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09-27-2005, 11:15 PM
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#11 (permalink)
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Re: E3 visa - Update visa issued, the 1st?
> StuckinCA wrote:
> >>In all honesty, I doubt that the 10500 will be used up at all,
> >>probably not
> >>even close. I'd be surprised if there had been 10,500 Australians
> >>annually
> >>asking for H-1Bs in the past. Well more than half the H-1B quota
> >>went
> >>to
> >>Indians and Chinese, and the rest was widely distributed throughout
> >>the
> >>world. Probably no more than a few thousand.
> >>Firstly - all H-1B in existance are potential applicants for E3, so
> >>10,500 may or may not go quickly. One in the hand ......
> >>Speaking of which..from my partner, today 28th Sept.... 1st issue of
> >>E3?
> >>In my interview the chap said I had now met all the requirements to
> >>be
> >>issued the E-3 visa BUT, the certified form number syntax is
> >>different
> >>to what they were expecting. As I am the first E-3 visa the
> >>consulate
> >>is issuing, he did not want to issue it incorrectly. I made the
> >>point
> >>that there was no solution here, as the information was correct and
> >>will not change and if resubmitted and recertified will come out
> >>with
> >>a number of similar syntax - presumably, ie nothing more I can do so
> >>the visa should be issued.
> >>He kept my documents and said that the visa should be issued before
> >>Friday and they will give me a phone call when it is done - it is
> >>just
> >>internal administration.
> >
> >
> > I'm a little bit confused, can you help me out here?
> > What is the difference between the LCA form annotated E3- Australia-
> > To
> > Be Processed and the 9035 form? I thought they are the same...
> > My lawyer mailed in the 9035 form that was being used for H1Bs with
> > "E3-
> > Australia-To Be Processed " and we're waiting for that to be
> > approved
> > and sent back. How long did you have to wait to receive your
> > approved
> > LCA or were you able to get your E3 visa issued with some other
> > form?
> > I'm going crazy waiting for it.
>
> I'm just looking into the E3 visa route and obviously you guys are way
> ahead of me. Can someone please tell me how I can get these forms? Who
> do I write to?
>
> StuckInCA, whats your lawyer like? I wonder if i should go through a
> similar route. I'm in LA at the moment.
>
> Brett
Visa cant be appled for form wthin the US right now -you will have to
wait for the internal processes to be released. If you had the 9035
(download from DOL) approved then i guess you could fly into Sydney and
get it processed - an expensive process?
Colin
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09-28-2005, 08:15 AM
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#12 (permalink)
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Re: E3 visa - Update visa issued, the 1st?
> StuckinCA wrote:
> >>In all honesty, I doubt that the 10500 will be used up at all,
> >>probably not
> >>even close. I'd be surprised if there had been 10,500 Australians
> >>annually
> >>asking for H-1Bs in the past. Well more than half the H-1B quota
> >>went
> >>to
> >>Indians and Chinese, and the rest was widely distributed throughout
> >>the
> >>world. Probably no more than a few thousand.
> >>Firstly - all H-1B in existance are potential applicants for E3, so
> >>10,500 may or may not go quickly. One in the hand ......
> >>Speaking of which..from my partner, today 28th Sept.... 1st issue of
> >>E3?
> >>In my interview the chap said I had now met all the requirements to
> >>be
> >>issued the E-3 visa BUT, the certified form number syntax is
> >>different
> >>to what they were expecting. As I am the first E-3 visa the
> >>consulate
> >>is issuing, he did not want to issue it incorrectly. I made the
> >>point
> >>that there was no solution here, as the information was correct and
> >>will not change and if resubmitted and recertified will come out
> >>with
> >>a number of similar syntax - presumably, ie nothing more I can do so
> >>the visa should be issued.
> >>He kept my documents and said that the visa should be issued before
> >>Friday and they will give me a phone call when it is done - it is
> >>just
> >>internal administration.
> >
> >
> > I'm a little bit confused, can you help me out here?
> > What is the difference between the LCA form annotated E3- Australia-
> > To
> > Be Processed and the 9035 form? I thought they are the same...
> > My lawyer mailed in the 9035 form that was being used for H1Bs with
> > "E3-
> > Australia-To Be Processed " and we're waiting for that to be
> > approved
> > and sent back. How long did you have to wait to receive your
> > approved
> > LCA or were you able to get your E3 visa issued with some other
> > form?
