E3 visa

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Old Oct 21st 2005, 10:15 am
  #61  
Kevin Keane
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Default Re: No greencards for E-3 holders?

Flux wrote:

    >
    >> Just to keep spirits high - I received my E-3 visa this morning (It
    >> looks very nice :)). On the intent to return home - Its an E visa, so
    >> you don't really need to. It is very easy!!!! You'll all be fine!

E visas do have the requirement that you plan to return home eventually.

    > Hi,
    >
    > As far as I know, a H1-B holder may eventually apply for greencards if
    > he/she meets certain criteria after some period of time. Since the E-3
    > is for people to intend to leave the US, does that mean there is no
    > direct route from an E-3 to a greencard?

There is no direct route from ANY non-immigrant classification to a Green
Card, because the two things are independent.

Rather, the reason it is easier with an H-1B is that there is no inherent
contradiction between the requirements for an H-1B and applying for a GC.

    > And if that's true, is it possible to change from an E-3 to a H1-B while
    > keeping the same job?

You can change between almost all non-immigrant categories as long as you
qualify for the new one.

I believe the requirements for both are very similar, so most E-3s should be
able to indeed change to H-1B.

    > And by applying for the DV lottery, would one be japodizing his/her
    > chances of getting an E-3?

Dept. of State issued a memo on this a few years ago. Merely applying for
the DV lottery is not normally supposed to count as evidence of immigration
intent. So no problem here.

--
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
 
Old Oct 21st 2005, 11:48 am
  #62  
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Smile E3 visa Approved

Originally Posted by thesonofdad
Just to keep spirits high - I received my E-3 visa this morning (It looks very nice ). On the intent to return home - Its an E visa, so you don't really need to. It is very easy!!!! You'll all be fine!
I had my 2nd E3 visa interview this morning (this time in my home country). The consular officer was very very nice. The interview was 20-25 minutes with a lot of small talk.
As for the intent to return home, he did not request any documents to prove this intent, he simply said "you are aware that this visa requires you to return home". I then offered to submit documents, but he said he doesn't any, things I have said are enough.
Later in the friendly conversation he said "well soon maybe you'll have another passport" I replied that isn't my intention. So he then said "right answer"
I should be getting my passport back in a few days with the E3 visa.
Good luck to the rest that are on the right track!
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Old Oct 22nd 2005, 6:35 am
  #63  
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Default Re: E3 visa Approved

Originally Posted by aviezer
I had my 2nd E3 visa interview this morning (this time in my home country). The consular officer was very very nice. The interview was 20-25 minutes with a lot of small talk.
As for the intent to return home, he did not request any documents to prove this intent, he simply said "you are aware that this visa requires you to return home". I then offered to submit documents, but he said he doesn't any, things I have said are enough.
Later in the friendly conversation he said "well soon maybe you'll have another passport" I replied that isn't my intention. So he then said "right answer"
I should be getting my passport back in a few days with the E3 visa.
Good luck to the rest that are on the right track!
Hi
Did they ask about the relevant experience or documents to proove the experience?
Thanx
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Old Oct 22nd 2005, 4:32 pm
  #64  
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Default Re: E3 visa Approved

Originally Posted by ronnie3960
Hi
Did they ask about the relevant experience or documents to proove the experience?
Thanx
No, there were no specific questions about relevant experience or request for any documents - relevant experience is not a requirement for the E-3 visa, although, obviously, it can help in establishing you are actually qualified.
However, please note:
1) I did present professional (U.S.) certification and (foreign) university degrees (Bachelors and Masters). 2) Clearly part of my experience came up during the long interview although not in a direct answer to any specific question.
As I mentioned, it was a very friendly interview, where the consul understood the essence of the treaty with Australia which is supposed to bring closer the relationship between the countries.

P.S. When I first arrived at the interview window at officer #1, he said I would have to wait for the expert because he (officer #1) does not know anything about the visa except for the fact that it is a "fancy visa". I immediately understood that I'm it the right embassy this time.
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Old Oct 22nd 2005, 9:29 pm
  #65  
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Default Re: E3 visa Approved

Originally Posted by aviezer
No, there were no specific questions about relevant experience or request for any documents - relevant experience is not a requirement for the E-3 visa, although, obviously, it can help in establishing you are actually qualified.
However, please note:
1) I did present professional (U.S.) certification and (foreign) university degrees (Bachelors and Masters). 2) Clearly part of my experience came up during the long interview although not in a direct answer to any specific question.
As I mentioned, it was a very friendly interview, where the consul understood the essence of the treaty with Australia which is supposed to bring closer the relationship between the countries.

P.S. When I first arrived at the interview window at officer #1, he said I would have to wait for the expert because he (officer #1) does not know anything about the visa except for the fact that it is a "fancy visa". I immediately understood that I'm it the right embassy this time.
Thanx for your information. What are the chances that the E-3 visa would last till second week of march next year. Actually my employer needs someone who can join the project immediately and becuase of delay in LCA I cannt do that. He is offering me to join in april next year instead of now. He want to hire someone who can join the project in couple of weeks.
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Old Oct 22nd 2005, 10:37 pm
  #66  
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Default Re: E3 visa Approved

Originally Posted by ronnie3960
Thanx for your information. What are the chances that the E-3 visa would last till second week of march next year. Actually my employer needs someone who can join the project immediately and becuase of delay in LCA I cannt do that. He is offering me to join in april next year instead of now. He want to hire someone who can join the project in couple of weeks.
Although one cannot be 100% sure about the chances that the E-3 visa would last till march 2006, my guess is that there will still be plenty.
However, I suggest you apply now with the offer you have for the immediat project. Once the visa is approved you can always choose to use it only in April 2006. As it is the same employer you should have no problem. Be sure, however, to have an updated offer with you to show at the POE (since 6 months will have passed they may ask for it).
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Old Oct 23rd 2005, 2:37 am
  #67  
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Default Re: E3 visa Approved

