nani

Looks like E3s and H1B cannot work for the new employer but H1B has a big advantage and that is premium processing. E3 does not have premium processing. Damn! How long is it taking E3s to get change of employer with USCIS these days?

The problem with 10 day rule is that even if you get new employer, it will not work since you cannot get visa appointment in such short time. And, I am not sure if you can file for change of employer with USCIS when you are out of status? Even if you are in status, not sure how long it will take for them to process E3?

If you file E3 within country, can you book an interview date at the consulate if you get one? What will happen to the E3 petition filed with USCIS then and will you be at risk at the consulate of not being given the visa in this case, especially if you have stayed when out of status and filed E3 with USCIS?


No Portability for E-3 Workers:
Although the criteria for qualifying for an E-3 visa resemble the H-1B criteria in many ways, the regulatory provisions permitting portability of H-1B workers upon the filing of a Petition for Nonimmigrant Worker do not apply to E-3 workers. Therefore, a foreign national already present in the United States in H-1B or E-3 status may not begin employment with a petitioning employer until the new employer's E-3 petition has been approved

nani

This is very confusing. Some attorneys say you can work once the receipt notice for change of employer is received.

Others say you have to wait until you get the actual E3 petition approved?!

Does anyone know which is correct? Can you work once change of employer of E3 visa holder is filed and receipt notive received?

Thanks.


Has anybody got E3 visa change of employer in Mexico? Do you think I can get consulate interview date within 10 days either in Mexico or Canada? Which is the best and safest consulate in Canda for E3s? Someone with experience please reply. Thanks.

jobag

Hi,
I've just joined this thread, and must say that the information contained here is brilliant. My E-3 visa expires in June next year, and I thought that I would start the process of extending it soon. My situation is that basically I sit next to my employer, tell him what to type into the forms, and then it gets sent off. I'm having a problem with the 129 form in that I'm not sure exactly which bits to fill in. The instructions are pretty rubbish, as they refer to every other visa apart from the E-3. Does anyone know what the receipt number and approval number is? I noticed that someone had already asked this question but couldn't find an answer. I'm not planning on travelling in June, and thought that sending the form into the Vermont office might be the best option. Does anyone have any information they would mind sharing?
Thanks
Jo

mooksy

Hi all,
Not sure if this is the best place to post (please advise if not).
I have a few work colleagues who are currently on L1 or similar visas and they advised me that as such, they were exempt from paying Social Security (OASDI taxes)? Does anyone know if this is also the case for E3 visaholders?
Also, can anyone advise any good reading material regarding 401K requirements etc?
Thanks

jobag

You definitely have to pay all the taxes including SS taxes.

froberts2

Has anyone applied for a new E3 in Canada recently? Which consulates are still doing next day approval?

I'm about to change employer, and this seem to be the easiest course to take...

ian-mstm

It may be the "easiest course to take", but Canada is not obligated to process your E3. They might... but they don't have to - especially if you have no status in Canada other than "visitor". Good luck to you though... nothing to lose by trying.

Ian

nani

Based on my experiences, I wanted to add the following to this E3 visa thread so that it will act as a warning to others in this tough economy:

E3 is a great visa, especially if you are married because it allows spouse to work on EAD. However, this can also be the biggest drawback of this visa, especially in a tough economy.

If you are laid off on E3 visa or even H1, you become illegal i.e. out of status on the day you are given the termination notice!! Yes, it sounds ridiculous but it is true. You then have 10 days to leave the country or find new employer. In a tough economy this is not easy. You spouse if he/she is working also falls out of status on the same day as you and HAS to stop working on the same day!! If she continues working even for one extra day, you could face dire consequences in the future and problems if you apply for GC later on.

It is now clear that you can apply for GC while on E3 BUT it is only beneficial for those who are NOT born in countries with HUGE backlogs like China, India, Phillipines, etc This is because E3 specifically has a clause saying that you agree to return to home country. So when you go for renewal, it all depends on USCIS or consulate whether they want to give it to you or not if you have pending GC. You take a big risk here if you were born in China, India, etc and apply for GC while on E3. Of course the safest way is to apply for GC while on H1B.

So to all who are considering E3, act with caution. If possible keep spouse on separate visa so that if either one loses job, one can change to dependent and then again go onto to work visa if you find a job.

Leaving the country in 10 days is practically impossible if you have a family. Also, if you stay beyond that time, you risk re-entry ban into US for 3 years if you stay over 180 days and 10 year ban if you stay over 1 year when you lose your job.

augigi

This is consistently written by people with no experience trying to do this and is NOT by any stretch of the imagination, "clear". The requirement for an E3 is NOT to maintain a residence outside the US, but to promise to leave the US when you no longer have legal status. That does NOT rule out applying for PR. USCIS have specifically released their own guidelines for renewals stating that a pending GC application is NOT reason to deny an E3 extension.

I agree it's a good idea to have a backup plan for redundancy.

ian-mstm

I know you mean well, but the consequences for working "even for one extra day" are *NOT* dire.

Ian

ulpul

Hi All

I have read virtually every page of this thread and have an A4 page of notes here so thanks to all who have contributed.

My questions though, I saw some posts from homer4all about his decline in regards to the length of time he had been a citizen and also in regards to already having applied for the H1B.

I am British born but on an Australian passport but can anyone tell me the minimum time between holding the passport and successfully obtaining the E3? Homer4all mentioned 9 months and was declined, is there a minimum cut off as I don't want to waste my time applying if I will be knocked back on that.

Also, several posters have written about applying for jobs here and a couple have made trips over to the US to attend interviews, where are you finding the jobs to apply for, craigslist etc or are there better sites/agencies?

Thanks in advance.

E3only

Can't answer the second question although generally it's networking and a quick trip on interviews that helps.

Re : first question - I do not know of any specific requirement of being a citizen for a certain period. Each case is viewed independantly and it's the circumstances that lead to a decline (this is my take).

I am sure experts will correct me if I am wrong.

Wakkas

i dont know if they change any rules or now are strict.. i became citizen in nov 2005, got my passport in jan 2006... applied for e3 after 2 weeks and got approved.. i am pakistan citizen but became australian citizen.. but my application was strong because my company was big.. i know ppl get rejected when employer is not good or authentic..

but then this was my case

ulpul

Thanks guys ^^

Mine would be about 9 months at the time of application I envisage.

Also, on a similar note, how recently after marriage have people obtained the E3 and E3D? Partner and I have been together many many years so are looking at getting married soon anyway but is there a time frame for that or also on a case by case basis?

Appreciate the responses

augigi

Doesn't matter how long you've been married.