E3only

Hi all,

Here are the facts

Currently on E-3 Visa
LCA expires around mid May 2012
I-94 expires last week of May 2012

Filed for renewal
LCA expires mid May 2014
All relevant forms sent to USCIS by attorney

Question - I am told, if before the expiry of my I-94 I don't hear back, I get 'automatic' extension of 280 days based on timely filing of the e-3 extension.

I just wanted to confirm
- not that I don't trust the HR here, just wanted to make sure the 280 days extension applies?
- if I do not hear back from USCIS, how do I renew by driving license? It's set to expire the same day as my current I94
- same question on wife's EAD

Thanks,

E3only

Anyone?

E3only

Guys, can anyone please help answer this?

Amanda Goodman

Hi There:

It is my understand that unlike the H-1B, there is no automatic extension of employment authorization when a timely filed application for E-3 status is filed. Furthermore, USCIS currently does not accept applications for Premium Processing for E-3 extensions of stay. It is also my understanding that if the E-3 status expires while the USCIS petition is still pending, the E-3must stop work until the extension has been approved. Perhaps your HR department is handling the extension differently?

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E3only

The Automatic extension is what the attorney informed HR.

Is there specific material that categorically excludes E3 from auto extensions?

I have I94 until end of May so I hope it all works fine !!What is your source

lifehouse51

I also think I read something about E-3 not being eligible for automatic extension in the scenario you described, but I don't have a source. I would suggest you to assume that you're NOT eligible for automatic extension, unless you hear from a reputable source otherwise.

Also, my understanding is that the approved LCA is linked to your E-3 visa, so when the LCA expires, you can't work even if your I-94 expires later

As for Driver's License extension, it'll be a very tricky issue, because without a new I-94 with a longer expiration date, DMV is unlikely to issue you a new one. Considering most of the staff there have limited understanding of immigration laws, showing anything besides a new I-94 won't convince them to renew your DL. In Connecticut, DL is issued with the set expiration date regardless of whether you're a PR/citizen or on non-immigrant visa. Not sure what state you live in, but will it be possible for you to get a DL in a different state instead?