sirck

Hi all,

Great forums, I found all the information very helpful especially for E3 which is the category that I fall under.

There isn't much information on how an E3 visa holder actually renews their visa after the 2 years that it is granted for. So I decided to email the Sydney U.S embassy.

In particular, I didn't know whether or not I had to go back to Australia to renew it, or if I could renew it in the USA. Also I wanted to know what the fee is, forms required, and how early you need to renew before the expiration date.

Here is the email response:


Thank you for your enquiry.

You can apply to extend your E-3 from within the U.S. This is known as an extension (not a renewal), and if you are staying with the same employer this does not count towards the annual quota of E-3 visas.

You should apply for an extension through the U.S. Citizenship and Immigration Services (USCIS), see http://www.uscis.gov/portal/site/uscis . A press release on this site outlines the basic requirements for renewal: http://www.uscis.gov/files/pressrelease/E3_010606PR.pdf

The decision on whether you can extend is at the discretion of USCIS, but the E-3 visa is designed as a renewable/extendable visa (in periods of 2 years at a time). E-3 applicants are admitted for a two-year period renewable indefinitely, provided the applicant is able to demonstrate that he/she does not intend to remain or work permanently in the U.S.

There is no firm guidance about when applicants should extend or reapply, except for ‘as early as possible’.

AMVISA

U.S. Consulate General, Sydney

(SG)

So basically reading the pdf link http://www.uscis.gov/files/pressrelease/E3_010606PR.pdf

You need an:
I-129 form (may need to include all the documents provided initially e.g. bachelors, proof of AUS citizenship)
Pay $190 USD
And lodge the form in the US directly with the Vermont Service Center

tls222

Hey Sirck,

I'm just about to begin putting together a renewal application for my E3 and I noticed your old post... how did it all go? Did you simply submit the I-129 with accompanying documentation? Any unexpected roadblocks that I should know about?

I'd really appreciate the information.

Thanks a lot,

Trevor

sirck

Hi tls222,

I actually have not gone through the process of renewing my E3 as yet, as it has not expired. I only emailed the Sydney embassy to prepare in advance and mine is not due until next year.

I had a look at the I-129 form, and there is a section that you can tick for renewal of a non-immigrant visa that was previously approved. Although I noticed that most of the questions seemed to assume that the applicant was applying for a H1B or TN visa.

I wonder if there is anyway to renew the visa at a Canadian consulate instead? for example calgary etc?

Ray

But it does mean you have no visa ..so you will be land locked ...
if you leave the country you will need the visa to get back in again ..
visas are only issued by consulates ..

Jim R Studdard

"Ray" <[email protected]> wrote in message
news:[email protected] m...
|
|| >
| > There isn't much information on how an E3 visa holder actually renews
| > their visa after the 2 years that it is granted for. So I decided to
| > email the Sydney U.S embassy.
| >


Check 8 CFR 214.2(e)(20) and the instructions on form I-129.

http://www.uscis.gov/propub/ProPubVA...dfe78bf2aff82c

tls222

Hey Sirck & Ray,

Thanks for the replies.

I did some more research and I briefly spoke to an immigration lawyer and the consensus seems to be that like Sirck said you can extend an E3 visa by basically completing the exact same process we did to get one in the beginning... the I-129 with accompanying documentation and the application fee, which I'm not sure if you noticed, has just been bumped to $320. This will extend the visa, allowing you to stay within the United States with no problems. But like Ray mentioned, if you wish to re-enter the States you need to get a new physical visa issued by a consulate... bring your LCA, job offer etc. and the I-797 which you should receive back after submitting the I-129.

Anyway, sounds like we're going to be part of the first bunch of people to extend an E3, so let's keep each other in the loop!

Thanks again,

Trevor

Ray

No ..this will extend your I-94

sirck

Hi Trevor,

I think that is a good summary of what needs to be done if we take the I-129 route, and then go to the consulate to get our visas stamped by showing them our documents including the newly received I-797.

But what if we wanted to skip filing the I-129 internally and go directly to the consulate in order to get our visas renewed and stamped again?
I wonder if it would just be a matter of bringing the DS-156, 157, LCA, degree etc? And also the I-129??

Please keep us updated on how you filled out the I-129 form.

nikiAkl

E3 to GC and E3 renewal:

I read some time ago about a case where a guy who was working for Oracle on E3, had applied for GC via Oracle immigration department and he not only got rejected but was asked to go back to Australia for violating the E3 rules.

The only other case that I am aware of where the person got GC while on E3 had actually filed for GC while on H1. The problem with this process is that if you are born in a country, like China or India, which are subject to huge backlogs for GC processing then it may take an average of 5 years to get the GC approval.

The biggest advantage of E3 is for married people where spouse is allowed to work. Apart from that, E3 can create more stress than H1 since you have to apply for extension every 2 years (actually make it every 1.8 years because you need to give USCIS atleast 3 months or more processing time for extension approval).

Anyone who wants to apply for GC while on E3 must be very cautious in my view. If however, anyone in this forum has managed to get GC while on E3 then it would be very valuable to all E3 holders if you can kindly post your experiences and the process.

Has anyone been able to get E3 renewal yet? I think the biggest problem for those without strong links to Australia is to show proof of ties to Australia. I have professional memberships in Australia and am not sure if this will be seen as a link/tie to Australia. Can anyone who has some ideas regarding this issue post your experiences.

Thanks to everyone who are posting their expereinces. We are a relatively small group of visa holders compared to other types and please continue to post your experiences so that all of us can benefit from it.

catlady_02

Hello everyone, not sure this is a visa extent questions or a general questions. Feel free to delete either the post if this is inappropriate.

I started my new work 3 months ago (change of employer) and planning for a trip overseas early next year. I will need to apply for a new E-3 visa overseas in order to return after the holiday.

My question is, do I need a new LCA form from my current employer or use the one I applied for a "change of employer"? I notice there's a expiry date on the LCA form, not sure that relevent to my case.

Thank you.

sirck

Hi catlady_02,

Did you apply for a change of employer within the United states with an I-129 form? If so, would you be able to provide any guidance on
how you filled out the form, and if you had to tick any boxes or write "E3" specifically?

In regards to you question, and I assuming that you used this method and received an I-797 receipt? If so, my best guess would be that you would just need to use the I-797, new letter of employment, degree, and the LCA that you used for the change of employment.

catlady_02

hello sirck,

thanks for your quick reply, I didn't fill out the form myself but I do have the bunch of documents my lawyer sent to USCIS when I applied for "change of employer", let me go home and check it out for you.

Cheers~

sirck

thanks, that would be appreciated. Please let us know how your visa re-stamp progresses.

denmeado

Hi all,
I am about to do the extension soon too. In fact 5 months in advance given the glacial pace of USCIS et al. I will get advice from my company's immigration law firm, but thanks for the great info to get started with. I will post any interesting info/hurdles I encounter. The main one of which might be getting my spouse through the process again! Nightmare. So did it really go up to $320...this info I have not found. Has anyone paid yet?
Cheers.

ozziecat

The application fee for the I-129 does seem to have gone up to $320 - check out the USCIS website at http://www.uscis.gov/portal/site/usc...1RCRD&survey=1