auschamp

Thank you augigi, I spoke to my employer and he confirmed that they need to file for I 129 and I should get a visa out side US.

I spoke to others and they said no need to file I 129

What was your situation? Were you extending your E3 or changing your employer ?

ndjndj

thank you!

I've managed to actually convince them that this wasn't the case and looks like I might be getting an offer!

I have two follow up questions

I want to buy a car. My girlfriend will do this under her name. This will likely happen when i'm on the VWP and i will just get added on to the insurance

1) can i do this and will this have any implications for the e3 visa application
2) can any one recommend and insurance provider for this?

Thanks,
ndjndj

ian-mstm

These two statements are contradictory. From what you've written, it's your girlfriend who is buying the car, not you. Why aren't you buying the car yourself?


Yes. No.


No - but insurance is likely to be quite expensive. You should probably ask this question in the general USA forum... since it's not actually an immigration issue.

Ian

augigi

Just answered your question in my last post. You do NOT need an I-129 at all. I don't think I can be any clearer but I'll try. (there's not much point asking questions if you don't listen to the answers).

1. Your visa from previous employer is not valid if you're lost your job, regardless of the expiration date written on it. It's no longer valid.
2. New employer gets LCA and gives you job offer letter
3. You fill out Form DS-160, Application for Non Immigrant Visa
4. Make appointment at a US consulate outside the US.

Getting a new E3 is much faster and easier than using I-129 to change employer or extend status. Not to mention if you need to leave the US you need to go to a Consulate and get a new visa anyhow. Just skip it and apply for the new one.

Most employers have no idea what to do with an E3 employee. My employer has 50,000 employees and I am the only E3 worker, so I have to tell them every step each time I renew (and I've been there for years).
5. Take job offer letter, LCA, and other info to the appointment
6. Enter US with new E3 and start working for new employer.

E3only

That.............................

docnetau

This bit should be in bold. You can not start working for your new employer until you have your new visa. Even if you're outside of the country, you can't work for them (presuming they are paying you as a US employee).

auschamp

Firstly I would like to thank all for your time to reply back.

As discussed I am going with Second option, which is getting my new employer to File for LCA and then attend a visa interview overseas(India) and yes I will be carrying the offer letter and other supporting documents to interview.

Can you please confirm if there would be any issue, if more than one employer file LCA for me. I have two employers who are willing to sponsor but process of my choice of employer seems to be slow. So to keep my status, I was thinking I will proceed with both of them and file for LCA but when the time comes to attend visa interview at overseas US consulate - which may be after at least 3 weeks I will choose the one who I feel is good and get visa stamp.

ian-mstm

You can certainly have multiple processes going at the same time... but you don't get to choose which sponsor you use. If one LCA is processed first - you either go with that one, or you wait for the other LCA to process... and hope it processes without issue.

Ian

E3only

You have to fill out DS160 before you can get an appointment
DS 160 asks for LCA confirmation number. Obviously you can't provide 2

docnetau

However you CAN change the DS160 after getting an appointment, including changing the LCA confirmation number listed on it.

E3only

Are you sure?

I remember reading I can't change once i submit. Of course I have never tried to change anything...

docnetau

It's been 18 months since my last application, so things may well have changed, but at that time I had gotten far enough through the DS160 application without having an LCA that I was able to book the appointment. You need to enter something that looks like an LCA number, but it doesn't verify it in any way. When I got the LCA (few weeks before the interview) I went back in and entered that into the DS160.

Then only a few days before my interview I got another new LCA (due to the specific situation the original one only had ~10 months validity and I talked them into re-doing it with 24 months), and was able to once again go in and re-enter the new number.

I don't recall the process well enough to know if I had actually "submitted" the DS-160 at any stage, but I'm pretty sure at least the 2nd time I had made it to the point of printing out the confirmation page so I probably had.

auschamp

So if employer one apply for LCA and it gets approved in a week then if second employer apply for new LCA later will it cause any issues or nullify the first one? Or have issues with approval for second one?

Or both the LCA's are valid and I could use either of them to fill out DS160?

docnetau

You may want to Google for LCA (or form 9035) and have a look at what an LCA looks like.

As you look through it, you'll find one thing that you're probably expecting is there but isn't - the employees name!

LCAs are NOT approved based on a person, they are approved based on the employer and a (somewhat generic) position.

Thus if two employers apply for LCAs "for you", there's absolutely no correlation between them - because nobody actually knows that they are "for you".

It's not until you actually go through the visa application process that the LCA is in any way assigned to you - at that point the LCA number and the employers name are printed on the visa, and it becomes "your" LCA.

auschamp

Perfect! that's very clear and its good to know that I can process my application through multiple employers and then select the one who I think is good for me at the last moment :-)