New E3

Old Apr 24th 2020, 12:45 am
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Default New E3

Hey experts, I will be of course consulting an attorney but wanted to check in before with you guys.
https://www.boundless.com/blog/trump...o-is-affected/

I am on an E-3 visa (+ wife and little one). Things are happening around us, obviously, including COVID-19, the associated impacts to my employer as well as Trump's recent announcement. We are a few months out of our current I-94 expiry and the current employer will start renewal or my E-3 next month. My concern is the stability of the role and the firm, to be honest.

My question is this. Say the current employer starts the extension process and I find a new employer in a couple of weeks:

1. Given Trump's announcement, can a new employer apply for my new E-3 onshore (I know I can not start working until it's approved) or no?

2. If the new employer does apply for my E-3 will I trip any approval issues - in the sense that if both my extension of current employer and application for new E-3 trip overlap, will my current employer find out or would the two applications somehow get attached?

Of course, the easiest would be to travel outside and get anew E-3 but that isn't going to happen since overseas consulates are closed and no one is flying LOL
I am not in a hurry such that I must apply for new E-3 but like I said I don't want to be caught in a situation if things worsen at the current employer.

Thanks in advance.





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Old Apr 24th 2020, 5:49 pm
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Default Re: New E3

Generally, Non-immigrant visas cannot be issued within the US, so I don't believe question 1 is possible (if that's what you mean by your "onshore" wording). Trump's announcement does not currently affect E-3s - it's against greencard/immigrant applications only. There is provision within the Executive Order to review non-immigrant processing in 30 days time. No-one can know for sure what will happen, but given the rhetoric around that EO, I feel there's a good chance that NIVs will be impacted in some way. That's just an opinion, mind you.

As for question 2, there shouldn't be any outward notification to your current employer. People switch visas through employers all the time. You must bear in mind however that you cannot hold two visas of the same type at any one time, so as soon as your new one is issued, your previous one will be voided. I am not totally sure how the E-3 process works, but if you have to go for an interview, and then there is some sort of processing period before your visa is issued, during your interview you will have to persuade the ConOff that you still need the original visa (if you do) whilst you wait for your application to be processed. You will have to manage your job situation in between that.

Also bear in mind that all US visa processing around the world is currently suspended, and I think getting a new visa in a month or two will be a struggle - everyone will be clamouring for appointments at their respective consulates.
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Old Apr 25th 2020, 12:47 am
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Default Re: New E3

Thanks. Let me clarify:

"generally, Non-immigrant visas cannot be issued within the US, so I don't believe question 1 is possible" ->> I meant to say if the new employer files the LCA and then subsequently files I-129 which is approved. There is no in-person interview so any approvals of the I-129 I assume will be communicated via mail.

"people switch visas through employers all the time. You must bear in mind however that you cannot hold two visas of the same type at any one time, so as soon as your new one is issued, your previous one will be voided" ->> That's tricky. How do folks manage that have a 4 week notice period

I agree with the rhetoric being what it is - it's going to crush the NIVs here in the US. The issue for the folks already in the US is they can request extensions but how can one get a new employer if they can't go out of US and return. I am very concerned. I know this is out of my control (what happens next that is) but is indeed unsettling. We have been here for a decade and have done all the right things as NIVs; feels like being pused to the corner.



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Old Apr 27th 2020, 6:01 am
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Default Re: New E3

Right, I'm with you now.

So in principle, what you're talking about can be done, and I believe USCIS should be working in a way that can process what you want to do.

You have a 60 day grace period to find new employment under your E-3. That's how people deal with notice periods. This applies to E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 or TN classifications.

The problem if you transfer within the U.S., is that you don't get permission to re-enter on your old visa - that visa is dead once you leave the company that made the initial LCA and I-129. You effectively have to reapply for the E-3 with your new company once you leave. You end up making 3 applications from old company to new, if you transfer in country. As I say - NIVs cannot be issued for someone in the US. Remember, a visa is merely permission to apply to enter the country. It doesn't give you the right to stay. So in theory, you can extend your status through what USCIS talk about here: https://www.uscis.gov/sites/default/...urces/C1en.pdf

This gives a decent run down of E-3 transfers:

https://lightmanimmigration.com/work...visa-transfer/

I hope all that helps - my knowledge has run out here so if there is something I've missed, someone else will need to step in.
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