E-3 Visa for Australians Thread- It's all in here
#1051
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: E-3 Visa for Australians Thread- It's all in here
Were you in the US when you signed the letter? If you did, you shouldn't have - because in that moment you became a de facto employee - and you can't be an employee unless you already have permission to work in the US.
My source was an experienced US immigration attorney, and member of this site.
Ian
From which source did you find out that interviewing on the VWP is legal?
Ian
#1052
Just Joined
Joined: Dec 2013
Posts: 3
Re: E-3 Visa for Australians Thread- It's all in here
Were you in the US when you signed the letter? If you did, you shouldn't have - because in that moment you became a de facto employee - and you can't be an employee unless you already have permission to work in the US.
My source was an experienced US immigration attorney, and member of this site.
Ian
My source was an experienced US immigration attorney, and member of this site.
Ian
I was not in the US when I signed the letter. The offer letter was signed in my current location (Seoul).
Do you have details of this US immigration attorney? I have called a few attorneys as I am going to have a lawyer handle my first E3 visa case.
Looks like I'll most likely be cancelling my impending trip to the US. I just feel all of this stress and risk of being denied entry/having a red flag on my Passport is not worth it as I need my E3 approved so I can start working ASAP.
#1054
Just Joined
Joined: May 2011
Posts: 29
Re: E-3 Visa for Australians Thread- It's all in here
Had my E-3 renewal interview scheduled for tomorrow in Toronto, and half way on my roadtrip from Chicago got an email:
They rescheduled our appointment to January 17. What a great Christmas present, U.S. Consulate.
So mad at them... I've sent an email asking for an expedited appointment. Is there anything else I can do?
Due to weather conditions, the U.S. Consulate in Toronto will not process visa applications on December 24, 2013.
So mad at them... I've sent an email asking for an expedited appointment. Is there anything else I can do?
#1055
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: E-3 Visa for Australians Thread- It's all in here
It's always good to blame the US Consulate for the ice storm that battered Toronto recently; hundreds of thousands without power for days on end; described by more than one newspaper as "catastrophic"; hundreds of people stranded; several people dead; the airport shutdown... and, oh so sorry, you don't get your interview. So sad, too bad - but by all means, be mad at the US Consulate for inconveniencing you!
Ian
Ian
#1056
Just Joined
Joined: May 2011
Posts: 29
Re: E-3 Visa for Australians Thread- It's all in here
It's always good to blame the US Consulate for the ice storm that battered Toronto recently; hundreds of thousands without power for days on end; described by more than one newspaper as "catastrophic"; hundreds of people stranded; several people dead; the airport shutdown... and, oh so sorry, you don't get your interview. So sad, too bad - but by all means, be mad at the US Consulate for inconveniencing you!
#1057
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: E-3 Visa for Australians Thread- It's all in here
No! I grew up in Toronto - and I've lived through several of those ice storms. Further, I believe what both my brother and mom say - and they still live in Toronto. They were without power for 64 hours!
Well... bully for you! I hope you have a real nice Christmas.
Ian
Guess what, my hotel is open as well as the nearby Subway.
Ian
#1058
Just Joined
Joined: Dec 2013
Posts: 3
Re: E-3 Visa for Australians Thread- It's all in here
Hey Guys
Got a tough one for you I think! I am (hopefully) going to be getting an E3 Visa in the next few months. I have a long term girlfriend who I am going to ask to marry me on a holiday I am taking to Japan. Once I get back with her from Japan, I will hopefully be well on my way to getting the E3 Visa.
My question is this: Would there be any issue getting her an E3D Visa if we went and officially got married AFTER I got granted the E3? I guess because we don't want to have to rush a wedding etc. if we don't have to.
So The process would look like this:
Come Back from Japan holiday
Me get E3
A few weeks later, we would go to the registery and get officially married, I would head off to the united states to start working and she would stay in Australia for a couple of weeks to tie up our affairs over here, then she would go and get the E3D with the marriage certificate we would have.
I can't find anything that says this isn't possible or allowed, what do you think?
Got a tough one for you I think! I am (hopefully) going to be getting an E3 Visa in the next few months. I have a long term girlfriend who I am going to ask to marry me on a holiday I am taking to Japan. Once I get back with her from Japan, I will hopefully be well on my way to getting the E3 Visa.
My question is this: Would there be any issue getting her an E3D Visa if we went and officially got married AFTER I got granted the E3? I guess because we don't want to have to rush a wedding etc. if we don't have to.
So The process would look like this:
Come Back from Japan holiday
Me get E3
A few weeks later, we would go to the registery and get officially married, I would head off to the united states to start working and she would stay in Australia for a couple of weeks to tie up our affairs over here, then she would go and get the E3D with the marriage certificate we would have.
I can't find anything that says this isn't possible or allowed, what do you think?
