e3geek

My wife has found a job but she does not have an EAD. We are now in the process of getting one. My question is since she needs an EAD and an SSN, are they both independent of each other so she can apply both of them in parallel or she has to wait for one before she can apply for the other?

msgd

thank you Ian

ian-mstm

Good question. An L-2 visa holder can apply for a SSN independently of an EAD, but I don't know if an E-3D visa holder can. There used to be a list online of those visas that were allowed to get a SSN independently, but I can't seem to find it now. Hopefully someone else will know.

Ian

milklizard

Hey all,

Just wondering if anyone could help me here.

I'm currently in the US on my summer work and travel j-1 (previously did the 12 month j-1) and I have just been offered a job in my field of study. I have just completed a bachelor of civil engineering in Australia, and previous to that an advanced diploma of drafting and design. The company that is willing to sponsor me is Arup, a massive engineering company that has sponsored many people before me. My title will be graduate CAD technician.

I have told them the process for the e-3, being to submit the LCA and then I can organise a visa interview outside the US. Their. HR has decided it would be better to go through their immigration attorneys as they didn't understand the simple process I told them... So I received a questionnaire from their attorneys, titles visa petition. So I'm guessing they're trying to go down the long winded route of the I-129, to drag out costs for the company. My current j-1 expires in 3 weeks.

I'm trying to get in touch with the attorney to ask them to fill out the LCA instead so I can book my interview. Do you think it's possible I can book for Toronto instead of going home to Melbourne? Also, they said my start date is as soon as the visa if finalised, so what would they put realistically do you think? The. LCA equites a start date but as interview wait times could be anything, how would you know what to put? And the duration, is it a couple days short of the 2 year maximum?

Any help is appreciated!

Thanks, Aidan

ian-mstm

Let me preface all of this by mentioning that I'm not 100% sure that what I'm about to say is correct or accurate. So, with that caveat in mind...

If you don't have the 2-year HRR attached to your J-1, then you should be able to do a simple change of status from inside the US, rather than leave the US and get an E-3 visa. If you do leave the US once you get a change of status, then you will need to get the actual visa in your passport before being allowed to return to the US - and that means a trip to a US Consulate outside the US.


It's possible, yes. The US Consulate in Toronto isn't obligated to process your E-3 (known as TPN (Third Party National) processing) but many have reported success in the attempt.


If you can change status within the US, then I believe you can start work as soon as the application is submitted.

Ian

milklizard

Thanks Ian.

The change of status, doesn't that take a few months to process? I forgot to mention that this is for different employers

ian-mstm

From start to finish, yes... but you don't need the process to be complete before you can start work for the new employer. Read my last point again. You won't be out of status, if that's a concern.

Ian

milklizard

The I-129 application? I thought I read somewhere that you can't start work until that process is complete. I know you have to file the application before the end date of my current visa, which is March 2nd. Also I'm exempt from the 2 year HRR

0kid

maybe it's already been mentioned, but e3 visa fees have come down to 270usd. bargain!

retzie

For my first E-3, I went with the attorney recommended by my employer. They prepared an entire petition and even stung my employer for premium processing - I was applying from Oz, so there was literally no purpose to this!

The E-3 is a special case where it is almost always easier/cheaper/better to apply for a visa at a consulate, rather than attempt to change status in-country. The reason being that you just need the LCA for the former; you need an entire I-129 petition for the latter. There have also been some nightmarish processing times. (Search for E3only's posts - I believe he ended up leaving and applying for a visa, since it was taking so long.) If you get an actual visa in your passport, you get the added benefit of being free to travel without needing to get a visa issued to get back in.

If you can, you need to get back to the lawyers stating in no uncertain terms that you will be exiting and applying at consul and only need an LCA. For my renewal, I first attempted this with the original attorney and they tried to tell me it was not possible! I eventually found someone who checked the regulations and processed the LCA alone (my employer refused to do it themselves).

The moral is: persist. There are too many downsides to a change of status when an E-3 is concerned.

rayyang

Does anybody have experience to re-enter USA after his/her E3 expires? I've dug a while in net but haven't seen the real experiences. Or maybe I missed it in this thread.

So some bad things may happen to my job and I may lose my E3 visa in the next few months or even weeks. I'm thinking the options to extend my stay in USA to find a new job.

What about the followings:

1. Drive to Canada and return on Visa Wave Program without a air ticket back to Australia. It seems ok by this link (http://www.ustraveldocs.com/au/au-ni...waiverinfo.asp) but did anybody try it?
2. File an I-539 form to change the status from E3 to B2. But it seems that I need to buy an air ticket to Australia to support my application. Although it may be safer than option 1, buying 4 tickets for the whole family is quite expensive and will lose money when refund them - if after a while I get a new E3 and continue my stay.

What do you guys think?

economy_1

I dont think that airline will allow you to board plane with an expired E-3 visa. They will need to see either approved ESTA or valid visa.

If you loose your job then its better to apply for visitor visa B1/B2 to stay and look for job.You dont have to leave US to change status to B1/B2. You can apply it through USCIS.

Even if you drive to Canada and coming back on Visa Waiver program you need to apply for ESTA. In worst case (as it may happen) that ESTA is not approved then you will need to catch flight from Canada to Australia (and leave your car in Canada).

rayyang

Agree that the safest way is to change the status to B2 without exiting USA - just need to save money for the air tickets - although it still has the risk about how to explain to USCIS why you should stay in USA further if you have school-age kids.

However, the link I posted mentions the following:

I understand that the tricky thing is to satisfy the border security officers. Just want know if anybody had such luck and how he/she did it?

Thanks.

economy_1

One of my friend specially went to Perth for H1B visa stamping as his employer (a fortune 500 company) was not prepared to process his green card on E-3 visa.Unfortunately employer never paid for stamping trips.He spent $5000 towards airfare,accommodation etc. because his family had to move to H4 too.

msgd

do we need Education Evaluation cerificate of foreign degree for E3 extension??
I have my masters from Australia! please let me know