E3 visa

Old Nov 19th 2005, 5:16 pm
  #151  
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Default E3-d

There is an E form I-765 at
https://efiling.uscis.dhs.gov/efile/
but I'm not sure if we can use it yet since they have not updated the e-form for the E-3 visa.
If you use the mail you would mail your application to the appropriate Service Center based on the state or territory in which you live. It is all explained on the I-765 form.
As a dependant, it is my understanding that your status is dependant on your spouse. So if she never arrived, she never had a status and thus you don't either (or false status). In any case I would not risk trying to do such a thing, you find yourself in the future banned from entry, and the DHS probably won't approve your I-765 anyway.
As or your 3rd point, pardden me for saying this but, I'm afraid you don't really understand what this visa is all about. She as the principal E-3 MUST BE EMPLOYED if she isn't she would be out of status and you as the dependant would automatically be out of status too. You would both have to leave right away. Changing employers however is OK as long as the new employer has an approved LCA for E-3's (I actually asked this at the consulate).







Originally Posted by cafa123
Hm.. E-3D - you will have to apply for a work visa - does anyone know what the story is with this application? I undersatnd tha ti have to be in the country to apply - but do I need to go to an office, or can I apply on-line or by phone. After applying is it sent in the post or do you have to go back again. Would really like to know when someone applies for the work visa.


2nd point. On an E3D can I enter the US, apply for a work visa and get a job beofre my wife travels to the US?


3rd point. If my wife restricted t oworking for the sponser company - can she go and get a job with another employer? Can she just not work and we live on my earnings. Any views?
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Old Nov 19th 2005, 8:09 pm
  #152  
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Default Re: E3-d

Originally Posted by aviezer
There is an E form I-765 at
https://efiling.uscis.dhs.gov/efile/
but I'm not sure if we can use it yet since they have not updated the e-form for the E-3 visa.
If you use the mail you would mail your application to the appropriate Service Center based on the state or territory in which you live. It is all explained on the I-765 form.
As a dependant, it is my understanding that your status is dependant on your spouse. So if she never arrived, she never had a status and thus you don't either (or false status). In any case I would not risk trying to do such a thing, you find yourself in the future banned from entry, and the DHS probably won't approve your I-765 anyway.
As or your 3rd point, pardden me for saying this but, I'm afraid you don't really understand what this visa is all about. She as the principal E-3 MUST BE EMPLOYED if she isn't she would be out of status and you as the dependant would automatically be out of status too. You would both have to leave right away. Changing employers however is OK as long as the new employer has an approved LCA for E-3's (I actually asked this at the consulate).
Looks as if I need the I-94 first before I can apply for I-765 - this is the Emtry / deaprture certificate. Assume the exisitng E3 chaps have been isued the I-94 on arrival??? Can someone confirm please.

On the point re wife not working. I was looking forward - if she lost her job after say 6 months, would that automatically mean we have to leave the country immediatly - how long does she get to find another job with an employer who will go the LCA route.

Cheers
Colin.
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Old Nov 19th 2005, 9:14 pm
  #153  
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Default Re: E3-d

Yes, you do need the I-94 first before you can apply for I-765 and yes as an exisitng E3 I can confirm that I have been issued the I-94 on arrival.
As for the wife losing her job, as unfair as this may be, that indeed would automatically mean that you both have to leave the country immediatly. By the way this would also be the case if an E-3D divorces or if the principal E-3 dies, in all cases the E3-D would have to leave the country immediatly.
Bottom line take better care of your wifes health, happyness and Job than of your own, because with out her you're out of there.



Originally Posted by cafa123
Looks as if I need the I-94 first before I can apply for I-765 - this is the Emtry / deaprture certificate. Assume the exisitng E3 chaps have been isued the I-94 on arrival??? Can someone confirm please.

On the point re wife not working. I was looking forward - if she lost her job after say 6 months, would that automatically mean we have to leave the country immediatly - how long does she get to find another job with an employer who will go the LCA route.

Cheers
Colin.
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Old Nov 20th 2005, 12:50 am
  #154  
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Default Re: E3-d

Originally Posted by aviezer
Yes, you do need the I-94 first before you can apply for I-765 and yes as an exisitng E3 I can confirm that I have been issued the I-94 on arrival.
As for the wife losing her job, as unfair as this may be, that indeed would automatically mean that you both have to leave the country immediatly. By the way this would also be the case if an E-3D divorces or if the principal E-3 dies, in all cases the E3-D would have to leave the country immediatly.
Bottom line take better care of your wifes health, happyness and Job than of your own, because with out her you're out of there.
Wife agrees :-) on all 3 aspects of her care and attention.

Assume from the above that you have appled for a dependant work permit on the I-765? Did you use the E1/E2 dependant option. Has a work permit been issued?

Cheers
Colin.
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Old Nov 20th 2005, 1:24 am
  #155  
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Default ETA-9035 E-3 goes official

Found this by chance. My employer and I are just starting the process. He completed the old form and was about to hand write "E-3 Australia - to be processed" when I found this so he got to start all over again. This is still not an online submission form, but can be completed using Abobe and then printed.

http://www.doleta.gov/performance/Gu...2008-04-05.pdf
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Old Nov 20th 2005, 6:28 am
  #156  
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Default Re: E3-d

You assume wrong. I am the E-3 principal and my wife is the E3-D. So the answer to all your questions is "not yet".

