awhampton

Hey guys, I am in a similar situation @carlisheam is in. I have been working here in the states on a J1 Visa but my employer wants me to stay for at least the next year. Our season ends in late January/Early December so my plan is to visit some mates who are living in Canada in January and apply for the E-3 Visa from there with the idea of returning to the states in February/March.

Any advice on where to start (websites to go to, forms to fill out)? Documentation I will need? Costs? Expected wait time in Canada etc?

The J1 was pretty much all organized from a company back in Melbourne so this would be my first time actually applying for a Visa personally.
Any help would be appreciated.

Alex

auseng

Hi all, I came across this forum when I did a google search, so I am hoping you can help me with a couple of questions.

I have landed a job offer with a company in NYC, my LCA has been approved and an immigration services company has prepared all the documentation that is required. Now I just need to go to a US consulate for the interview.

I really want to go to the consulate in Barbados, however it says this on the website:
"If you choose to apply for your E-3 visa in Barbados, you must be aware that there is no guarantee of visa issuance. If your visa is denied you will not be able to use the Visa Waiver Program to reenter the United States. If you do not possess another valid U.S. visa you will have to return home to Australia without transiting the U.S."

Has anyone had their first E3 visa approved at the Barbados consulate? I'm trying to decide if it is too risky to try and get it processed there.

Also if for some reason it is rejected there, can I go straight to another consulate, say London, and try again?

Thanks for your help!

ian-mstm

Let the employer's immigration lawyer handle the details.

Ian

retzie

The major issue in switching from a J-1 to E-3 is making sure the position fits the 'specialty occupation' stipulation. The job needs to require a degree and you need to have (and prove you have) that degree or equivalent experience. You probably won't have needed to do anything like this for the J-1. As Ian mentioned, proving the job itself needs the degree is normally something the employer/employer's attorney would sort out.

As for yourself, you will need to show proof of degree - usually this means transcripts, which are better than degree certificate, since they demonstrate your area of expertise. Be aware that if you're applying in Canada, they may require proof your degree is equivalent to a 4 year US Bachelors (a 3 year AU degree usually is). You can normally bypass this step if applying in Oz, as they are generally familiar with the local universities.

Also, double check your J-1 is not subject to the HRR - it should be written in the comment section of the visa itself. If you are, start looking into a waiver.

Wherever you apply, you can't avoid the application fee, which seems to have come down somewhat from its previously loft heights.

Bootle

It's an Embassy and not a consulate.

They have a history of approving the E-3 but your circumstances may not be the same as others. I would also note that I have heard some instances where the approval has taken over a week.

As a side note London does not process the E-3 for a non-UK resident.

If you find what you are doing risky book your flights through Canada.

ian-mstm

To clarify, US Consular Services in Barbados shares the same building as the US Embassy... but they are two separate and distinct entities. People are not interviewed at, nor are visas issued at the Embassy.


And yet we have had reports that they do!

Ian

awhampton

I should be OK with the 'specialty occupation' stipulation, its a new position within the organisation and I have been asked to write the Job Description/Requirements from scratch. So really I can make it suit me as needed.

I have access to both my transcripts and certificate so again this should be OK.

I recently heard of a couple of people that have switched from the J-1 to the E-3 AND remained in the States the whole time. This involved filing a I-129 Form to the USCIS, and the process usually takes around 3 months.
Has anyone had experience with this before?

retzie

Common wisdom around here is to exit and apply at consul. The I-129 requires a petition, which means $$$ to file, plus an additional wait. This is NOT needed for an E-3 at consul. Basically, you'd be losing half the advantage of an E-3.

You would also be gaining a potentially very long wait. User pinkhandbag has posted about a very drawn out wait for an E-3 extension.

Overall, internal processing is pricey, seems to take forever and leaves you needing to get a new visa stamp as soon as you travel internationally anyway. Definitely best to avoid, if you can.

pinkhandbag

FWIW our case was received by USCIS received on July 9 and they just sent an RFE yesterday, October 25. So that's 3.5 months so far (really, 4 months since we posted it)

I'm not sure what they're requesting yet but at this rate, I don't expect a decision for another couple of months. Happy to be proven wrong, of course

E3only

My E-3 extension was filed March 2012 and no decision until May 2012. So I went to to Canada and got it done. I remember just before I went, there were E-3 extensions applied in Jan and had not heard back.

The attorney had called in May and was told by USCIS and due to some shortage and lots of H1B apps, they had to divert resources.

lifehouse51

I would also NOT recommend the I-129 route. Unless there is a good reason for going for this route (Unable to travel due to medical condition, cannot leave spouse/children behind, etc.), applying for a E-3 visa outside of the U.S. is really the better way to go.

ajith999

Hi,

Congratulations on your E3 visa approval.

Can you please provide me your employer details who has sponsored you as I am willing to apply for an E3 visa ,looking for employer to sponsor me.


appreciate your help.please.


Thanks.

rajesh.sap01

Hi Need some info on E3 Visa:

I got E3 visa in February 2012 in SYDNEY and came to US in September 2012. In October 2012(around five weeks of time) I had traveled to Canada to visit my brother family. Now i found new Employer with approved LCA and Offer letter.

Please clarify me on whether i can travel to USA on existing E3 VISA which has VALIDITY till Jan 2014 on my passport and get I-94 at the port of entry with new employer by providing new employer details with LCA and Offer Letter OR i need to get new VISA again in US EMBASSY.

What are the options i had at this Situation?

Request you to provide me the information..

ajith999

Hi Rajesh sap01,

I just have one question please.

can you tell me when you attended your interview in the Sydney consulate in feb 2012 did you carry LCA and client employment offer letter with you for visa interview.
It would be great if you can share me the details of the employer who has sponsored you .


appreciate your response.

Thanks

ian-mstm

The day you left your original E-3 sponsor, your visa became immediately invalid whether or not the visa is expired. If you had stayed in the US, there would not have been a problem. However, since you are currently outside the US, you must appear at a US Consulate (not Embassy) and get a new visa.

Canada, by the way, is not obligated to process your visa!

Ian