E3only

Hi experts,

Facts: I think I know the answer to this but doesn't hurt. Here is the situation. My wife and I are currently on a valid visa (work) that is valid through Nov 2019. I-94's valid through early 2020. We have a planned (air travel) trip to Mexico in December 2018. Her visa is a dependant visa not a separate work visa.
Change: I will go through a change of employer and will travel outside of U.S. in say October 2018.
Assumption: My visa is approved (fingers crossed) in October 2018
Question: Does my wife need to travel with me in October 2018 for the new visa noting that we must make the planned December 2018 Mexico trip?

Thanks in advance.

Noorah101

I believe so, because her dependent visa is tied to yours. So if you're getting a new visa with a new employer, she'd need a new dependent visa as well.

I am not a lawyer.

Rene

E3only

I know for sure that if she stays in the U.S. she is in status even if I change employers by going to Mexico. That bit is clear to me.
What isn't clear is what happens if she stays, I get a change done, and then we travel. Said another way...is her status tied to my e-3 or is it tied to "as long as I have any e-3". The initial feedback from in-house HR was she doesn't need to go but they did pause and say they will discuss with counsel.

shiversaint

Her dependent E-3 is tied to your current visa. If that visa changes, she is supposed to be issued a new dependent visa too. I don't think her status in the US would remain valid if she stayed in the US beyond your original visa becoming invalid, because by extension that invalidates her visa - I think the initial feedback from the in-house HR is wrong.

E3only

That's not what I hear from the immigration attorney at work...and I also consulted another attorney (not in person just online). I will try to talk to the work attorney one more time.
Just so you know, so far what they say is so long as my E-3 status is valid and her E-3D is valid it doesn't matter if her visa label shows my old employer. She would be able to travel in and out of U.S. even if I change employment.

shiversaint

Interesting. Maybe this is something specific to E-3s which is why you have been advised this way. Would be good if you can confirm again for other E-3 holders.

With the E-3, when you change employers, presumably that invalidates your E-3 and you're obligated to leave the country? A bit like an E-2 Essential Employee would be? I realise that E-2s are totally different in premise but the essential employee visa under the E-2 seems to have similar employment restrictions. An E-2 dependent would have to leave the country if the initial E-2 holder's visa is cancelled due to change of employment and switching to another E-2 employer, and the dependent would need to re-apply. This is why I think your dependent would need to re-apply.

Essentially, your E-3 goes invalid when you resign to change employer, right? Then you become valid again during the re-applying with your new employer. So there is a point in time where you are invalid, and therefore she is too.

E3only

The way it was explained to me was her status is tied to mine. As long as my status is valid (even if that is with the new employer) she will be fine.
Now there is some technicality which I am not sure about. My last day is, let's say, today. (I think) I get 10 days to leave the country. I leave the next day, get an appointment the following day, get my passport back in say 5 days.....all that while she is in the U.S. I have always dealt with this as "I don't want to take a chance, she is going with me" just so you know.

shiversaint

You get 10 days to leave the country, yes, but technically you couldn't re-enter on the same visa.

I'd still go with my original advice. I believe she would have to leave within 10 days of her visa's validity expiring, just as you do. The way I understand it is her visa validity is tied to your visa validity. Her old visa could never be valid against a new one, surely?

This is one of the few occasions that I would check in with an immigration attorney to be sure. You can probably get a clear answer to this through a free consultation.