Druti75

thanks ian

Axoman

Friends, I apologize if this has been answered already, but this is driving me crazy.

Typically when I re-enter the US on my E3 visa (which is a lot), they stamp it with admission for another two years. I know I can't work on that, but i could officially stay in the country. However, last time they stamped it based on my visa expiry date (which is soon in Dec). Is it written somewhere that it should be two years? Have I got a case to get it changed by CBP?

The real reason for the first question is my second question, my wife is on a E3-D spouse visa and her Employment Authorization Document (EAD) expires this coming Dec as well. We are all due to get new visa's in Dec in Australia, but the issue is that she'll have a gap in her employment of up to 90 days due to the processing time of a new EAD. Someone said to me to submit the EAD application now (as her I-94 doesn't expire until 2018 because we recently re-entered the country) and they should be able to issue a new EAD until that 2018 date. Firstly is this true? If yes, then my next problem is that my I-94 which she will also need to send now expires this Dec. I imagine that will be a problem which is why I want to know about the 2 year rule and if I should pursue having my I-94 corrected?

Phew. Please help

zenjabba

Actually, they will do it based on her I-94 timeline as you can come and go outside the country as well and it would change the I-94 each time.

I've actually had somebody have this exact problem, and the EAD for E3D was issued to the end of the E3D I-94.

Axoman

Very much appreciate the prompt response. Before I go to CBP I am after some official evidence that each time you enter the US on an E3, the I-94 is extended another two years. I swear I have seen this on the web before, but can't for the life of me find it now.

nosnibor

Hi - I am about to schedule an appointment for E3 extension (E3-R) in Australia. At the moment it says Sydney has a processing time of 10 days, but that's about the maximum amount of time I can allow (I'm only back in Aus for two weeks). I'm worried it's cutting it too close. I'm trying to decide if it's worth making the trek to Perth, which has 1 day processing time at the moment. I'm already coming from east coast US to Brisbane, so an extra 5+ hour flight to WA is pretty undesirable both timewise and moneywise.

I foresee no difficulties with my appointment (job is clearly a specialty occupation, I have clear qualifications, have family and own a house in Aus) so barring any application mistakes, I foresee no difficulties obtaining a visa.

From what I've read, if the passport is taken at the interview and visa does not have to undergo administrative processing, it usually only takes a few days to receive the passport with new visa. Last time I got mine back within two days and from memory the processing time listed was much longer than that. Does anyone know if the processing time on the US travel docs website is likely to apply to the E3-R visa?

zenjabba

Why don't you use the dropbox method since it's E3-R

Apply for a U.S. Visa | Apply By Mail - Australia (English)

What a friend did last time he used it, was Express Post it from the Airport when you land in the morning, and within 6 days it was back in his hand.

No need for a visit to the Consulate.

docnetau

I got an E3R in Sydney a few weeks ago. They have changed the process again slightly since the last time I was there, but the total time in the consulate was about 20 minutes, with about 4 of that being spent "upstairs" (ie, in the consulate itself as opposed to security downstairs). I received my passport back to a Sydney address 2 business days later, which is exactly how long it took 2 years ago when I got my last renewal.


Officially, you can't. One of the requirements is that you are a resident within the region of the consulate you're sending it to, which for an E3R you (generally) wouldn't be.

That said, I can't see how this would be any faster anyway, presuming you can get an appointment on the day you arrive from the US (which is what I did) or even a day or two after. And if something does go wrong (eg, you forgot to include something) then it's going to take a LOT longer to resolve than if you're onsite at the consulate!

nosnibor

I would love to, but I have similar concerns to docnetau. In particular, if there is an error, it will take longer to figure out.

maybe I'm missing something, but how is it that anybody with a US visa looking for an extension would satisfy that requirement?

The term "resident" is kind of ambiguous. Am I a resident of the US? I certainly reside in the US, but I'm definitely not a permanent resident and at one stage I was a non-resident alien. I think I'm a resident alien now for tax purposes... but I don't think that has any bearing on my immigration residency status. Plus I could theoretically be an Australian resident for tax purposes, although I am not.

