stoningrolls

But isn't my E-3 visa tied to my LCA (with a specific LCA number?)

ian-mstm

The visa is tied to you, not the LCA - in the same sense that a car is tied to you and not to the license plates.

Ian

Danoz

I am currently on an E3 visa and my wife is working using the EAD based off the E3D. I am in the process of looking for another role with another company. If i found another role, would this also impact her EAD, or as long as we fly out and get the visas re-issued her EAD status will remain in effect?

ian-mstm

This. Her EAD is tied to her E-3D status... so, as long as she's in status her EAD is valid. Your job is pretty much irrelevant... so long as your E-3 and her E-3D are valid.

Ian

docnetau

Even though the LCA number is listed under Annotations on the visa?

ian-mstm

Since a visa is a travel document and only a person can travel, then yes. If I'm wrong, please tell me - I don't want to be giving out incorrect information.

Ian

wedamija

I'm trying to book an E3 appointment for my and my spouse in February at the US Consulate in Sydney. The website has appointments in January and in March, but Feb has nothing available!

Seems really strange to me that Feb would be booked out when there are appointments in just a few days. Is there any chance that there's an error on their side, and if so is it worth trying to call the consulate to see if there are open slots?

Also, I'm wondering if the reduced availability is because we're trying to book an appointment together. Should we try and book separately instead? I already have a combined MRV receipt for both of us. Can I use that for two separate bookings, or would I just have to eat the cost of an extra appointment (happy to do so if it means I can get an appointment in Feb)?

ian-mstm

Likely not. Any slots that are open are likely the result of people having cancelled an appointment. If you specifically want an appointment in February and there are none - well, you're going to have to learn to live with disappointment. US immigration isn't like Burger King... you can't always have it your way. I suggest you alter your expectations.


No - all bookings are done online.


It's not. Slots are not on a per-person basis, but on a case basis.

Ian

wedamija

My point is that it makes no sense that there are no appointments in Sydney for all of February, and it's probably a mistake, especially given that lots of appointments are available with almost no wait time.

So, we called up the consulate in Sydney. They told us that there are no appointments available, but that there are open slots in Perth and Melbourne. We planned to try out Perth since we're heading there anyway.

Just to be sure, I checked the Sydney appointments again tonight and what do you know? Mysteriously, just a few hours after we called a bunch of spots have opened up all throughout Feb. Seems like it was an oversight on their part, and I suspect that the call prompted them to double check.

So probably worth a call if anyone runs into something like this in the future.

daogei

Hi everyone, I am currently based in Hong Kong, and I'm planning to apply for a job and also E-3 visa once I obtain a job offer. I also intended to apply for EB-3 visa once I get to the States. I have read some threads here saying that it's unsafe to apply for EB-3 as this may affect the renewal of the E-3 visa, while some said the "dual intend" works for E-3 visa as well. In fact, is there a possibility for me to apply EB-3 successfully while I'm working under the E-3 visa? Or I must change the E-3 visa to H-1B visa once I am working in the States? Thanks for your help!!

ian-mstm

You can't. You can't apply for a visa while you're inside the US.


Correct - it may!


Correct - it can. It was probably me who said it!


Again, you can't apply for a visa from inside the US. You can, however, apply for a Change of Status (COS) from inside the US. Perhaps this is what you meant. Since we know nothing about you including your education, skill set, and experience, no one here can even begin to suggest that you might be eligible to change your status.

So... what makes you think you're eligible to change your status?

Ian

daogei

Many thanks for your reply Ian!

But what I have been looking at is that people can carry out the EB-3 application while they are working inside the US with a E-3 visa. How does it work actually?


So how does it work at the same time with the dual intent thing?

Isn't this contradicts with the sentence above?

So is it actually possible to apply for a COS while I'm having E-3 visa when I'm inside the US?

I earned my bachelor degree in civil engineering in 2014, and my master degree in structural engineering in 2016. My skill set is exactly identical to my degree, and I have about 2.5 years working experience in this field in Hong Kong. I also am not sure if I'm eligible to apply for a EB-3, and hope that someone here may advice if my profile fits the criteria or not, thanks!

ian-mstm

Words have meaning. Unless they're planning on leaving the US and re-entering, it's more likely that they're doing a change of status... and not actually applying for a visa. A visa is a travel document... nothing more, nothing less. From inside the US, you would apply to change status, not apply for a visa. Consider this: why would you apply for a document to travel to the US when you're already in the US? It's the status that's important.


There's no contradiction - and I'm usually very specific with what I write. Any change of status application might cause a problem with the renewal of an existing status... or it might not. Also, almost all visas allow for dual intent whether explicitly stated or not. That said, the two scenarios are not mutually exclusive.


Yes.


When you're inside the US it's your status that's important. If you enter the US on an E-3 visa, you'll have E-3 status. I know this seems like semantics, but I'm trying to be specific. Immigration is difficult enough without being confused about the meaning of things.


I'm not sure either... but we have some pretty smart folks here who can advise you! Good luck with your journey.

Ian

daogei

I get what you mean, so in other words, once I would like to file for the change of status, the officer may realize my intention of permanently staying in the US when I am trying to extend my E-3 visa?

As I know that H-1B visa is definitely allowing for dual intent. However, it seemed that E-3 visa does not specifically state the dual intent possibility. In reality, how possible will E-3 visa holders be rejected for extension if they have filed for a COS?

Sure many thanks Ian! As I have obtained the Master Degree in my relevant field last year, i am also not sure if I should go for the EB-2 or EB-3 visa. Hopefully someone may be able to advise, thanks a lot!

retzie

Except daogei is asking about EB-3, which means they are talking about employment-based immigration, not a Change of Status. In this case, the approved I-140 petition (w. visa number) would be followed by an Adjustment of Status.

daogei: If you have an EB-3 application processing and you need to renew your E-3, officially, your renewal "may not be denied solely on the basis of an approved request for permanent labor certification or a filed or approved immigrant visa preference petition." USCIS memo (top of p. 4).

This covers you up to the point when your I-140 petition is approved AND a visa number is available. Once you hit that point, you would apply for AOS, which will take you from E-3 status to legal permanent resident status.

You should have your employer's immigration attorney weigh in on EB-2 vs EB-3. The latter would be better for you, so if you and the job meet the requirements, that would be preferable.