Originally Posted by aviezer
Although one cannot be 100% sure about the chances that the E-3 visa would last till march 2006, my guess is that there will still be plenty.
However, I suggest you apply now with the offer you have for the immediat project. Once the visa is approved you can always choose to use it only in April 2006. As it is the same employer you should have no problem. Be sure, however, to have an updated offer with you to show at the POE (since 6 months will have passed they may ask for it).
Thanx. My employer is gonna give me the offer letter only for the april joining now. If i apply the visa now and provide them the offer letter for april, would it create any trouble? Would they ask me why m i applying so much in advance

ronnie
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Old Oct 23rd 2005, 4:40 am
  #68  
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Default Re: E3 visa Approved

Originally Posted by ronnie3960
Thanx. My employer is gonna give me the offer letter only for the april joining now. If i apply the visa now and provide them the offer letter for april, would it create any trouble? Would they ask me why m i applying so much in advance

ronnie
They may ask why you are applying so much in advance, but I don't see any problem with your reason. Note that H1B's submit a petition to the USCIS as early as 6 months in advance just to secure the visa and not have a quota problem. The same concern would apply here.
Bottom line: Go for it Now!
By the way, you may want to consider just finding another employer.
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Old Oct 23rd 2005, 7:01 am
  #69  
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Default Re: E3 visa Approved

Does anyone know the details of how an E3 is handled if you leave your job or find a new job?

For example, with an H1 if you leave your job or get fired you must leave the US immediately. There is no grace period or anything, which is a major problem for people with houses and families in the US.

Is the E3 the same or can you stay until the 24 months are up?

The fact that the embassies ask for so little documentation (i.e. no payslips from employer) would appear to make it easy to find a new job in a month or two, then just go back to Toronto and apply for a new E3 at your convenience.
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Old Oct 23rd 2005, 7:23 am
  #70  
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Default Re: E3 visa Approved

Originally Posted by thething
Does anyone know the details of how an E3 is handled if you leave your job or find a new job?

For example, with an H1 if you leave your job or get fired you must leave the US immediately. There is no grace period or anything, which is a major problem for people with houses and families in the US.

Is the E3 the same or can you stay until the 24 months are up?

The fact that the embassies ask for so little documentation (i.e. no payslips from employer) would appear to make it easy to find a new job in a month or two, then just go back to Toronto and apply for a new E3 at your convenience.
Regarding staying in the U.S. without a job - don't even think about it you would be out of status.
As for changing employers, I asked the consular officer during my interview this question (he was very friendly see my former posts). I asked "what if some time in the future" and he said so long as I have all the required documents it should not be a problem. As for a month or two, if it an honest transfer they should aprove it in your home country (I'm not sure how Candian posts will react).
Also note, that once the USCIS says how to transfer E-3's you won't have to leave the U.S. for transfers.
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Old Oct 24th 2005, 6:48 am
  #71  
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Default Re: E3 visa Approved

Hello there,

Which Consulate office was your i/v in ?

Also is the application fee per per person per application or it is a one off fee for the whole application. I am the primary applicant and wife and kids are dependents.

The dfat web site says fee is $130.00 but Austrlai Post says $155.00. Which one is correct and how best to pay for it ?

Regards
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Old Oct 24th 2005, 6:48 am
  #72  
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Default Re: E3 visa Approved

Hello there,

Which Consulate office was your i/v in ?

Also is the application fee per per person per application or it is a one off fee for the whole application. I am the primary applicant and wife and kids are dependents.

The dfat web site says fee is $130.00 but Australia Post says $155.00. Which one is correct and how best to pay for it ?

Regards
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Old Oct 24th 2005, 2:36 pm
  #73  
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Default Re: E3 visa Approved

Originally Posted by jbedi
Hello there,

Which Consulate office was your i/v in ?


Also is the application fee per per person per application or it is a one off fee for the whole application. I am the primary applicant and wife and kids are dependents.

The dfat web site says fee is $130.00 but Australia Post says $155.00. Which one is correct and how best to pay for it ?

Regards
It was not in Australia, I've been out for too long.
As for the fee, it is per person, and equals $100USD at all consulates around the world.
It is paid in a local bank or post office, best if you ask one of the other members in this forum that have applied in Sydney or Melbourne.
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Old Oct 24th 2005, 7:16 pm
  #74  
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Default Re: E3 visa certified LCA wait time

[QUOTE=ronnie3960]
Originally Posted by bcsmyth

Guys
My employer filed my LCA 4 weeks ago. Today when they rang DOL about the status, they said it can take another 3 weeks. They said they have instructions from State Department to make average processing time 5 to 6 weeks till end of november (So that they can provide some more explicit instructions to US consulates about E-3 visas).After Nov and following years they will take normal time to process.

Ronnie
Ronnie, I filed my LCA just under 2 weeks ago and just got my lawyer to check with the DOL today regarding your post. He spoke with the manager of the DOL unit that issues the LCA for E-3 cases and was told that the processing time is 7 - 10 days. He said that after 2 weeks if we haven't received the approved LCA, we can call in to complete a status check.

It seems like there is a lot of confusion regarding these visas and I am not sure what info is right. My lawyer will be calling on Friday if I haven't received the LCA by then and I will post the info back here.

Nick
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Old Oct 25th 2005, 3:06 am
  #75  
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Default Re: E3 visa certified LCA wait time

Quick update for those that are following my application :-) Spouse E3 issued today from Sydney Consulate. No issues, no questions, just photo of the photo and the fingerprints. All very easy apart from the 2 hour wait in line!!

All the best to those that follow.

Colin.
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