ReneeNYC

Hey everyone,

Just found this forum and am very happy about that. Was just reading posts about the E3 visa (what I have) and didn't really find recent ones.

My company filed my E3 extension internally (USICS Vermont) on April 20th. My visa expires June 3rd.

Yes, yes, they're unorganized.

As far as I understand it, the two processes are different. When on an E3 and applying to the USICS internally, it's basically an "extension". Then I take all my documents, in my own time, to an outside consulate and can actually "renew" the visa then, that is, get a new visa issued.

My question...if I don't have confirmation before June 4th about my extension, can I keep working? Internal counsel at my company seems to think I need to come off the payrol between June 4th and whenever I get confirmation of my "extension". Bloody hell. I live in NYC and coming off the payroll for any length of time is not appealing.

Can anybody tell me approx. wait times when they've applied internally in 2009 for E3 extension? All the posts seemed to be in 2008. And some people were having them within 3 weeks. I think with what is happening at the USICS recently, it'll be a longer wait time right now....

Thanks for any feedback or comments!

shorrock

Yes you can keep working assuming you have filled for the extention before the expiry of your current visa. However if you leave the country after your current visa has expired and before your new one is approved it is deemed that you have abandon (sp) the extention and you will need to apply at a consulate.

When you get approval and you intend to travel outside of the USA you will need to get the visa stamp put in your passport at a consulate.

Regarding how long. Mine took 6 months.

I was in a similiar situation as you. I had 3 months left on my E3, applied for an incountry extention. I had to do some overseas work in Aus after my visa had expired. I just applied for the extention again in Sydney and got the stamp. About 2 months after I returned to the USA I got a letter stating my extention was approved. My lawyer said not to worry about this situation.

ReneeNYC

Wow your "extension" took six months? Was that recently? I saw on these forums that someone else received their extension approval within 3 weeks.

Do you mind if I ask who your law firm is? I don't know why the lawfirm my company uses (a self declared "immigrationi powerhouse" on their website) is not in sync with your lawyer on the view that I can work while an "extension" is in progress.

Thank you so much for the response. Your situation is indeed very similar.

E3only

Are you absolutely certain. Members have mentioned otherwise.....

shorrock

This was the legal advice from my immigration lawyer who has done many E3s before. If you are not sure, please consult a lawyer for thier advice.

shorrock

Applied for extention in June last year, recieved letter in Dec. I got my extention in Syd in Sept

I work for Microsoft and they have inhouse lawyers do this. I also read somewhere (.gov website) that you can do this.

If you are unsure please follow the advice of your own legal advisor.

ReneeNYC

Thanks so much. Yes, i checked with my lawyer who I've used for the last 8 years and he has the same view -- that you can continue to work.

Unfortunately though, my new company uses another law firm and that is not their view, and so this time I have to follow their direction. Feeling very agitated about the whole thing. Very inconvenient.

Looks like I'll be off the payroll from June 4th until I can find an opening at a Canadian consulate to get all my papers processed. I guess with Mexico consulates closed, the Canadian consulates are all booked out. I've never seen them all booked out at once for the next 3-6 weeks.

Thanks so much for taking the time to respond to my question. Much appreciated.

(Just as a last sound-off, this "law" that my company's law firm believes in wouldn't even actually make sense. Even as unreasonable as the USICS is, a person can't be forced off the pay-roll until their approval notice arrives, when there is no consistent time frame in which to expect the approval notice. If it can take anywhere from 3 weeks to six months, then you'd have people filing 6-9 months in advance of their expiration date in order to avoid the chance of having to take unpaid leave. It just doesn't make sense and would cause more work for the USICS if this were the law....).

meauxna

lol, I wouldn't think so... that is exactly what they do to people who use Employment Authorization Docs.
They tell you to apply 6 months in advance of the document expiring (they're only valid for a year generally).

E3only

Off the payroll wouldnt that mean you will have to leave the country in 10 days?

ReneeNYC

Yes exactly. That was my question back to our internal counsel. If you insist on taking me off the payroll, then it makes sense that the next piece of advice is leave the country on June 4th or within the 10 day grace period (if indeed they even believe in the 10 day grace period, as it's a commonly held belief, but not written on any .gov website as far as I know).

Currently awaiting response from internal counsel.

Will post back when I hear.

augigi

You should be able to get a quicker appt in Canada - try searching it in the mornings and finding a cancellation. They often pop up within a few days. You may have to drop everything and jump over for the appointment. You will need the paperwork ready though.

shorrock

Why not just get a flight back to Oz. Given the current prices of them and the ability to get a quick turn around on the visa this may make sense. Also if your not getting any cash in for a while this also makes sense.

ReneeNYC

I just got a call from internal Counsel and my extension/approval notice for my E3 arrived.

So, for reference, it was filed on April 20th (although documents were sent to the outside Counsel a lot earlier!) and I received the approval today, May 18th.

Had booked a June 9th trip to Calgary. My internal Counsel was sticking by the fact that I'd have to go on unpaid leave as of June 4th. My personal attorney was sticking to his opinion that this was not the law.

As of one hour ago, glad it's over, and I can schedule my trip to renew the visa in my own time. Probably try to do something more exotic than Calgary though.

Thanks everyone for chiming in. It's so good to find a site like this, and active/helpful members when you are so stressed about what is going on. Everyone chiming in helped me feel less alone.

jobag

ReneeNYC,
I just read your thread, it's so stressful not knowing exactly what to do, and waiting. These threads on the website are brilliant. Congrats that on getting yours.
I have applied for the extension as well, and have just received my notice that they have got my stuff in Vermont. When I went online to check the status it said that my case was placed on hold until I sent some other evidence in. Would you mind telling me what you sent with your application?
I put in a copy of my LCA
I-129
Job Offer
Copy of photo page of passport
Copy of E-3 visa stamp
Copy of current I-94 card
Did you include anything else with yours? I know it's probably some minor little thing, but of course I'm now stressing out. Would appreciate any input you have.
Thanks

ReneeNYC

Hi Jobag,

Sounds like we submitted pretty much the same evidence.

Did your job offer letter show evidence that you meet the educational requirements for the position to be filled (Bachelor's degree or higher or its equivalent in the specific specialty occupation)?

I assume since you are already on an E3 you've supplied the copies of all school transcripts before, and probably did again?

I think my internal counsel also sends in all prior approval notices and a detailed description of my present and all previous jobs. Not sure this is required though, but I think they can request more info on a whim, so maybe there is just a further question they want to chase up with you.

With your I94 card did you submit a copy of the front and back? Did you submit a recent pay stub? I think if you are paid again between now and when the petition was filed they can actually request a copy of that pay stub as well. (if the person looking at your application wanted to be really annoying).

Again, I don't think all of these are required, but they can be requested as additional information at the whim of whomever looked at your application. I guess you'll find out soon enough.

When does your E3 expire, and when did you file it, if you don't mind me asking?

Also, check your private message box on this site (top right corner). There is an Immigration lawyer who reads the boards called Susan Pai, who does a lot of E3s and she might have posted an answer to your post, privately. Her web site is here:
http://www.strongvisa.com/pages/e-3.php