Kevin Keane (see Web site for email)

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sam wrote:

>
>> Quick update for those that are following my application :-) Spouse E3
>> issued today from Sydney Consulate. No issues, no questions, just
>> photo of the photo and the fingerprints. All very easy apart from the
>> 2 hour wait in line!!
>>
>> All the best to those that follow.
>>
>> Colin.
>
> Hi I got my h1b approved. But in my visa interview I got a query
> regarding my sponsoring company, the decision is still in pending. Now I
> want to apply
> for E3 visa. My question is can I apply for e3 while my h1b visa
> decision is in
> pending.

You probably could but would probably end up facing the same issue. Plus,
you would give up your H-1B quota number, and wouldn't be able to change
back to H-1B until October 2006.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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thesonofdad

> Collin,
> Good to know. My spouse is also going to the interview in a week or
> two.
> What do you meen by "photo of the photo"?
> Please let us know after you enter the U.S. as I expect the POE
> officers have never heard of the E-3 visa, and this may cause delays
> in entering.

Good question aviezer, is there anyone actually in the US on an E-3
visa? Was there any problem with POE guys? I'm leaving in two and a
bit weeks for the US on my E-3 visa, so any known experiences would
be helpful!!

thething

> Good question aviezer, is there anyone actually in the US on an E-3
> visa? Was there any problem with POE guys? I'm leaving in two and a
> bit weeks for the US on my E-3 visa, so any known experiences would be
> helpful!!

I've read online about a couple of people getting E3's. There is a
disturbing report at http://travel.state.gov/pdf/fy%202005%20niv%20work-
load%20by%20category.pdf which shows Dept State has approved 4 and
rejected 16 E3's so far this year! If they really intend to reject this
many E3's then Australia got a raw deal.

The other issue with E3 is no 'dual intent'. Some attorneys are saying
E3 is not dual intent, others are saying it is unknown. If you have ever
applied for a green card or labor certification, technically this could
be a problem.

Does anyone know if you can file for concurrent E3's like you can H1?
i.e. hold two E3's for two different jobs?

cafa123

> As you all know the LCA does not mention the worker's name but rather
> the employer's name. As such, you can begin have the new employer
> apply for his LCA. Once it is approved I don't see why you can not
> apply for your E-3.
> Note, however, that the only dffernce would be that in H1B you do not
> have to prove that you do not intend to stay in the U.S. for good.

The Consulate takes a photo of your photo - e.g. a digital copy and that
is embedded into the Visa in your passort.



We had muliple LCAs in the process - one for a L1 visa, one electronic
LCA, one faxed 9035 and one 9035 in the snail mail. We were issued all
of them, so can only assume there is no limit or cross checking for a
particular applicant.

Hope this assists.
Colin.

cafa123

> I've read online about a couple of people getting E3's. There is a
> disturbing report at http://travel.state.gov/pdf/fy%202005%20niv%20wo-
> rkload%20by%20category.pdf which shows Dept State has approved 4 and
> rejected 16 E3's so far this year! If they really intend to reject
> this many E3's then Australia got a raw deal.
>
> The other issue with E3 is no 'dual intent'. Some attorneys are saying
> E3 is not dual intent, others are saying it is unknown. If you have
> ever applied for a green card or labor certification, technically this
> could be a problem.
>
> Does anyone know if you can file for concurrent E3's like you can H1?
> i.e. hold two E3's for two different jobs?

There are a number of E3 visa available - how do you split the Aussie
ones out of the others? Suspect tah tthese figures contain VERY few
Aussie applications. better view is next month's figures?

thething

> There are a number of E3 visa available - how do you split the Aussie
> ones out of the others? Suspect tah tthese figures contain VERY few
> Aussie applications. better view is next month's figures?

No - the E3 visa is exclusively the Australian visa. Don't confuse it
with the EB3.

cafa123

> No - the E3 visa is exclusively the Australian visa. Don't confuse it
> with the EB3.

Well tin tha tcase we got 1 of eack - 1 failure and 1 good :-)

thesonofdad

> No - the E3 visa is exclusively the Australian visa. Don't confuse it
> with the EB3.

I wonder if refused means actually refused i.e. "No you cannot come to
the US on an E-3 visa" or "temporarily" refused as in "give us some more
info and we'll reassess". I say this because on the 18th (when these
figures were gleaned) my application had been temporarily refused
pending the arrival of my LCA, but it was then issued after the 18th.

cafa123

> I wonder if refused means actually refused i.e. "No you cannot come to
> the US on an E-3 visa" or "temporarily" refused as in "give us some
> more info and we'll reassess". I say this because on the 18th (when
> these figures were gleaned) my application had been temporarily
> refused pending the arrival of my LCA, but it was then issued after
> the 18th.

Ours was refused well before the 18th due to a 9035 that did not have
the C prefix.

thesonofdad

> Ours was refused well before the 18th due to a 9035 that did not have
> the C prefix.

Well thats my point...If cafa and I are both in the Refused column, and
we both got our visas after those figures were published then maybe
Australia hasn't got such a "raw deal" as thething suggests.