Frequently Asked Questions - E Visa

Applying for tourist, visitors, B-1, B-2 to maintain status
The Proposed I-140 EAD Rule - FAQ's

Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation? 

Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.

Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.

E-3 for Graduate from UK

If the degree and at least three years of professional experience are in the same field, E-3 should be available.

If the degree and at least three years of professional experience are in the same field, E-3 should be available. - See more at: http://www.immigration.com/comment/14829#comment-14829
LCA for Singapore H-1B1

Yes, you do. E-3 visas for Australia and H-1B1 for Singapore and Chile, all require an LCA.

Yes, you do. E-3 visas for Australia and H-1B1 for Singapore and Chile, all require an LCA. - See more at: http://www.immigration.com/comment/14777#comment-14777
E-3 dual intent

E-3 is not a clear dual intent visa. BUT, govt. tends to lean in the direction that they will permit dual intent as long as you clearly intend to leave if not permitted by law. My suggestion would be to avoid testing the E-3 limits in our current environment.

E3 visa for LPN

As far as I remember, most nurses jobs do not qualify for H-1/E-3 type visas because a US Bachelor's degree is not required for the jobs. If you can find a job where a Bach. degree is the minimum requirement, you can be eligible for E3 or H-1B.

E-3 for performer

E-3 visas are available only for those jobs that demonstrably require a bachelor's degree in the field of work you will be performing. We recently provided assistance in an E-3 visa for a Shakespearean actor and teacher who was coming to teach acting classes in USA. He would probably not have qualified as an artist under E-3 visa, because to be an actor, a bachelor's degree in performing arts is usually not required. But as a teacher, a bachelor's degree was indeed required.

E3 visa

The employer should withdraw your application.

E-3 Visa - Accountant

You do need a job. The company does not have to be a specific size, but it should be large enough to require a professional accountant (not just a book keeper).

E3 to H4

Just go to Canada or Mexico and get your H-4 stamping and come back. That should work.

E-3 Visa

To the best of my knowledge - no. You need an employer.

E-3 visa dual intent - applying for green card

Applying for a green card should not be a problem for you or your wife. I always suggest filing two independent green cards where the option is available. This provides for a safety net if the process fails for one of the spouses.

The Proposed I-140 EAD Rule - FAQ's

Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation? 

Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.

Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.

E-2 visa

Yes, they can. I believe premium processing is available for E visas. If you opt for that, it could take a few weeks.

Current Immigration/Visa Options for Entrepreneurs
The Proposed I-140 EAD Rule - FAQ's

Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation? 

Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.

Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.

Current Immigration/Visa Options for Entrepreneurs
Enter USA while Green Card is Pending on B-1, B-2/H-1 Visa

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?v=baprYGs8IzQ&t=782

FAQ Transcription

E-3 dual intent

E-3 is not a clear dual intent visa. BUT, govt. tends to lean in the direction that they will permit dual intent as long as you clearly intend to leave if not permitted by law. My suggestion would be to avoid testing the E-3 limits in our current environment.

E-2 visa

Yes, they can. I believe premium processing is available for E visas. If you opt for that, it could take a few weeks.

E-3 & Diversity Visa Application

No, I do not believe it would have any affect.

H-1B and E-3

In that case, your 6-year clock begins to run on the date you converted (changed status) to H-1.

E-3 for performer

E-3 visas are available only for those jobs that demonstrably require a bachelor's degree in the field of work you will be performing. We recently provided assistance in an E-3 visa for a Shakespearean actor and teacher who was coming to teach acting classes in USA. He would probably not have qualified as an artist under E-3 visa, because to be an actor, a bachelor's degree in performing arts is usually not required. But as a teacher, a bachelor's degree was indeed required.

E3 visa

The employer should withdraw your application.

E-3 Visa - Accountant

You do need a job. The company does not have to be a specific size, but it should be large enough to require a professional accountant (not just a book keeper).

E3 to H4

Just go to Canada or Mexico and get your H-4 stamping and come back. That should work.

E-3 Visa

To the best of my knowledge - no. You need an employer.

E visa

There are three kind of E visas: E-1, E-2 and E-3. You are probably thinking of E-2. Please read up on them. The primary applicant must be a citizen or national of the country in question. Their family can come as derivative beneficiaries.

Business on E2 has closed. Need help

You can apply for B visa to stay for a few more months. You cannot do business on that visa, but at least you will be able to sell when the time is better. Details are on my blog.

E-3 and TARP

As far as I recall, TARP focuses only on H-1 employees. See my blog article with links to the law: http://forums.immigration.com/blog.php?b=94

May B-1/B-2, E-1, E-2, F-1, H-1, J-1, L-1 O-1 visa or TN holder apply for green card?

One of the questions I am asked quite frequently is whether or not an E-1/E-2 visa holder can apply for a green card and not jeopardize his or her E status. The answer is PROBABLY yes he can.

In the E visa context, this is what the govt says:

Quote:
9 FAM 41.51 N15 INTENT TO DEPART UPON TERMINATION OF STATUS
(TL:VISA-404; 04-29-2002)

Employee's complaint for non-payment of salary-E-3, H-1B and Non H-1B

Your best bet is the local State Workforce Agency for the State where you are employed. If you are not on H-1, this is the way to go. They will recover your salary. And, it does not cost you anything.

Here is the link to the SWA's for non H-1B workers http://www.doleta.gov/regions/reg01b...ources-SWA.cfm

H-1B and E-3 workers, go here:
 

E-3 Issue

 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.