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E-3 Visa for Australians Thread- It's all in here

E-3 Visa for Australians Thread- It's all in here

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Old Jun 21st 2016, 4:25 am
  #2266  
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Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by 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.
Thanks for replying. My passport says Feb 2016, which is what prompted me to request the extension, but the USCIS came back saying I'm in valid E-3 status until Feb 2017. The Customs and Border Protection stamp (not visa) in my passport also says I have E-3 class until Feb 2017.
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Old Jun 22nd 2016, 2:41 am
  #2267  
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Default Re: E-3 Visa for Australians Thread- It's all in here

Is 10 years experience acceptable in lieu of a completed degree? Or 10 years plus some study?
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Old Jun 22nd 2016, 2:11 pm
  #2268  
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Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by AnotherWorld
Is 10 years experience acceptable in lieu of a completed degree? Or 10 years plus some study?
Generally, you need 12 years of progressive experience in lieu of a 4-year degree. However, any combination will work... so if you have 2 years of post secondary education, you then need 6 years of work experience to offset the missing 2 years. Keep in mind that that's a general guideline only.

Ian
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Old Jun 28th 2016, 1:36 pm
  #2269  
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Default Re: E-3 Visa for Australians Thread- It's all in here

Hi everyone

Its been a while since I posted. I'm due to renew my E3 visa in September. Last time I went to Barbados and was able to get an interview within a week or so and the interview was a good 30 seconds long and I got my visa back in 4 days.

Im thinking of renewing in London this time. Just wondering if anyone has done the same recently and can share some insight into how long the wait for an interview was and their interview experience.

I ran a search across the forums for "London" and "E3" for the past 6 months and didn't find anything, so I'm asking.

Thanks all.
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Old Jun 29th 2016, 3:11 am
  #2270  
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Default Re: E-3 Visa for Australians Thread- It's all in here

Visa and Status are two different things. As I mentioned, I haven't seen anyone doing this on E-3, but I have seen people using old H-1 stamp after changing employers. This is a well known and widely used practice for H1B.

Please Refer to: https://fam.state.gov/fam/09FAM/09FAM040210.html

Relevant Text:
9 FAM 402.10-11(C) Validity of H-1B When There is a Change of Employer
(CT:VISA-1; 11-18-2015)
(Previous Location: 9 FAM 41.53 N8.3-3 CT:VISA-2154; 07-30-2014)

a. After changing H-1B employers in accordance with DHS procedures for making such a change, an H-1B visa holder may continue to use his or her original H-1B visa for entry into the United States. Upon applying for entry, the visa holder must present the new Form I-797, Notice of Action, evidencing the approval of the change of employer in addition to the visa.




Originally Posted by 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.

Originally Posted by maulajatt;
I haven't seen anyone doing this on E3, but people do this all the time on H1. You do not need to get a new Stamp with new employer if your old stamp is still valid.
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Old Jul 15th 2016, 1:37 pm
  #2271  
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Default Re: E-3 Visa for Australians Thread- It's all in here

Hi

My E3 visa expired in April this year. I filed for an extension in December 15 via USCIS. It is still currently being processed (7.5 months now)

If i plan to go back to the Australia - would i need to a brand new E3 application or can i file under E3 extension.

This is really stressful times

Thanks
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Old Jul 15th 2016, 4:19 pm
  #2272  
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Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by akathedude1981
If i plan to go back to the Australia - would i need to a brand new E3 application or can i file under E3 extension.
You will need a new visa. The extension is valid only while you're in the US.

Ian
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Old Jul 15th 2016, 4:28 pm
  #2273  
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Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by ian-mstm
You will need a new visa. The extension is valid only while you're in the US.
But to confuse things slightly, the new visa will be an "E3R" where the "R" refers to it being a "renewal".

From your perspective there's no real difference between an E3 and an E3R - you apply the same way and it's still considered a new visa as Ian has said. The only real difference is that it doesn't count against the cap of the maximum number of E3 visas that they can issue per year.
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Old Jul 18th 2016, 10:25 pm
  #2274  
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Default Re: E-3 Visa for Australians Thread- It's all in here

Hi! I need some advice from anyone that has experience with an EAD renewalS

My EAD and e3d visa both expire on Dec 1st 2016. My question is can I apply for my renewal EAD now and my e3 visa afterwards.

