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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

Old Dec 22nd 2013, 4:34 pm
  #1051  
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Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by me_ll_ie
I signed an offer letter from the employer from the US.
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.


From which source did you find out that interviewing on the VWP is legal?
My source was an experienced US immigration attorney, and member of this site.

Ian
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Old Dec 23rd 2013, 12:37 am
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Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by ian-mstm
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
Hi 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.
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Old Dec 23rd 2013, 12:51 am
  #1053  
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Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by me_ll_ie
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.
J Craig Fong who is a member of BE.
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Old Dec 24th 2013, 3:37 am
  #1054  
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Default 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:

Due to weather conditions, the U.S. Consulate in Toronto will not process visa applications on December 24, 2013.
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?
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Old Dec 24th 2013, 5:27 pm
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Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by fair_dincum
So mad at them...
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!

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Old Dec 24th 2013, 10:02 pm
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Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by ian-mstm
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!
Do you always believe what you read in the papers? A piece of advice for you: it can be highly overblown. I am in Toronto right now and everything looks business as usual. Guess what, my hotel is open as well as the nearby Subway. Why not the U.S. Consulate then? I suspect they just used the storm excuse to get another Christmas holiday, as if having both U.S. and Canadian holidays was not enough.
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Old Dec 25th 2013, 1:45 am
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Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by fair_dincum
Do you always believe what you read in the papers?
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!


Guess what, my hotel is open as well as the nearby Subway.
Well... bully for you! I hope you have a real nice Christmas.

Ian
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Old Jan 2nd 2014, 12:35 pm
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Default 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?
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Old Jan 2nd 2014, 12:48 pm
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Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by nervlord
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?
Married is Married.

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.
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Old Jan 2nd 2014, 12:56 pm
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Default 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.
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Old Jan 2nd 2014, 2:21 pm
  #1061  
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Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by nervlord
I can't find anything that says this isn't possible or allowed, what do you think?
Under US law, you are allowed to do whatever you want unless there is a specific law prohibiting that action. Since there's no law preventing you from doing this, it's perfectly fine.


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?
Yes - all she needs is a copy of your valid E-3 visa and a copy of the marriage certificate. This is a very common scenario.

Ian
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Old Jan 2nd 2014, 11:48 pm
  #1062  
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Default Re: E-3 Visa for Australians Thread- It's all in here

You Guys rock, one less problem to deal with thanks guys.
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Old Jan 3rd 2014, 3:29 am
  #1063  
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Default 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
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Old Jan 3rd 2014, 2:02 pm
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Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by Dpaks
I have since renewed my passport, how do I get my I94 extended?
Research: deferred inspection.


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.
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
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Old Jan 13th 2014, 7:59 pm
  #1065  
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Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by E3only
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.
For option1, has anyone experience e3 transfer process confirm the sequence order.

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?
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