OK, great, thanks. This is what I want to hear! I've booked in an appointment that will give me 6 working days to get my passport back before my booked flight. We'll see how it goes...!

docnetau

Those with a B1/B2, for example... (Or another other non-working visa)

nosnibor

Of course! I completely missed that possibility. That makes sense. Then I guess we take residency as literally being where you live.

zenjabba

When asked at the Consulate a few renewals ago, I was told "If you have an Australia Passport, you can use the service"

docnetau

That goes against the questions asked when you're booking a visa interview where it has doing it by mail as an option (where it asks if you are a resident in the consular district), however even if that's true in basically every case doing it via mail is going to take longer than in-person.

Apply for a U.S. Visa | Apply By Mail - Australia (English) has the process, and you need to wait until you get a Toll envelope from them in order to send the paperwork/passport in. Even if you somehow did that in advance (ie, got it sent to a friend/family member before you arrived) you're still losing at least one day for Toll over doing it in person.

Interestingly that page doesn't state the residency requirement, but does say you must be "currently in" the consular district where you are applying, so there's no way to do the entire process whilst still in the US - although you could potentially start it from there (depends what is considered "applying")

aussie1510

Hi All

I recently went to Mexico(Sep 2016) for E3 visa stamping to change my Employer to a Vendor Company and got approved(Till sep 2018) and came back to USA.

As soon as I came back my old employer and this vendor company is having a contract, which the vendor company did not realized and sent me to visa stamping.

By old employer started threatening the vendor company and this vendor company asked me to continue in the same project with my old employer which i have agreed and my old employer again asked me to go for new visa stamping.

hence i went for visa interview in ottawa,canada and interview was done and VO gave me 221g saying that they need to further review my application as i am moving further and back in betwen the companies(took my offer letter and returned passport) and said i will get email in a week.

After few phone calls from me i got email in a week asking for the end clients supervisor details, which i submitted on the same day.

but after tat its been a week again and no response came from them.

my questions are

1. Generally how long will it take if i was issued 221g in ottawa, canada consulate.
2.As my passport is with me and I have a valid visa(till 2018) in my passport with the vendor company name on the current valid visa- can i go back to USA using that visa and come back once the consulate asks me to drop the passport.
3.Vendor company also told me that they are going to revoke my visa(I am not sure whether they started revoking visa or not )- if they have started revoking process how long will it take for uscis to revoke my visa.
4.If i go back to usa(Driving) what type of questions do i face from the boarder department.

ian-mstm

If the E-3 change was approved, then the Vendor company is now your employer.... not the original company.


You no longer work for the old employer. They can't ask you do to anything. They do not have the authority to ask you to get a new visa stamp because you don't work for them. You work for the Vendor company.


I'm not surprised - you started working again for the first company but you were actually employed by the Vendor company. I'm pretty sure you aren't allowed to do that.


There's no way to know. It might take 2-3 weeks, it might take 2-3 months.


The visa may be unexpired, but that is not the same thing as the visa being valid. The 221(g) is a visa denial - which means your visa is likely invalid. If you try to enter the US and your visa is invalid, you will not be allowed in.


It'll probably take a few days.


The CBP officer at the border will likely ask you why you're trying to enter the US with a 221(g) visa denial on your record.

Ian

aussie1510

Hi Ian

Thanks for your reply.

I am still waiting in Canada from 4 weeks.

How likely is that I will be issued a new E3 visa on my old company?

AS they asked me to submit my end client supervisor contact details first(which i submitted on the same day) and after a week i got a mail fro consulate asking for i-129 and other supporting documents which i sumitted for USCIS.

In E3 case if we come for consular interview, as per my knowledge we dont have i-129 and we will not file petetion to USCIS.

The same thing my attorney has replied to them and i am waiting for any update this week.

one more question is can i withdraw this application and go back to my home country and after 10 days can i come back to usa using my visa which is on vendor company name and valid upto 2018.

please respond with u r suggestion which will be helpful to me.

thanks in advance.

Aussie1510