New E-3 Visa: Change of Employer

Old Aug 22nd 2018, 6:57 pm
  #1  
BE Forum Addict
Thread Starter
 
E3only's Avatar
 
Joined: Jul 2008
Location: East Bay Area
Posts: 2,192
E3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond repute
Default New E-3 Visa: Change of Employer

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.
E3only is offline  
Old Aug 22nd 2018, 8:33 pm
  #2  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,228
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: New E-3 Visa: Change of Employer

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
Noorah101 is offline  
Old Aug 23rd 2018, 11:58 pm
  #3  
BE Forum Addict
Thread Starter
 
E3only's Avatar
 
Joined: Jul 2008
Location: East Bay Area
Posts: 2,192
E3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond repute
Default Re: New E-3 Visa: Change of Employer

Originally Posted by Noorah101 View Post
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
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.
E3only is offline  
Old Aug 24th 2018, 9:41 pm
  #4  
BE Enthusiast
 
Joined: Jun 2017
Posts: 440
shiversaint has a reputation beyond reputeshiversaint has a reputation beyond reputeshiversaint has a reputation beyond reputeshiversaint has a reputation beyond reputeshiversaint has a reputation beyond reputeshiversaint has a reputation beyond reputeshiversaint has a reputation beyond reputeshiversaint has a reputation beyond reputeshiversaint has a reputation beyond reputeshiversaint has a reputation beyond reputeshiversaint has a reputation beyond repute
Default Re: New E-3 Visa: Change of Employer

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.
shiversaint is offline  
Old Aug 25th 2018, 9:32 pm
  #5  
BE Forum Addict
Thread Starter
 
E3only's Avatar
 
Joined: Jul 2008
Location: East Bay Area
Posts: 2,192
E3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond repute
Default Re: New E-3 Visa: Change of Employer

Originally Posted by Noorah101 View Post
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
Originally Posted by shiversaint View Post
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.
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.
E3only is offline  
Old Aug 27th 2018, 8:41 pm
  #6  
BE Enthusiast
 
Joined: Jun 2017
Posts: 440
shiversaint has a reputation beyond reputeshiversaint has a reputation beyond reputeshiversaint has a reputation beyond reputeshiversaint has a reputation beyond reputeshiversaint has a reputation beyond reputeshiversaint has a reputation beyond reputeshiversaint has a reputation beyond reputeshiversaint has a reputation beyond reputeshiversaint has a reputation beyond reputeshiversaint has a reputation beyond reputeshiversaint has a reputation beyond repute
Default Re: New E-3 Visa: Change of Employer

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.
shiversaint is offline  
Old Aug 29th 2018, 11:45 pm
  #7  
BE Forum Addict
Thread Starter
 
E3only's Avatar
 
Joined: Jul 2008
Location: East Bay Area
Posts: 2,192
E3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond repute
Default Re: New E-3 Visa: Change of Employer

Originally Posted by shiversaint View Post
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.
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.
E3only is offline  
Old Sep 5th 2018, 8:41 pm
  #8  
BE Enthusiast
 
Joined: Jun 2017
Posts: 440
shiversaint has a reputation beyond reputeshiversaint has a reputation beyond reputeshiversaint has a reputation beyond reputeshiversaint has a reputation beyond reputeshiversaint has a reputation beyond reputeshiversaint has a reputation beyond reputeshiversaint has a reputation beyond reputeshiversaint has a reputation beyond reputeshiversaint has a reputation beyond reputeshiversaint has a reputation beyond reputeshiversaint has a reputation beyond repute
Default Re: New E-3 Visa: Change of Employer

Originally Posted by E3only View Post
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.
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.
shiversaint is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information -

Copyright © 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.