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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 May 2nd 2012, 10:42 pm
  #466  
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Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by jakey12
Hey all,

had a 9035 denied for an E-3 visa. Have asked employer to follow up with D.o.L as to why... thinking the most likely reason is the whole prevailing wage issue.
If I'm not mistaken, the employer is allowed to contest the decision. However, is it just easier that my employer submit a new 9035 with an increased wage offer? (ignore the fact that the employer has to agree to the increase)
If so, can that happen immediately? Or is there a minimum time between applications?
If not, anyone know how long the appeal process may take? Or what has to happen to prove the wage is legit?
If it's any consolation, I am happy with the wage being offered... surely that's gotta count for something!

Cheers,
Jake
Just want to clarify that it was the ETA-9035 (Labor Condition Application) that was denied, right? The LCA is NOT the same as your E-3 visa application, and it's a separate process.

I don't think there is a minimum time needed between applications. You should ask your employer to resubmit an application asap, and ask them to ask for legal advice if they're unfamiliar with what Dept of Labor is looking for in the form (It's relatively straightforward, but still sometimes employers can get confused)
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Old May 3rd 2012, 6:52 am
  #467  
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Default Re: E-3 Visa for Australians Thread- It's all in here

Yeah ETA9035 was what was denied... turns out the employer left a box blank they shouldnt have. Form resubmitted and hoping for the best.
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Old May 5th 2012, 7:16 pm
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Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by E3only
Hi guys.

For the benefit of the forum - last week the attorney filed for my E3 extension (within US). I will keep you posted of the outcome and timeline. My LCA expired end of April (of course the renewal has updated 2 yrs LCA thru 2014) and my I94 expires end of May.

Cheers
Hi,

Did you hear anything from USCIS regarding your visa extension?

Thanks.
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Old May 6th 2012, 4:38 am
  #469  
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Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by rahzam
Hi,

Did you hear anything from USCIS regarding your visa extension?

Thanks.
Hi, not as yet. I think the papers were submitted around mid March and the avg at TSC is around 3 months....hope to hear from them soon because I can not get my license renewed until papers are back...not funny to be in CA without a car!
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Old May 6th 2012, 11:44 pm
  #470  
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Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by E3only
Hi, not as yet. I think the papers were submitted around mid March and the avg at TSC is around 3 months....hope to hear from them soon because I can not get my license renewed until papers are back...not funny to be in CA without a car!
Is it TSC or VSC? some one told me that only VSC accept E3 extensions. Also when i tried to lookin for TSC 129 processing time there is none.

Cheers.
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Old May 7th 2012, 4:12 am
  #471  
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Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by rahzam
Is it TSC or VSC? some one told me that only VSC accept E3 extensions. Also when i tried to lookin for TSC 129 processing time there is none.

Cheers.
Pardon me, VSC is where they submitted.

I select
I-129
E - Treaty traders and investors
VSC

result = 2 months processing time...I am doing anything wrong?
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Old May 7th 2012, 7:59 pm
  #472  
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Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by E3only
Pardon me, VSC is where they submitted.

I select
I-129
E - Treaty traders and investors
VSC

result = 2 months processing time...I am doing anything wrong?
What you said above is absolutely correct and i did the same, only thing is I was not able to find the same for TSC.

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Old May 14th 2012, 5:42 pm
  #473  
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Default Re: E-3 Visa for Australians Thread- It's all in here

Hi everyone,

As you know from previous posts, I've been here 12 years, and on an E3 since 2006 (4 successful renewals - 2 due to change of location within the company). 6 years on a H1B before that.

I work for a big media company who uses BAL Immigration, however I don't really have access directly to them, as they're the company's law firm. (Plus I'm not quite ready to discuss all of the below with HR and work just yet.)

My partner (American born/citizen) and I are now 4 months pregnant. We've been together 10 years -- so, yep, should have gotten around to getting married, and yep, should have thought of all this, but alas, my visas have always been pretty easy and it never took priority -- I know from this forum people have talked about it being difficult to move from an E3 to a Greencard, but does that include marriage as well?

My next E3 expires March 2013, and so my company will start the paper process around October this year. (Baby is also due October this year.)

1/ If we were to get married now, but it takes awhile to get the green card (beyond March 2013), do I have to simulaneously renew my E3 again while I am waiting for the Green Card?

2/ If we were to not get married before the baby is born (but later down the track) is it hard to renew my E3 with a dependent? Or I guess the baby is an American citizen, so he's not listed on my E3?

3/ My New York lawyer is really expensive now, plus I live in LA, so if anyone has a good immigration lawyer rec for LA, please PM me.