Originally Posted by cafa123
Wife agrees :-) on all 3 aspects of her care and attention.

Assume from the above that you have appled for a dependant work permit on the I-765? Did you use the E1/E2 dependant option. Has a work permit been issued?

Cheers
Colin.
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Old Nov 20th 2005, 10:53 am
  #157  
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Default E-3 LCA form from SJJCAT

SJJCAT don't use that form as that is the form my employer sent and got rang that it was incorrect.

At the top of that form there is no expiration date and hence it is a draft form which is not acceptable by DOL.

Stick to the original hand annotation and ETA 9035.
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Old Nov 20th 2005, 12:31 pm
  #158  
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Default Re: E-3 LCA form from SJJCAT

Originally Posted by jbedi
SJJCAT don't use that form as that is the form my employer sent and got rang that it was incorrect.

At the top of that form there is no expiration date and hence it is a draft form which is not acceptable by DOL.

Stick to the original hand annotation and ETA 9035.
Thanks jbedi - I will let my employer know.
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Old Nov 21st 2005, 3:24 pm
  #159  
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Default Re: E3-d

Originally Posted by aviezer
As for the wife losing her job, as unfair as this may be, that indeed would automatically mean that you both have to leave the country immediatly. By the way this would also be the case if an E-3D divorces or if the principal E-3 dies, in all cases the E3-D would have to leave the country immediatly.
Bottom line take better care of your wifes health, happyness and Job than of your own, because with out her you're out of there.
A lot of H1 visa holders file a part-time visa concurrently to their fulltime. E.g. let's say you find a consulting gig for one day a month with a friendly company. It may even be a company where you are friendly with the owners or perhaps you have invested in it. File for a suitable concurrent H1 visa at an hourly rate under a general management position. This protects you against having to leave suddenly with the loss of a job as well as giving you a conduit for extra income if any opportunities arise.

The E3 is technically the same as an H1 in this respect AFAIK.

Re a divorce, you would have plenty of time to file for a new visa assuming you are qualified.

And as for a death of spouse, the estate tax is the indignity I'd be most worried about after losing a spouse.
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Old Nov 23rd 2005, 2:50 am
  #160  
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Default Re: E3 visa Approved

Hi all,

I'm got all my E3 paperwork and have the consular interview next week in Auckland, NZ. I've been living here for the last 2 yrs so thought it would be easier to apply through Auckland rather than fly to Sydney and then back again.

I know that each consular will ask different questions but the question I have is will the consular officers ask for a flight itinerary / hotel bookings as well ?? I want to fly out early January as my new employer is keen to have me in the states as soon as possible but for the interview process, do I need to already have purchased flights / hotel bookings ????

Thanks
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Old Nov 23rd 2005, 3:37 am
  #161  
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Default Re: E3 visa Approved

No one will ask you that question. Matter of fact if you have the right paper work just expect small talk behind glass window for 5 mins...Finger prints and then if you have had a previus H1B or something may be a bit more.

No need to stress out about non intent of staying and all that stuff. For us it was lugging extra paper work only.

has youa ttorney or employer written a letter for the Adjudicator. I foudn it really helped for us as everything about them , me and the job was in it.

Also got asked about the degree and the formal evalaution from the US to prove it was equivalent.
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Old Nov 23rd 2005, 4:20 am
  #162  
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Default Re: E3 Visa is here

Originally Posted by jbedi
Hello All,

Recieved the p/p in mail today...Spouse and kids with E-3D and me with E-3...

Now starts the hard work to pack and sell everything...

Colin and others what are you guys doing...Sell up home in OZ, appliances or you hanging on to them for first 2 years and see how it goes..

I would be interested in other people's strategy about the impending move.
Hi,

I understand that US consulate in Sydney does not longer issue the visa on the day of the interview. Can i ask you how long it takes to get your passport (with the visa stamped) returned to your nominated address? Your help is much appreciated
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Old Nov 23rd 2005, 4:21 am
  #163  
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Default Re: E3 visa issued in Vancouver

Originally Posted by StuckinCA
You present the documents to the consular officer when you do the interview. Remember to bring the originals, photos and $100 USD cash.
Thanks! just one last question, how long it took you to get your visa stamped on your passport? does the visa get issued on the same of the interview? your advice is much appreciated!
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Old Nov 23rd 2005, 4:22 am
  #164  
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Default Re: E3 visa Approved

You do not need to have purchased flights / hotel bookings as this is not one of the visa requirements.
He might ask when you plan to move and then just say you haven't finilized your travel plans yet, but it will be some time early January. This in any case does not commit you and if you decide to fly a month earlier or later no one would care or ever ask you about it.


Originally Posted by CK78
Hi all,

I'm got all my E3 paperwork and have the consular interview next week in Auckland, NZ. I've been living here for the last 2 yrs so thought it would be easier to apply through Auckland rather than fly to Sydney and then back again.

I know that each consular will ask different questions but the question I have is will the consular officers ask for a flight itinerary / hotel bookings as well ?? I want to fly out early January as my new employer is keen to have me in the states as soon as possible but for the interview process, do I need to already have purchased flights / hotel bookings ????

Thanks
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Old Nov 23rd 2005, 5:32 am
  #165  
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Default Re: E3 Visa is here

Issued from Melb after 24 hrs...P/p in mail on thurs...I/v on Tues
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