> > I'm going crazy waiting for it.
>
> I'm just looking into the E3 visa route and obviously you guys are way
> ahead of me. Can someone please tell me how I can get these forms? Who
> do I write to?
>
> StuckInCA, whats your lawyer like? I wonder if i should go through a
> similar route. I'm in LA at the moment.
>
> Brett
IMHO you don't need a lawyer to apply for the E-3 visa, the process is
simple enough. You can read the instructions on the US consulate's
website to figure out what documents you need, and the 9035 form can be
downloaded off the Department of Labor's website.
The consulate in Toronto is the only one issuing E-3 visas right now.
I'm in Canada myself and will have to fly to Toronto for the interview
once I get the approved LCA back. You have to prove that you have
economic and social ties to your home country, so if you're in the
process to get a greencard you might not be able to get the E-3.
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09-30-2005, 08:15 AM
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#13 (permalink)
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Re: E3 visa - Update visa issued, the 1st?
Kevin Keane (see Web site for email) wrote:
> -----BEGIN PGP SIGNED MESSAGE-----
> Hash: SHA1
>
> cafa123 wrote:
>
>
>>Speaking of which..from my partner, today 28th Sept.... 1st issue of E3?
>>In my interview the chap said I had now met all the requirements to be
>>issued the E-3 visa BUT, the certified form number syntax is different
>>to what they were expecting. As I am the first E-3 visa the consulate
>>is issuing, he did not want to issue it incorrectly. I made the point
>>that there was no solution here, as the information was correct and will
>>not change and if resubmitted and recertified will come out with a
>>number of similar syntax - presumably, ie nothing more I can do so the
>>visa should be issued.
>
>
> Somebody else (Jonathan, I think) posted to this group that there was a
> problem with the left hand not knowing what the right hand is doing. It
> seems that the consulate requires an LCA form that does not actually exist,
> and therefore isn't actually issuing E-3s yet.
>
> More specifically, the electronic form of the 9035 is not acceptable to the
> consulate; it is only good for H-1Bs. It seems that the paper form may
> actually be acceptable.
>
>
According to DOL guidance, the ETA 9035 form must be submitted by mail.
Put "E-3 Australia" on the top of the form to be sure that it is
processed correctly.
The mailing address is:
United States Department of Labor
Employment and Training Administration
Division of Foreign Labor Certification
Temporary Programs
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09-30-2005, 08:15 AM
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#14 (permalink)
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Re: E3 visa
cafa123 wrote:
>>Check this out
>>http://usembassy-australia.state.gov...r/visa-e3.html
>>Thanks
>
>
> E3 Update - applied for E3 visa at US consulate in Sydney yesterday.
> Standard LCA form annotated "E3 - Australia - To Be Processed" is NOT
> acceptable. Please note that many web sites from lawyers in the US
> suggest this is OK, not so. The US consulate will process awaiting the
> new LCA that is being created by US authorities, but will not issue visa
> until the new form is presented. However they will accept a fax copy of
> the LCA as processed in the US. Have fun!
>
> Update - there are two forms of LCA! One is electronic and cant be used,
> the 9035 not being electronic can be used is annotated correctly.
> However right now a new electronic form is in the process of being
> created. So, if you have the 9035 you may have a chance of getting the
> visa, otherwise you need t to file the 9035, or new electronic form (not
> available as of today) and wait for the paper to be processed. I've no
> idea how long these manual forms take, but can assume that very few, id
> any, E3s have been issued right now.
>
> We have a US attorney who filed the paper version 2 weeks ago and no new
> yet. However the US consulate have issued a 'come back with the right
> form - all other paperwork checked and completed', so hopefully we will
> get the E3. I think with all the issues around the LCA the 10500 will
> take many weeks to be used up. the biggest danger is that when the UCSIS
> form are available the Aussies currently in the US will apply in their
> droves causing the limit to be reached quickly. Why would they - well
> the E3 is a far better bet that any other visa.
>
> Cheers
> Colin.
>
See my post elsewhere on the correct mail-in procedures (you should
indeed annotate "E-3 Australia - to be processed" on the form you
submit). This procedure was confirmed by the Department of State on
September 29.
DOS will be issuing guidance to posts on this issue shortly.
__________________
Above intended as general commentary, not specific legal
advice. Your mileage may vary.
