floating

Another question if you guys do not mind

Do we need provide marriage certification and if we do ... how we can get one please?

Appericate your answer else I have to go through those 100 pages threads to find the answer


Thanks,
Floating

yoj

Hi guys, thanks for all the information being posted, there have been some very useful posts here.

I have a new question that hasn't been raised on this forum -

I have been on the E3 for 1.5 years and have been looking to change employers for a while. I also have had a very low workload and indications have it that I may be getting the sack shortly. If this does happen before I find a new employer - does anyone have any knowledge or experience as to how closely they would monitor the 10 day period allowed to remain in the country? (And how they DO monitor such a circumstance)

For instance, if a company had you on severance pay, or had you officially on the books for a couple of months after being told that your employment was terminated - is the USCIS on top of the actual date your employment ends? I would be thinking to ask the company to perhaps keep me on the books for a couple months INSTEAD of a remuneration severance pay, and it would be considered more like an unpaid vacation, whilst still employed.

Any info or thoughts appreciated!

meauxna

You can use the 'Search this Thread' feature at the top of the page (right side).. it saves a lot of scrolling in long threads like this.

I don't know for a fact, but I suspect if your wife want to apply for a visa based on being your spouse, she is going to have to prove she is your spouse with a marriage certificate.
You can get a certified copy from the government that registered your marriage.

udaibhaskar

Hi ,
How are you.I need information regarding E3 visa in Bhamas.Pls give me mail on removed. I really appreciate your help in this regards,

Thanks,
Udai

floating

Silly me ... I could search by keyword ....

thanks, mate

floating

Do we need provide non-criminal certification as part of E3 VISA application materials ?

austerity

Guys
Do I need to carry multiple sets of documents to the Consulate? Because, the sponsoring company sent three copies of LCA, OFFER Letter, Financial Statements, Company Profile, my credentials etc. So I am wondering whether I need to have three copies of DS156/7 or shall I go ahead with one set? I have searched most of the e3 visa information sites and Vancouver consulate website. But not able to conclude it, so now I am depending on you guys views. Any suggestions would be greatly appreciated.

Cheers
Austerity

augigi

You only need one set. I would keep another for your own files.

austerity

Thanks a bunch, mate!!!!

Cheers
Austerity

catlady_02

Hello everybody, I have a complicated situation here and need some help.

I hold a E-3 since early 2007, I've changed job mid 2007 applied through USCIS and just managed to get a a new E-3 visa in my passport a month ago, at the port of entry the officer gave me two years on my I-94 which will expire around the time with my E-3 visa (early 2010). My LCA submitted originally when I changed my job will expire mid 2009. So my question is......

1) When do I renew my application? Mid 2009 with a full application (i.e. go through USCIS etc etc)... or

2) Do I only need to apply a new LCA electronically? or

3) Since my E-3 visa has the LCA partition number on it... the E-3 visa will expire as soon as the LCA expire? and I need to go through the entire thing again? (i.e. either get a new visa overseas or apply through USCIS)

Thank you very much in advance

ozEcho

Catlady,

I'm no lawyer, but here is what I reckon...

I reckon this needs to be renewed when your E3 visa expires, not based on the LCA.

You'll need a new LCA, which you can get electronically, pretty quickly, and then apply for a whole new E3. They say, you should submit your "renewal" application 4 to 6 months before the time that your visa expires, if going through USCIS.


I reckon the visa will expire, when the visa expires. ie. Once you have the visa, then the LCA expiry doesnt count anymore. Getting a new visa, will require a new LCA.


I'm also about to change job (looking at the moment). What did you do in order to get the E3 transfer done? was it just filing the I129 form?? do you have any dependants on an E3d? If so, what did you do for them?

Thanks,

The_Tron

Hi Everyone,

What a great resource! There is so little information out there on our visa, I was so glad to have found this site a month ago, it really helped. In some sort of repayment, I thought I would share my experiences over the past few weeks in changing employers on the E-3 and also some background on my original visa. Please keep in mind that I am NOT trained in any of this, I speak from my experience and hope it will help you out.

Some background: I originally travelled to the US on the Visa Waiver Program with the intention of looking for work in the mechanical engineering field (in which I hold a double bachelors degree) about two years ago. This is perfectly legal to do:

“Q: Can I travel to the U.S. on the Visa Waiver Program to find a job or attend interviews and then apply for the E-3 visa once I return to Australia?
A: Yes, you can travel on the Visa Waiver Program (VWP) if you meet the requirements (please see our page on the Visa Waiver Program). If you do not meet the VWP requirements, you may be eligible to travel on the B-1/B-2 Combined Visa for Business or Pleasure. You must leave the U.S. before applying for your E-3 visa.”
Source: http://canberra.usembassy.gov/consul...as/niv/e3.html

If you mention your reason for coming to the US was to look for work on the VWP then you can expect a great deal more questions from the customs officer at the US port of entry. It is allowed, but from what I have heard from others, they will question you extensively! In no way am I advocating lying to a customs officer! But keep in mind, seeing New York for the first time is going to see you sailing through customs very quickly with the rest of the backpackers... ;-)

During my stay on the VWP, I managed to have some interviews and then flew back to Australia before I got an offer (on the 89th day of the 90 day VWP no less). I would have had to have flown home (or to England or something) even if I had received an offer during the VWP period as you cannot apply for a visa if your status was VWP:

Q: I have entered the U.S. on the VWP but now find I need to stay longer than the 90 days. Can I transfer to another type of visa without leaving the U.S.?
A: No, you cannot transfer from the VWP to any other type of visa, and you cannot extend the VWP 90 day admission period. You must leave the U.S., Canada, Mexico and adjacent islands within the VWP 90 day admission period, and either apply for a visa relevant to your new situation, or re-enter on the VWP if your next stay will be less than 90 days and you still meet the other requirements. Re-entering on the VWP is however at the discretion of immigration officials at the port of entry, who can deny admission.
Source: http://canberra.usembassy.gov/consul...s/niv/vwp.html

Anyhow, I got an offer a couple of weeks after my return to Australia and then had my E-3 visa application prepared by some American attorneys. It was a very smooth process and the consular officer didn’t ask any tricky questions of me.

