washingtonmouse

Where did you apply for the E3 renewal? And where did your friend?

jaysanala

That i know but the problem is not with me its with my wifes EAD, as her EAD expires March 31st 2017, before that we need to have our E3 approvals 1st and then we apply for her EAD extension so its doesn't work out if i go alone to outside country to get stamped i have to take her too which will be very hard and expensive with 3 year son no one to take care.

My point is, this is ridiculous that they are taking so long to process extensions, see the idea behind that E3 dont have premium is that it will processed quickly and now if they don't that its very sad and unfortunate thing.

ian-mstm

I can certainly understand your frustration with US immigration. First, they allowed you the privilege of coming to the US... and now, just when you're starting to feel settled, they bung it up and force you to worry about a renewal. How dare they? Perhaps it would have been more kind to have denied the E-3 application in the first place and then you wouldn't now be in this position! And, when you complain about it, you get people like me responding who will remind you that it's still a privilege to be allowed to live and work in the US and perhaps you should count your blessings instead of complaining about how slow the system is - because it was your choice to renew as you did.

Ian

jaysanala

Hi All,

I m on E3 working and my wife is on E3D working as well on EAD, its time for us to apply for our E3 and E3D renewals. my question is can we stat an application with USCIS for my wife's EAD extension simultaneously along with our E3 and E3D extensions?

Thanks

jaysanala

Hey , i don't know whats your situation is but i m not asking them a free favor to allow me to work here or extend my stay, i m paying thousands of dollars in taxes every year and also paying hundreds of dollars every time i m applying for extensions, they are doing it for free. its a mutual benefits and i m sure counting my blessings. all i said is why can't they do it faster when the person is already in the country and seeking for extension to stay which they said they will do it quicker for not having premium process like H1B.

ian-mstm

Just so you know, US immigration doesn't see one red cent of any tax money you pay.


This is all they get... and it's barely enough to cover their costs.


US immigration operates on a cost-recovery basis.

Ian

shalini80

Hello Ian, while i really appreciate your contribution to this forum, I could not agree less with your point of view.
Feel free to ignore this message, this is just my point of view as I couldn't stop myself from responding.

To be allowed to live and work in the US is definitely NOT a privilege and no way can be called a blessing.
It's more like a business where two parties benefit mutually and visa applicants are more like customers.
The way US immigration system works, I don't see any reason to praise it.

Waiting indefinitely on your extensions and unable to travel for months while you wait for your visa is indeed ridiculous on part of the system and it makes it less attractive for many Australians to come to the US.
In fact I believe there is so much that the US immigration system can learn from their Australian counterparts as latter is one of the best in the world.

ian-mstm

You're forgetting one thing... from the US point of view, they have no need of foreigners. Indeed the way US immigration law is written, the US doesn't care one bit if you ever apply for a visa. If the US deigns to review your application, it's because they're doing you a favor... and that makes it a privilege whether you choose to acknowledge it or not.


Again, the US doesn't care whether or not their system is inconvenient to you. Why? Because you want the benefit, but they don't actually need you.


And... here's the final nail in the coffin. Your premise is faulty and so, therefore, is your conclusion. The US doesn't want foreigners. As I alluded to earlier, US rules and regulations are written in such a way as to keep aliens out of the US unless they fit into one of several very narrowly-defined exceptions known as visas. That is the default position of US immigration. They don't actually want aliens coming to the US and that is reflected in their immigration laws.

Ian

shalini80

This is quite interesting. So what you are saying is US does not need aliens and their law says to keep them out. Yet they issued tens of million visas only in the last year.

If this is all a one side benefit does it mean US is issuing these visas as part of charity?

And if this is indeed the case, I wonder why is there a concept of labor approval for most work visas. The very first requirement is that a US company wanting to hire an alien worker have to prove that they could not find a local match first. Does that not mean the reason why H1B, E3 and similar visas exist so the need of the local US companies can be fulfilled when they can't find the skills locally.

I am not sure about what the law says but I know how the visa process works, and it is designed from US employer's perspective. The employer tries to find the skills locally first, and if they can't they apply for labor approval and go look for candidates outside.
So that explains whose need it really is and who is US doing favor to.

If US is really doing favor by issuing aliens a visa, then the system should have been the other way around. The aliens should initiate the process and visa be allocated based on humanitarian grounds. This will be a more appropriate implementation of the law that you are describing.

In reality, it is the US employers who go out and look for aliens from other countries. The aliens they find are just people looking for work so that they can support themselves and their families. Keep in mind that these aliens go through a lot of hardships living abroad away from their families and sometimes unable to travel back to their country at the time of emergencies just because of this ridiculous visa system, just so they can save their jobs.

ian-mstm

With several limited exceptions, yes. The US is, and has always been, an insular society.


Well, not "tens of millions" but certainly close to 11 million. Fair enough, but 78% of those were visitor visas - who are not "just people looking for work so that they can support themselves and their families."