================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail:
================================================== =============
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10-02-2005, 12:15 PM
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#15 (permalink)
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Re: E3 visa
> cafa123 wrote:
> >>Check this out
> >>http://usembassy-australia.state.gov...r/visa-e3.html
> >>Thanks
> >
> >
> > E3 Update - applied for E3 visa at US consulate in Sydney yesterday.
> > Standard LCA form annotated "E3 - Australia - To Be Processed" is
> > NOT
> > acceptable. Please note that many web sites from lawyers in the US
> > suggest this is OK, not so. The US consulate will process awaiting
> > the
> > new LCA that is being created by US authorities, but will not issue
> > visa
> > until the new form is presented. However they will accept a fax copy
> > of
> > the LCA as processed in the US. Have fun!
> >
> > Update - there are two forms of LCA! One is electronic and cant be
> > used,
> > the 9035 not being electronic can be used is annotated correctly.
> > However right now a new electronic form is in the process of being
> > created. So, if you have the 9035 you may have a chance of getting
> > the
> > visa, otherwise you need t to file the 9035, or new electronic form
> > (not
> > available as of today) and wait for the paper to be processed. I've
> > no
> > idea how long these manual forms take, but can assume that very few,
> > id
> > any, E3s have been issued right now.
> >
> > We have a US attorney who filed the paper version 2 weeks ago and no
> > new
> > yet. However the US consulate have issued a 'come back with the
> > right
> > form - all other paperwork checked and completed', so hopefully we
> > will
> > get the E3. I think with all the issues around the LCA the 10500
> > will
> > take many weeks to be used up. the biggest danger is that when the
> > UCSIS
> > form are available the Aussies currently in the US will apply in
> > their
> > droves causing the limit to be reached quickly. Why would they -
> > well
> > the E3 is a far better bet that any other visa.
> >
> > Cheers
> > Colin.
> >
>
> See my post elsewhere on the correct mail-in procedures (you should
> indeed annotate "E-3 Australia - to be processed" on the form you
> submit). This procedure was confirmed by the Department of State on
> September 29.
>
> DOS will be issuing guidance to posts on this issue shortly.
>
> --
> Above intended as general commentary, not specific legal
> advice. Your mileage may vary.
>
> ================================================== =============
> Jonathan McNeil Wong Voice: 510-451-0544
> Donahue Gallagher Woods LLP Facsimile: 510-832-1486
> P.O. Box 12979 URL: http://www.donahue.com
> Oakland, CA 94604-2979 E-mail:
> ================================================== =============
Hm... 'issued before Friday' - well Friday has gone and no news.
Public holiday in NSW Monday, so we will see what Tuesday brings...
colin.
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10-05-2005, 05:15 PM
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#16 (permalink)
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Re: E3 visa - Update visa issued, the 1st?
> IMHO you don't need a lawyer to apply for the E-3 visa, the process is
> simple enough. You can read the instructions on the US consulate's
> website to figure out what documents you need, and the 9035 form can
> be downloaded off the Department of Labor's website.
> The consulate in Toronto is the only one issuing E-3 visas right now.
> I'm in Canada myself and will have to fly to Toronto for the interview
> once I get the approved LCA back. You have to prove that you have
> economic and social ties to your home country, so if you're in the
> process to get a greencard you might not be able to get the E-3.
I m in Newyork at the moment on visa waiver and I m planning to go to
Toronto to apply for E3 visa once i get the approaved LCA. Is there any
requirement of minimum number of years of experience to obtain this
visa? I am an fresh postgraduate engineer in IT and i dont have any
experience. Anyone already gone through the interview ...plz tell me abt
the documents required and the questions they ask during interview....
Cheers
Ronnie
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10-07-2005, 01:15 AM
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#17 (permalink)
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Re: E3 visa - Update visa issued, the 1st?
> I m in Newyork at the moment on visa waiver and I m planning to go to
> Toronto to apply for E3 visa once i get the approaved LCA. Is there
> any requirement of minimum number of years of experience to obtain
> this visa? I am an fresh postgraduate engineer in IT and i dont have
> any experience. Anyone already gone through the interview ...plz tell
> me abt the documents required and the questions they ask during
> interview....
>
> Cheers
> Ronnie
Go to http://usembassy-australia.state.gov...r/visa-e3.html
for details. It will be very hard in your position to justify speciality
occupation - wha tdo others think?