#1059
Forum Regular
Joined: Oct 2013
Posts: 66
Re: E-3 Visa for Australians Thread- It's all in here
So The process would look like this:
Come Back from Japan holiday
Me get E3
A few weeks later, we would go to the registry and get officially married, I would head off to the united states to start working and she would stay in Australia for a couple of weeks to tie up our affairs over here, then she would go and get the E3D with the marriage certificate we would have.
I can't find anything that says this isn't possible or allowed, what do you think?
Come Back from Japan holiday
Me get E3
A few weeks later, we would go to the registry and get officially married, I would head off to the united states to start working and she would stay in Australia for a couple of weeks to tie up our affairs over here, then she would go and get the E3D with the marriage certificate we would have.
I can't find anything that says this isn't possible or allowed, what do you think?
She will need a copy of your E3 Visa and Official Marriage Certificate (from the state Birth/Deaths and Marriages registry) and fill out the DS160.
#1060
Just Joined
Joined: Dec 2013
Posts: 3
Re: E-3 Visa for Australians Thread- It's all in here
Hi Zenjabba thanks for reply, Yep what your saying makes sense. So just so I am crystal clear: It's OK if when I receive the E3 Visa, we are not married, and we get married AFTER i have been approved for the E3 Visa, then she applies for E3D is perfectly acceptable?
Agree with what your saying though and I can't see how they could argue against it but Visa laws are mysterious beasts.
Agree with what your saying though and I can't see how they could argue against it but Visa laws are mysterious beasts.
#1061
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: E-3 Visa for Australians Thread- It's all in here
It's OK if when I receive the E3 Visa, we are not married, and we get married AFTER i have been approved for the E3 Visa, then she applies for E3D is perfectly acceptable?
Ian
#1062
Just Joined
Joined: Dec 2013
Posts: 3
Re: E-3 Visa for Australians Thread- It's all in here
You Guys rock, one less problem to deal with thanks guys.
#1063
Forum Regular
Joined: Apr 2009
Posts: 33
Re: E-3 Visa for Australians Thread- It's all in here
Hi All,
I have my E3 valid till Dec 2014 but when I last entered the US I had a I94 stamp with validity till April 2014 because of my passport expiry date. I have since renewed my passport, how do I get my I94 extended? I read some stories (mostly around H1B) about going to the Mexico/Canada border and re-entering but I also read some comments that short trips will not qualify for new I-94.
I am in the bay area so any experience in SF will be great too please
Thank you,
Regards,
Deepak
I have my E3 valid till Dec 2014 but when I last entered the US I had a I94 stamp with validity till April 2014 because of my passport expiry date. I have since renewed my passport, how do I get my I94 extended? I read some stories (mostly around H1B) about going to the Mexico/Canada border and re-entering but I also read some comments that short trips will not qualify for new I-94.
I am in the bay area so any experience in SF will be great too please
Thank you,
Regards,
Deepak
#1064
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: E-3 Visa for Australians Thread- It's all in here
Research: deferred inspection.
Short trips to Canada or Mexico certainly don't help if you're on the VWP... but you aren't. Anyway - deferred inspection should help you.
Ian
I read some stories (mostly around H1B) about going to the Mexico/Canada border and re-entering but I also read some comments that short trips will not qualify for new I-94.
Ian
#1065
Just Joined
Joined: Jan 2014
Posts: 8
Re: E-3 Visa for Australians Thread- It's all in here
Option 1
New employer files and gets LCA approved
You give notice
Fly out to get new E-3 done
Hope to god E-3 is approved
You fly back
Option 2
New employer files and gets LCA approved
Applies on shore for transfer
You wait
Transfer is approved
You serve notice
You join new employer
For Option 2. I am not so sure if by approving new E-3 on shore, the existing E-3 is invalidated immediately. In that case, you can't really serve the notice. Further I am also not sure if you can file the change of employer and can start work immediately instead of waiting for approval (I doubt you can do that)
Not an expert in this so I am sure folks will correct me.
New employer files and gets LCA approved
You give notice
Fly out to get new E-3 done
Hope to god E-3 is approved
You fly back
Option 2
New employer files and gets LCA approved
Applies on shore for transfer
You wait
Transfer is approved
You serve notice
You join new employer
For Option 2. I am not so sure if by approving new E-3 on shore, the existing E-3 is invalidated immediately. In that case, you can't really serve the notice. Further I am also not sure if you can file the change of employer and can start work immediately instead of waiting for approval (I doubt you can do that)
Not an expert in this so I am sure folks will correct me.
I wonder whether which steps below goes first?
1. New employer files and gets LCA approved
2. You give notice
Is it ok for new employer to file and gets LCA approved while I'm still employed with current employer?
The other thing is what happen to my SSN ? do I have to apply again after I got my new e3 visa?