Anyhow, after a year in my old job, I started getting the itch for something new and also wanted to move from Virginia up to New York. I managed to find a new job and gave notice at my old one so that the time-off was less than the 10 day window. I then asked my new employer when the visa transfer process would begin and was told that they would take care of that when I got there… Not a good idea! I sprang into action and got the ball rolling before their plans to put me out of status were initiated.

I found the USCIS help line's advise to be rather contradictory or based on assumptions and guesses which was troubling to me. They have told me in several conversations that because the E-3 visa is similar to the H-1B visa in its application, that the same laws will apply. Based on my research I do not believe that this is the case for some important aspects.

For transferring the employer on an H-1B visa, there are two laws that appear to be crucial to accomplishing this in a smooth manner. The first is 'portability'. So far as I understand it, this allows the holders of H-1B visas to lodge the necessary forms to change employers and then begin working at the new employer while the transfer is being approved. I do not believe this applies to E-3 visas. While I have got contradictory advise from the USCIS regarding this, the following two links indicate that portability does not apply to E-3 visas:

http://pubweb.fdbl.com/news1.nsf/7f4...2?OpenDocument
http://www.naftatnlawyer.com/introdu...he-e-3-visa-c/

The second law that makes transferring employers on non-immigrant visas is 'premium processing'. This is an additional fee that allows the application be processed faster than normal. According to the USCIS memo 'Processing Guidelines for E-3 Australian Specialty Occupation Workers and Employment Authorization for E-3 Dependent Spouses':

http://www.uscis.gov/uscis-ext-templ...000ecd190aRCRD

Those applying for a change to or extension of E-3 nonimmigrant status will be eligible for Premium Processing once a notice has been published in the Federal Register that adds this category of nonimmigrant to those eligible for this service.

The two original E-3 visa information links indicate that this is still not available for E-3 visas 'yet', but may be eventually. Also note that when people (very recently) on this forum had applied for premium processing, they had been denied. Finally, according to the below link, E-3 visas are not listed as approved for premium processing:

http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

Based on all of the above, it appears that the only way to transfer employers is through standard processing of the employer transfer forms. When I rang the USCIS about processing times, they told me 3 months was the minimum at Vermont. My lawyers told me it would be 4.

The other method is to apply for a completely new E-3 visa outside of the USA. Most online forum users have gone to Canada briefly to achieve this. I also went down this path.

After getting the attorneys involved, I tried to get a visa interview in a bigger city like Toronto or Montreal, but couldn’t get any spots. The only one with space available was Halfiax, Nova Scotia. I had checked the Halifax web page and it was unclear whether I could apply for an E-3 visa there:

The U.S. Consulate in Halifax only issues first-time employment based ("H", "L", "O", "P", "Q", and "R") visas for residents of our Consular district (Nova Scotia, New Brunswick, Newfoundland and Labrador, Prince Edward Island and St. Pierre et Miquelon).

Employees who are already working in the United States on employer-sponsored H, L, P, Q, R petitions and who have an employment-based visa in their passport can renew that same category of visa at the U.S. Consulate in Halifax.
http://halifax.usconsulate.gov/conte...nt=types_visas

Upon payment of the appointment fee it generated the confirmation letter (attached) that has further information in it regarding this:

Most visa applications at Halifax are for business trips or for personal travel (Visa category "B"). If you are seeking another type of visa, such as for study or work in the U.S., please read the following:

Temporary Workers. ("H", "L", "O", "P", "Q" & "R"). Post issues employment based visas for residents of our consular district and for state-side revalidations only (revalidation: employment based visa existing in current or expired passport and is seeking renewal of that visa). Applicants must present their original Form I-797, a copy of the Labor Condition Application (LCA), an employment letter (indicating nature and duration of employment as well as remuneration), and several recent pay stubs (if already working). They should also bring a complete copy of the I-129 petition with all supporting documents as well as evidence of qualifications for the job (original diplomas and transcripts). Former exchange visitors (J-1 visas) whose programs were subject to the two-year foreign residency requirement will require an original Immigration and Naturalization Service 212(e) waiver approval form. First-time "H1- B" visa applicants who earned their qualifying academic degrees outside the U.S. or Canada are strongly urged to apply in their home countries, as Halifax consular officer(s) are generally unable to evaluate foreign academic credentials.

My attorney contacted the consulate and they confirmed that Halifax does have the ability/authority to issue an E3 visa to a qualified Third Party National. In the end it was a very quick and easy interview. They asked me some questions about my previous stays in the US (once on a study abroad visa and again on my most recent E-3) to ensure I hadn’t gone out of status. They also asked if I had travelled home during my time. I replied that due to vacation allowances I had not been able to but hoped to get back shortly. This was sufficient to satisfy the officer and I was done in a couple of minutes (not including the one hour wait!)

ozEcho

Thanks Tron for the good write-up.

One question, how long did it take to get the visa into your passport? Was it the next day?

thanks,

The_Tron

ozEcho,

Yes, it was one day at Halifax. I had my interview on a Tuesday at 9am and picked it up at the consulate at 3pm on the Wednesday. The website had warned it would be at least 3 days, but this was not the case. I do not know how a Thursday interview would be handled. FYI: Halifax only has bookings for interviews on Tuesday and Thursday.

floating

I read through this thread but I can not find what kind of marriage certification needed for E3D application ?

Thanks in advance!!