ram_aru

but i want to
if i apply to uscis filling i-129 and i535 for my spouse still do we need to go to canada r any overseas for stamping

CK78

Guys, for the umpteenth time, if you leave the country, you WILL need to get the new visa stamped in your passport if the existing visa validity date has passed.

Not sure why more people don't just go up to Canada and apply for a renewal there. It's the same paperwork for a new / renewal application but you get your passport back the next day ??

ps_gumby

HI,

I have been surfing this and other E3 related threads sporadically for a few weeks - all very helpful, thanks! Just need someone to overcome my employer-induced paranoia. Am on 1st E3 visa and am trying the canada route. Going up to Halifax next week to get (fingers crossed) a new E3-same employer. The current visa doesn't expire until mid October.

My employer's immigration dept is concerned that I am going too early...apparently there is some rule about applying too early for H1Bs, and they tell me an E3 is pretty much an H1B. A couple of other posts imply this is not the case - has anyone ever been told they are applying for a new visa to soon and been turned away?

Oh, and my LCA is out of sync - the current one doesn't expire until July 09. Does that matter if I have a brand spanking new LCA to show up at Halifax? And last question, do I need to show an I-129 - consulate website says this for H visas, but looking at this thread it doesn't sound like it.

Thanks!!

disaster2k7

Been reading through all the E3 renewal threads. A couple of questions that I haven't seen answers for, in this case I am planning to fly to Canada to renew the visa with a new employer:

1. when departing the USA, did you allow for the I-94 to be removed from your passport since it is no longer associated with the new employer?

2. did you have a return flight already booked in advanced (how much leeway should be given in case of slowdown in processing)? Or should it be left an open flight - in which case Canada will ask what your travel plans are...

thanks

pri

hi,

Does anyone have an idea of how the visa renewal process for E3-D(dependents) go?I did not find any info on this anywhere..

It probably is just sending across the dependent passports and supporting documents along with the main E3 applicant I guess.

If anyone knows the process,please reply.
Thanks

ozziecat

1. I was renewing for the same employer but I allowed the I-94 to be removed (do you have a choice...?)
2. Yes, I had my interview on the Tuesday and got my passport back with the visa on the Wednesday ( I went to Halifax). However, I had my flight booked back on the Saturday just in case. It turned out to be plenty of time.

ps_gumby

HI,

Just wanted to let you know that I just got back from Halifax for my E3 renewal. The process was very straightforward. I went Tues am, got asked a couple of questions (did I have siblings, forgot to tick the box on the DS156, was I previously on a J1 -yes-, and had the nature of my job changed with my employer). I had my passport with visa Wed 3pm. No fuss.

All they wanted were:

DS156
Letter from employer
Photo (get it dated on the back by the photographer if you can - it says this on the info sheet they hand you when you get to the consulate - mine wasn't, but they accepted it, thankfully!)
LCA
Passport
Original I797

They asked if I had a CV documenting my previous work history just before going through security, but didn't do anything when I didn't.
I brought a bank statement as proof of ties to home country, but they didn't ask to see it or any of the other documents I brought. Good to have them though, as I did hear some people ahead of me in the queue given a harder time. I think it is easier once you have already had a previous visa, since you are in the system

Good luck all!

disaster2k7

Awesome. I tried booking for this month to Canada on nvars, but it seems like it's fully booked out. Also I don't see an option for Halifax... how did it show up for you?

disaster2k7

So I still don't have any luck finding a spot with any of the Canadian based consulates, even when I've sat all morning since 3:30am PCT... argh. I guess Halifax shows up if you "renew" your visa with the same employer, but since I'm moving onto a new one, it's a new visa so Halifax isn't an option. Might have to fly home to Australia to do it now.

Question, if I do go home to do it in Australia, can my wife still stick around in the US for a short period. Problem is she's booked a trip home via London, but isn't flying until September 16. However, I'm planning on renewing the visa in two weeks time and if I go to Aus, the wife doesn't really feel like going because she'll be heading home in September anyways.

So does this impact her visa position and reentry into the US in the future if she chooses to stay past the 10 days allowed after my old visa is void? Oh, and her current I-94 is valid for a long while still.

thanks.

ian-mstm

I believe her visa is dependent on yours. While you probably will be successful with the renewal, if you are not for some reason... or delayed for some reason, your wife will be in a relatively uncertain situation.

Ian

DJQuimby

Hi Guys,

This forum has been a great source of info.

Anyway, I was trying to backread the thread to see if I there is someone with a similar situation.