Thanks, as always, for your advice and comments. I could write a book about H1Bs and E3s but I have no idea about the baby/marriage/E3-to-greencard process!!

thx
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Old May 14th 2012, 6:05 pm
  #474  
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Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by ReneeNYC
I know from this forum people have talked about it being difficult to move from an E3 to a Greencard, but does that include marriage as well?
No, not if your guy is a US citizen... easy peasy!


1/ If we were to get married now, but it takes awhile to get the green card (beyond March 2013), do I have to simulaneously renew my E3 again while I am waiting for the Green Card?
No. Once the I-485 application is accepted, you are allowed to stay in the US under "color of law" until a decision is made on your application. You won't have permission to work for about 3 months, but your E3 will remain valid until it expires. Once it expires, you can't work until you receive an EAD, which you'll apply for as part of the adjustment paperwork and which should arrive about 90 days after submission.


2/ If we were to not get married before the baby is born (but later down the track) is it hard to renew my E3 with a dependent? Or I guess the baby is an American citizen, so he's not listed on my E3?
Your child will be a USC and will not require sponsorship.


3/ My New York lawyer is really expensive now, plus I live in LA, so if anyone has a good immigration lawyer rec for LA, please PM me.
Start with www.aila.org... but a marriage-based adjustment is fairly easy and straight forward.

Ian
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Old May 15th 2012, 3:48 pm
  #475  
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Default Re: E-3 Visa for Australians Thread- It's all in here

Okay thanks Ian.

So, if i don't want any break in employment, it still sounds like I need to get all this done at least 3-4 months before my E3 expires.

Thanks for the feedback, much appreciated.
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Old May 15th 2012, 3:58 pm
  #476  
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Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by ReneeNYC
So, if i don't want any break in employment, it still sounds like I need to get all this done at least 3-4 months before my E3 expires.
Correct!

Ian
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Old May 18th 2012, 12:53 am
  #477  
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Default Re: E-3 Visa for Australians Thread- It's all in here

Great, thanks Ian!
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Old May 24th 2012, 12:07 am
  #478  
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Default Re: E-3 Visa for Australians Thread- It's all in here

hi all,
i am another first time e3 visa seeker. i am currently in LA under Visa waiver program, i have Masters from sydney in IT and i found an employer who actually applied for LCA yesterday. so, i've been told it wud take about 7 days(approx). here is the thing, i wanna go to vancouver for my visa interview? since it is my initial E3 visa process i have few concerns about attending an interview in vancouver,canada.
is there any one who actually got their initial e3 visa approved in vancouver recently?
or should i go back to sydney to get it done?
will there be any hiccups if i go to vancouver for an interview?
i've actually emailed vancouver us embassy, they replied me saying that they ll process all kind of visas.
so, any one has this information help me decide where to attend an visa interview please? as i need to start work in 2 weeks time. any info is very much appreciated.
thanking you
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Old May 24th 2012, 12:18 am
  #479  
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Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by msgd
hi all,
i am another first time e3 visa seeker. i am currently in LA under Visa waiver program, i have Masters from sydney in IT and i found an employer who actually applied for LCA yesterday. so, i've been told it wud take about 7 days(approx). here is the thing, i wanna go to vancouver for my visa interview? since it is my initial E3 visa process i have few concerns about attending an interview in vancouver,canada.
is there any one who actually got their initial e3 visa approved in vancouver recently?
or should i go back to sydney to get it done?
will there be any hiccups if i go to vancouver for an interview?
i've actually emailed vancouver us embassy, they replied me saying that they ll process all kind of visas.
so, any one has this information help me decide where to attend an visa interview please? as i need to start work in 2 weeks time. any info is very much appreciated.
thanking you
I think it'll be fine for you to go to Vancouver, even for an initial E-3, as long as you have all the required documentation. Quite a few posters here have applied for visas outside of their place of residence and were still fine. However, you should check to see how long it will take to get a visa appointment at Vancouver, as the U.S. consulates in Canada tend to have a long wait time. Besides the LCA, you also need to fill out the application form online and get your company to write a letter supporting your application, so be realistic about the timeframe.
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Old May 24th 2012, 12:44 am
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Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by lifehouse51
I think it'll be fine for you to go to Vancouver, even for an initial E-3, as long as you have all the required documentation. Quite a few posters here have applied for visas outside of their place of residence and were still fine. However, you should check to see how long it will take to get a visa appointment at Vancouver, as the U.S. consulates in Canada tend to have a long wait time. Besides the LCA, you also need to fill out the application form online and get your company to write a letter supporting your application, so be realistic about the timeframe.
thanx heaps for that mate and also if u have any link to the check list of documents for my interview, could you pls post it2 me that would great
thanx again
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