To qualify for an E-3 visa, an applicant must demonstrate:
that he or she must have a legitimate offer of employment in the United
States
that the position he or she is coming to fill qualifies as specialty
occupation employment
that he or she is an Australian citizen
that he or she has the necessary academic or other qualifying
credentials
that his or her stay will be temporary
and
if required before the alien may commence employment in the specialty
occupation, that he or she has the necessary license or other official
permission to practice in the specialty occupation.
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10-07-2005, 07:15 PM
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#18 (permalink)
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Re: E3 visa - Update visa issued, the 1st?
> Go to http://usembassy-australia.state.gov...r/visa-e3.html
> for details. It will be very hard in your position to justify
> speciality occupation - wha tdo others think?
>
> To qualify for an E-3 visa, an applicant must demonstrate:
>
> that he or she must have a legitimate offer of employment in the
> United States
> that the position he or she is coming to fill qualifies as specialty
> occupation employment
> that he or she is an Australian citizen
> that he or she has the necessary academic or other qualifying
> credentials
> that his or her stay will be temporary
> and
>
> if required before the alien may commence employment in the specialty
> occupation, that he or she has the necessary license or other official
> permission to practice in the specialty occupation.
Hi
I have already gone through the link http://usembassy-australia.state.gov/consular/visa-
e3.html many times but it does not tell about experience required. Thanx
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10-07-2005, 10:15 PM
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#19 (permalink)
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Re: E3 visa - Update visa issued, the 1st?
ronnie3960 wrote:
>>Go to http://usembassy-australia.state.gov...r/visa-e3.html
>>for details. It will be very hard in your position to justify
>>speciality occupation - wha tdo others think?
>>
>>To qualify for an E-3 visa, an applicant must demonstrate:
>>
>>that he or she must have a legitimate offer of employment in the
>>United States
>>that the position he or she is coming to fill qualifies as specialty
>>occupation employment
>>that he or she is an Australian citizen
>>that he or she has the necessary academic or other qualifying
>>credentials
>>that his or her stay will be temporary
>>and
>>
>>if required before the alien may commence employment in the specialty
>>occupation, that he or she has the necessary license or other official
>>permission to practice in the specialty occupation.
>
>
> Hi
> I have already gone through the link http://usembassy-australia.state.gov/consular/visa-
> e3.html many times but it does not tell about experience required. Thanx
>
IMHO, since you have postgraducate specialty education, I think you
would be OK. However, i'd checkout the detailed requirements of the H1B
visa. I think the "specialty occupation" required for that visa would be
similar if not the same for the E3.
Brett.
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10-07-2005, 11:15 PM
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#20 (permalink)
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Re: E3 visa - Update visa issued, the 1st?
> ronnie3960 wrote:
> >>Go to http://usembassy-australia.state.gov...r/visa-e3.html
> >>for details. It will be very hard in your position to justify
> >>speciality occupation - wha tdo others think?
> >>To qualify for an E-3 visa, an applicant must demonstrate:
> >>that he or she must have a legitimate offer of employment in the
> >>United States
> >>that the position he or she is coming to fill qualifies as specialty
> >>occupation employment
> >>that he or she is an Australian citizen
> >>that he or she has the necessary academic or other qualifying
> >>credentials
> >>that his or her stay will be temporary
> >>and
> >>if required before the alien may commence employment in the
> >>specialty
> >>occupation, that he or she has the necessary license or other
> >>official
> >>permission to practice in the specialty occupation.
> >
> >
> > Hi
> > I have already gone through the link http://usembassy-australia.state.gov/consular/visa-
> > e3.html many times but it does not tell about experience required.
> > Thanx
> >
>
> IMHO, since you have postgraducate specialty education, I think you
> would be OK. However, i'd checkout the detailed requirements of the
> H1B
> visa. I think the "specialty occupation" required for that visa would
> be
> similar if not the same for the E3.
>
> Brett.
Hi
I just checked the list of documents required with US consulate at
toronto.The list is as follows
1. Approaved LCA
2 Job offer letter
3 Legal status in Canada
2. DS 156 and 157 FORMS
3. Application fee US $100
4. Original Educational certificates
5. Proof of ties with Australia which includes house, Family, Car,
business etc
8 One passport size Photograph
When asked specifically if u need recent payslips or job letter from
previous employers, the answer was no.
Cheers
Ronnie
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