I am an E3 Visa holder since Mar 2008 which was sponsored through a small consulting company from the mid west. Since Mar 2008 while I was still in AUS, this small consulting company was trying and having difficulty getting me client interviews. Thus, I decided to leave AUS ast July 2008 and go to the US on my own (I am shouldering all US expenses until now, not a single cent from my small consulting company) When I entered the US last July 2008 I used the E3 visa instead of the VWP, I informed this small consulting company in advance that I would use the E3 to enter the US and stay at my sisters place which was in the west coast while waiting for possible job offers and at the same time tole them that I would get the ball rolling on social security and other paperwork necessary. Sad to say, until now no clients from this small consulting company. I think if I stayed in AUS and waited for my small consulting company to place me with a client, it will be like waiting for jesus' second coming.

I then decided to take matters into my own hands and started applying locally. I have now just officially recieved a job offer for a contract role with a big consulting company here in the west coast, as I was able to hurdle interviews and get accepted in a 12 month contract role with one of their major clients which is a major US bank.

Now here's my question:

1. As I have never worked or never been renumerated by my small consulting company (I haven't even gone to there office in the mid west nor have they even invited me!), if I wanted to change employers, will I apply for an E3 transfer or apply under a E3 new application.

2. I have read in one of the posts that if you apply for a transfer one of the documentations that you need to provide are pay stubs, which I do not have as I never worked nor was renumerated (remember I paid for everything to come to the US).

3. I have also read that E3 transfers takes a very long time, I have booked an appointment with the US consulate in CAN (last July 2008 in anticipation that I might get a better job elsewhere) and now I'm scheduled by the 3rd week of August 2008 for my E3 appointment. I would appreciate if you experts can provide my some info how I will go about this.

4. Do I need to explain that my small consulting company had difficulty placing me? I know it sounds dodgy that they helped me with my E3 visa and all, but no prospect of work and renumeration while in the US sounds shifty. Does this mean I should apply for a new E3 visa altogether and tell the consulate that it did not work out with me and my small consulting company?

5. The next question is my entry to the US on a E3 Visa will that get questioned? (I feel that it looks like I was benched) As I have already applied for social security, opened bank accts etc but the small consulting company was really unable to get clients.

Mate, appreciate if you can provide me your insights.

Thanks!

disaster2k7

That was pretty wrong that the company didn't have work available for you because LCA for the E3 would show that you would be earning an income...

Get the new company to file the LCA online, then you can head directly to your appointment with it and get a new visa. Transfer within the country takes too long. And if you leave the country at any time, you'll have to get the visa stamp anyway.

I don't know about transfer, but a new visa with a new employer does not really matter about your previous pay. On the DS-157, you are only required to list your two previous employers, not the current one who hasn't been paying you.

You're lucky to get the interview nearby :-) I'm having to fly back home. It's the same process as when you applied for the first visa - DS-156, DS-157 (if male), LCA (filed by your employer), education transcripts/degree, marriage certificate, etc.

Don't think you need to mention it - just say they weren't the right company if asked. It's not your fault they didn't follow their employment process before they attempted to get you over. I've heard of some cases similar to yours, but people having to wait out until they get their SSN - which I don't believe is the right way because I was able to work without one but filed for the SSN shortly arriving in the US. I believe if the SSN application failed, then you'd be in trouble...

Don't think they question you about your actual visa, probably ask what you're doing in the US. Just tell them you're going to be working with this new company.

good luck.

augigi

I would report the old company to USCIS - who on earth heard of sponsoring a work visa, then providing no work and not even having you at the office? That's just odd. What was in it for them to sponsor you? In any case, they committed to provide the wage specified in the LCA, so I'd report them.

I'd be nervous that you are really out of status - you are meant to start working for your E3 employer within 10 days of arriving.

E3only

Augigi,

I am assuming they charged him a flat fee to get his LCA/E-3

DJQuimby

Hi guys,

Thanks for your reply.

No flat fees where charged It's just that right now this small consultancy employer which sponsored me (job offer, LCA, etc.) is having a hard time placing me with clients.

You guys are right, as this small consultancy is my "ëmployer", regardless whether or not they find clients (that's there problem) I should be paid. Well I think this is like being benched, no client work, no pay from my small consultancy employer. Currently my small consultancy employer is trying to get me interviews with their clients. I think it was also best for me to come over here and try my hand, as I only had 2 client interviews when I was in AUS through my small consultancy employer and that didn't work out. I think US clients prefer that the consultants would be in the US readily for face to face interviews. Thus, I opted to come to the US using the E3 visa and informing the small consulting company in the process that I'm already coming over to land and fix my paper work (social security, drivers license, etc) and they did not have any objections. As far as they're concerned, it saves them money initially (reimburse me later) until I get placed.

As per the advise on the E3 Visa thread, to err on the side of caution, I will ask them to put me in their books initially as an unpaid employee first thing monday. It should be a fair trade for the moment.

Appreciate you're help guys.