Innka9

Hi everyone,
I'm currently on an E-3 visa and would like to change employers. A few questions?
1: All I have to do is get the new employer to fill in and I-129, right? How long does it take for I-129 to process?
2: If I leave the US on a holiday, after I've started with the new job, and want to continue working at the new job, would I have to file for a new E3? (my current E3 visa has the name of my current, not new employer)
3: Is it faster to just apply for a new E-3 than do an I-129?
4: If I apply for a new E-3, how to I go about canceling my current E-3, or will it just be canceled for me when the new E-3 is approved.

Thanks and I hope that the US gov. shutdowns ends soon...to process all our applications!

Regards,
Innka9

fair_dincum

I think the majority don't pay this tax. Probably because not many know about it and IRS has not really been cracking down on this. But it all may soon change given all the new FBAR regulations, form 8938 and so on.

docnetau

1. Yes, that's one option, but it will likely takes *months* to be approved, especially now. Realistically this is the wrong way to go about it.

2. Correct. Your existing E3 will not be valid for re-entry.

3. Yes. This is by far the best way to do it.

4. It will be canceled when the new one is approved, and will be stamped with "Cancelled without Prejudice" to show that it's no longer valid. Note that this does NOT mean you can't continue to work for your existing company (for at least a short time). ie, you can wait until after your new visa is approved before giving notice to your existing employer.

The new application can pretty much be done in any country, but you will need to leave the US for it. I've done this 4 times, twice in Canada, twice in Sydney.

E3only

+1

Strong reconsider and get it down from ouside of US. I had no response for 4 months and had to leave the day of visa expiry

The last time i checked you are immediately out of status after your visa/I94 expiry even with filed extension. E3 is not covered under 240 day rule

Another issue i faced was my license was tied to I94 expiry and they wont renew based on extension filing.

docnetau

Interestingly after 5 years of my drivers license being tied to my I94 expiry, my my 2nd to last license actually expired on my birthday earlier this year (which was well before the I94 expiry).

When I renewed it a month or so before my birthday I received a full 5 year license, expiring on my birthday in 2018!

Not sure if that's a change in California rules, something to do with me being here >5 years, or just an error on someones behalf - but given the problems I've had with my license renewals in the past it's a good change!

Michael

California recently passed a law that now issues driver's licenses to illegals so it might have something to do with that.

Although a driver's license issued to illegals are supposed to have some form of notation on the driver's license, maybe the law was also changed for people that are currently legal in the US and the DMV issues 5 years licenses to everyone except I believe 10 years for USC's and LPRs under the age of 65.

Look at the driver's license and see if there is some form of notation such as "documented when issued".

docnetau

Nope. "Endorsements: None. Restrictions: None."

However I'd say you're on the mark overwise. Not having to deal with the legal presence unit in Sacramento every year or so is definitely a welcome change!

merryfool86

That's great news! I got my licence this year and was quite annoyed when I found it expired next year (with the I94), especially after all the crap I had to go through with the DMV. Hopefully next year they'll do the same at time of renewal.

I've been reading this thread (and it's predecessors) for a couple months now, but I can't quite remember seeing anything about changing from a E3D to a full E3

My wife is currently on the E3D visa, but her company is willing to start her own E3 visa next year when mine expires. Would she need to go all the way back to Australia for the consulate interview?

I know Canada doesn't do "initial" interviews anymore, but as she was on an E3D prior to the change, is she still considered a first timer and not a renewal?

E3only

Wow if that's true...awesome deal. Mine expires next year ...dang it, already up for another renewal...

ian-mstm

No... but she does need to appear at a US Consulate outside the US.


Really? When did that change?

Ian

merryfool86

Oh, so she can turn up at a US consulate in Canada next year and change from E3D to an E3 visa?

e3geek

yeh!

Bootle

There is, however, this warning on the Canadian consulate sites relating to the E-3. Anecdotal evidence also suggests that new E-3's are becoming harder to obtain, greater scrutiny of the labor certification and consular officials are actually reading job requirements and candidate experience.

"Consular officers in Canada may refuse to issue a visa to first-time E3 applicants if the applicant's education and/or work experience is solely or predominantly from a country other than the United States or Canada. In the absence of U.S. or Canadian education or work experience, we strongly encourage you to apply from your country of residence."

ian-mstm

To be fair, that warning has been there for many, many years!


All of which supports the position that Canada still processes E-3 visas for TPNs.

Ian

e3geek

Hay, anyone stuck with LCA delays since government reopen? I am still waiting for it.

Whats the news?