That's often how it seems, yes. The US government, however, has chosen to create limited immigration laws that bend to the wishes of US companies. Those US companies have consistently pushed for more lax immigration laws (and don't kid yourself that it's altruistic of them... they want to hire relatively cheap labor and bring back the days of indentured servitude), and the US government has consistently tried to tighten up those same laws. And, where US companies can't bring in foreign labor, they outsource - which works out even better for them.


Don't confuse what the US government wants with what US companies want. They're goals aren't the same!


Correct - not from the US government's perspective.


Correct - US companies, not the US government.


The US is, and has always been, an insular society. You can argue all you want but it doesn't alter the US government's default position on immigration.


Correct... the employers.


No, they're not. With respect, they can already work and support themselves and their families where they are... but, for the most, part, they think the grass is somehow greener in the US because they've bought into the media hype!


With respect, that is their choice... and it has always been their choice. Don't try to twist things to make it appear that the "ridiculous visa system" is to blame for the choices that people make. Since they aren't prisoners in the US, they are free to leave at any time whatsoever... and if they choose to abandon their family during an emergency for the sake of their job, then they're horrid people in the first place. The US visa system didn't turn them into such a person.

At any rate, I doubt either of us is going to alter our position based on what the other says, so perhaps we can simply agree to disagree.

Ian

washingtonmouse

Just for future reference for anyone thinking of doing your E3 abroad, I would strongly advise against doing it anywhere but Australia. Having undergone a tumultuous time myself, comparing the Consulate in Vancouver to that of Sydney is night and day; I wish counsel advised against going to Canada.

Regardless of how strong your application is, it seems Canada is much-more stringent to say the least. Also, if not approved on the spot, the issuance of an RFE means you could potentially be stuck there for weeks, possibly a month or 2...I could even see administrative processing going close to 90 days as they'll want to review and verify everything provided.


From my understanding, consulates in Canada, and Mexico, are a little bit more of a risk averse and tend to process the E3 differently. May have to do with these countries sharing a border with the states. Chances of me going there for any future renewals are extremely slim. It's not worth getting someone not familiar with the E3 and issuing an RFE. The likelihood of that happening in Australia (issuance of an E3 based on ignorance/unfamiliarity) is low. An RFE in Canada or anywhere else, when you have a job waiting and are not at home, is a very stressful occurrence.

Just hope people in the future read this and heed my advice. I was told my application was extremely strong, I hit on every criteria (ties to home country, own properties, maintain businesses/investments, have a bachelors degree, have a specialty occupation, etc etc) and that Canada would not be a problem, it would be fine, but in the end that turned out very wrong. Sat in administrative processing for about 3 weeks after getting hit with an RFE. The interviewer was extremely robotic and asked questions that did not seem to apply to the E3 and the specifics to the refusal were very off (claimed that my employer doesn't need someone in my occupation and that they need a different specialty occupation and reviewing my experience/degree to this new occupation they determined my employer needs they felt I didn't have the specified credentials....). Alternatively in Sydney, the interview was 4 questions (who is my employer, what do they do, what will I do for them, and what sort of education do I have), extremely straightforward and simple, a quick review of my educational documents and I was approved.

ian-mstm

I'm sorry that you had this experience - I tried to warn you in early August when you first posted about going to Canada.


I'm glad you said this - because very often, people don't believe us when we mention that the lawyers work for the company - they don't work for you! My guess is that if you now tell them of your experience, they'll dismiss it as a one-off and absolve themselves of any part in it.

Ian

Pollyana

To be able to live and work in ANY country other than the one in which you are born is a privilege. Its not a right and its not a blessing. And if you want the privilege of being allowed to work in another country you abide by their rules, their laws, their processing times.
Now I don't know whether you were born in Australia or migrated there before moving to the US, but I can assure you that the basic attitude of the Australian system is no different to that of the US. You have to meet their requirements, pay their fees,and sort out new visas when necessary. Any Australian immigration forum is full of people complaining that their visas are taking too long, and that the system is too expensive. And you know what? Australia doesn't care. You want to migrate, you wait your turn. Same as the USA. Living here on a visa is a privilege, not a right, and certainly not a blessing.
However, as you are in the privileged position of being able to live and work in the USA AND Australia, could I suggest you either do what the US requires of come back to your Australia? Many many people would love to have that choice.

Druti75

Hi,

I am not sure if a question to similar to mine has been posted earlier here. I haven't gone through all the posts. I have got mine and dependents first E3 extension in July and believe if I have to travel outside USA I need new E3 visa for reentry.I have a family emergency and need to travel to India.Can someone please advise if I decide to go obviously I need new E3 visa but do my spouse and kids also have to get new E3 dependent visa(from Canada or someother country) and my husband has to get new EAD or can thay stay in USA with current extension.Any information would be much appreciated

ian-mstm

If your existing visa has expired, yes.


So long as they all remain in the US and their extensions are valid, they'll be fine.

Ian