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E-3 Issue

Submitted by Chief Editor on Oct 2nd 2008
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I am an Australian citizen currently on a B2 that expires in Oct. I lodged I-539 application for extension in Aug and received I-797 receipt Aug 25.
I may have found an employer that will sponsor me on an E3 visa (Australians only). All I need is a letter of offer and a completed Labor Condition Application.
To apply for the E3 visa though, I need to leave the USA and visit a US consulate. I do not have my original I94 any more (I submitted it with my I-539) but I do have a copy of it. Once I get a letter of offer, I will travel to either Toronto Canada or home to Sydney Australia to apply for the visa.

Qo1. Can I still leave the USA without the original I94?

Qo2. In the event my E3 visa is denied, will I be able to re-enter the USA from Canada without the original I94, provided my stay in Canada is less than 30 days? (And how would this work if I take the trip up there after the expiration date of the original I94? Remembering that my B2 extension is pending)

 Ans1. Yes. You should not need an original I-94 to travel out.

Ans2.  You probably cannot reenter using a copy of the I-94. Not only that, your departure from USA renders your pending B application void (considered abandoned).

They way I see it, you have two choices. Wait for B extension before you go for E stamping. Or, go for E stamping bearing in mind the consequences of abandonment and reentry not assured.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

E-3 D issue

Submitted by Guest on Nov 18th 2011.

hi i am Autralian citizen. i have got the E-3 visa and left for USA as i have to start early for my job, my partner suppose to join me later. My wife she is indian citizen and living in australia .we are filling her DS 160 form while filling her nationality as indian the option in drop box of Purpose of trip does not show E-3 category at all,but E1 E1 D E2 E2D. The E3 option only comes when we fill the nationality as Australian.we are wondering which option we should click. can you please guide us in this matter.

E-3 D issue

Submitted by Rajiv S. Khanna on Nov 21st 2011.

Send an email to the consulate. They should be able to guide. This appears to be a glitch in the form.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

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