My plan was to do EAD now as it takes 90 days and do my visa renewal closer to Dec 1st, but just realised they might not accept it if they see my Visa expires soon and I don't have a renewal yet.

I am now worried this is the case which means I potentially won't have enough time now and have to stop work whilst I wait the 90days.

Any advice would be greatly appreciated!!
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Old Jul 18th 2016, 11:11 pm
  #2275  
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Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by kaimmy
My question is can I apply for my renewal EAD now and my e3 visa afterwards.
Your EAD is valid only so long as you are in valid E-3D status. So - yes, you can apply to renew your EAD now, but you will still need to stop working when your status expires... and remain not working until your status is renewed.


My EAD and e3d visa both expire on Dec 1st 2016.
Why not simply renew your E-3D ahead of time and submit your EAD in time for the December 1 deadline?

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Old Jul 18th 2016, 11:35 pm
  #2276  
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Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by ian-mstm
Your EAD is valid only so long as you are in valid E-3D status. So - yes, you can apply to renew your EAD now, but you will still need to stop working when your status expires... and remain not working until your status is renewed.



Why not simply renew your E-3D ahead of time and submit your EAD in time for the December 1 deadline?

Ian

Thanks for your reply! It is not possible for me to leave the country to do the e3 visa until Mid September and then if I applied for my EAD after that it is not enough time and I would have to stop working....

Ideally I'd apply for new EAD now but I wasn't sure if it would be approved if I can't show a visa renewal..
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Old Jul 18th 2016, 11:57 pm
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Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by kaimmy
It is not possible for me to leave the country to do the e3 visa until Mid September...
Why would you need to leave the US? Why not just file for an extension of your status? You don't need a new visa unless there's some need to leave the US. A visa is nothing more than a travel document... what's important, is your status - and you can apply to extend (or even renew) your status from within the US.

Ian
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Old Jul 19th 2016, 12:16 am
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Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by ian-mstm
Why would you need to leave the US? Why not just file for an extension of your status? You don't need a new visa unless there's some need to leave the US. A visa is nothing more than a travel document... what's important, is your status - and you can apply to extend (or even renew) your status from within the US.

Ian
My understanding was that an extension of an e3 was more time consuming and costly when done within the USA and that most people would just go through a new e3 application which involves leaving the country to have the visa appointment which is what we planned to do?
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Old Jul 19th 2016, 1:37 am
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Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by kaimmy
My understanding was that an extension of an e3 was more time consuming and costly when done within the USA and that most people would just go through a new e3 application which involves leaving the country to have the visa appointment which is what we planned to do?
I wasn't attempting to weigh the cost/benefit ratio. You indicated that you wanted to keep working and didn't want to have to stop. You can choose which path to take.

Ian
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Old Jul 29th 2016, 12:52 am
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Default Re: E-3 Visa for Australians Thread- It's all in here

Hi,

I'm currently on an E3 and changing employers, for which I'll apply for a new E3 visa to avoid the lengthy transfer time with USCIS.

My new employer needs me to start on Aug 15th.

I booked my visa appointment in Mexico City, after confirming they'd take E3 applications and checking the wait time for other NIV (1 day). When I paid to book the appointment, the earliest was 20+ days away!! When I asked, they said it was due to the E3 visa type. We're special..

The fee is also non-refundable, so I'd prefer not to apply elsewhere, but

A few questions..

1) Has anyone successfully requested an expedited appointment based on the start date requested by an employer? Any tips?

2) I've already given notice to my current employer. A new LCA has already been filed. According to USCIS: "Your new employer must file a new Labor Condition Application and a new E-3 visa application. The gap between the jobs must be 10 days or less."

a) Does the new LCA being filed within 10 days mean I can stay in the US until mid-August (assuming I can't expedite the visa appt or find an earlier one)? Or, as soon as I finish up with my current employer, do I need to leave until I have the new E3?
b) If all else fails and I file a transfer with USCIS, can I work for my new employer while it's processed, or only when it's approved?

Really appreciate any tips or insight. There's a wealth of online info on first-time applicants, but not much else. My first application was a breeze in London - almost no wait time.. must be a seasonal thing.
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