I could do to speed up this process?

I didn't go to consulate to renew my E-3 visa at the 1st place due to my wife's approved I-140 for GC. I thought we could file I-485 soon but visa number hasn't been available yet. Also when I renewed my E-3 at consulate in Toronto last time, the officer there told me that E-3 is a "temporary" visa and my application could be denied next time due to too many renewals.

Thanks for any opinions or information!

Regards,
Leo

ian-mstm

It's unlikely that they will deny your visa because of the security checks. It's more likely that they'll refuse to even process it for you. Either way, if you leave the US you won't be able to return.


Correct. You are in status only if you remain in the US until the security checks are finished processing.


No, nothing.


All visas are temporary... because they all have an expiry date. Yes, your renewal could have been denied... but your renewal could also have been denied even if you had returned to Australia to apply.

Ian

wxueping

Thanks Ian for the quick response!

There is nothing I can do now except praying. If I went to consulate to renew my E-3 without involving USCIS at all, would I still be stuck at security check?

Regards,
Leo

ian-mstm

Very likely, yes. The biggest issue is that you don't know why they're doing extra security checks - and they won't tell you. You can't find out why you're in the process; you can't find out how far along you are in the process; and you can't find out how much longer it's going to take.

All you can do is wait.

Ian

HeatherZ

Hi everyone, I have my first E-3! Well, it'll be ready in "3-5 days".

I thought I'd update and describe my experience today at the Vancouver Consulate, since I would have wanted to read what I'm going to write and it might help someone.

I booked my appointment without an LCA. On the DS-160 it was possible to check "No" on the "Do you have an LCA" and still apply. I left 8 business days between the company lodging the form and my interview appointment. I was nervous, but the LCA came through in 4.5 days.

I was a little early for my appointment, and had to wait outside. Don't bother being early! The website said no cellphones are allowed and there's nowhere to check them in, but I think people are able to check them in. It was inconvenient, but I left mine at the hotel just in case.

The whole process took about an hour of lining up and fingerprinting etc. The actual interview was about a minute, they didn't even ask to see my degree, just asked what I studied, and what my job will be.

So the whole process, from filing the DS 160 to being approved, took 12 days. Hooray for work!

HeatherZ

Update: it turned out that my interview was the Friday before a long weekend. It was the next Friday before the 3 days of "administrative processing" and day of courier delivery got my passport back to me. My work was very impatient and it was a bit stressful.

Lesson: count on adding 4 business days after your interview to get your passport back. Enjoy a holiday in Vancouver.

Starting my NEW JOB tomorrow, hooray!

docnetau

The old visa will have both the company name and the LCA number under annotations. Thus it will NOT be valid unless you're still working at that employer and under that LCA number.

Intelligent

Hello All,

I am going for an early renewal(3 Months Ahead) of my E3 and my family E3D visa, with the same employer.
My Question is, Apart from new LCA, Do I need a new offer letter from the employer or just a letter saying that, they want me to continue my employment with them, is fine?

Thank You

aussiguy

Hi everyone,
I've got LCA certified and have need to get visa stamped. However, there is a situation.
- In India (where I currently work), there is a long interview wait time - 2 - 3 months
- In Singapore, wait time is 10 days and in Dubai, wait time is 1-2 days

How does it work? Can I simply put different country's US consulate details in DS160 and finalise appointment and then rock up? Or should I clarify with the consulate before hand? I prefer NOT to rock up at the consulate in a different country only to be told that "sorry we can't process your app".

Appreciate your help and many thanks in advance.

Regards,
PK

ian-mstm

This. Consulates are not obligated to process the paperwork for a 3rd-party national... so always best to find out ahead of time.

Ian

ourcore

Hi, all,

I'm currently in the process of applying for my second E-3 visa for a new employer and have run into an issue.

Late last year, I discovered that my first E-3 was issued for one year, expiring in February 2016, instead of for two years. Since I didn't have the time or resources to travel overseas and renew my E-3, I requested an extension of stay (I-539) with the USCIS. The USCIS also mentioned that I'd be able to stay in the country for up to 240 days while my application was processed. Last month, they came back stating that according to their records, my E-3 visa expires in February 2017, at which point, it didn't seem like I needed to take any further action. Since I would be applying for a new E-3, I also didn't need to extend my current E-3 anymore.

The problem now is that I've discovered that my first LCA was mistakenly requested for one year by my current employer, instead of for two years.

My new employer has just submitted a new LCA and we're about to submit my DS-160, but I'm unsure if the consulate at Barbados would look up my first LCA and deny my new E-3 due to the fact that I unknowingly worked beyond the valid LCA date, despite the fact that I was informed that my current E-3 is, in fact, valid until February 2017. Obviously, I wasn't previously informed that my LCA expired after one year or that it had a separate expiry date, but I took what I believed to be the necessary precautions by requesting an extension. It's not like I was employed for one year and I intentionally stayed in the country beyond this time. I can easily prove that I've been working until now. The CBP stamp also says "Class E-3 until Feb 06, 2017".

I understand that nothing's guaranteed, but any advice would be really helpful as it's all very stressful.

Dpaks

Hi All,
My wife is currently on an E3, expiring Oct 16. In the past we used to just go out of the country with a new LCA and get it stamped because the USCIS route was unpredictable in terms of how long it took for them to process the new/extension application.

Given the 240 day rule has now been extended to E3, do you see any harm in doing the USCIS extension/renewal/new application given it is the same job, employer etc ?

Thanks in advance.

Regards,
Deepak

docnetau

The biggest issue with going this route is that whilst it extends your status, it doesn't extend your visa. That's fine whilst you're still in the country, but the moment you leave the US your status is invalid, and your visa is expired - so in order to re-enter the US you'll need to obtain a new visa at that time.

Even if you don't have plans to travel outside of the US, consider emergency situations/etc that might have you returning to Australia (or elsewhere) for a short period...

Dpaks

Thanks much for your response, I understand the implications of a sudden travel need overseas but apart from that you don't see any issues right ?

We were planning to go on a vacation to Australia at the end of the year so I was trying to avoid going multiple times in such a short period of time.

augigi

If USCIS twice has said that the E3 is valid until Feb 2017 (is that the expiration date on the actual visa in your passport?), I wouldn't worry about the previous LCA at all.