Immigration Law Questions? Ask an Immigration Lawyer.
Hello, my name is Judith. Thank you for this opportunity to answer your questions.
1. If I lodge a I-129, I am told it will take 90 days with no premium processing ie beyond the validity of my E3, correct?
Yes, correc2. I believe that I wouold not be able to work between the end of the E3 and the approval of the I-129, correct?
You can work
Sec. 274a.12 says:(20) A nonimmigrant alienwithin the class of aliens described in paragraphs (b)(2), (b)(5), (b)(8),(b)(9), (b)(10), (b)(11), (b)(12), (b)(13), (b)(14), (b)(16), and (b)(19) ofthis section whose status has expired but who has filed a timely applicationfor an extension of such stay pursuant to §. 214.2 or 214.6 of this chapter. These aliens are authorized tocontinue employment with the same employer for a period not to exceed 240 daysbeginning on the date of the expiration of the authorized period of stay. Suchauthorization shall be subject to any conditions and limitations noted on theinitial authorization. However, if the district director or service centerdirector adjudicates the application prior to the expiration of this 240 dayperiod and denies the application for extension of stay, the employmentauthorization under this paragraph shall automatically terminate uponnotification of the denial decision.
3. I have been told the quicker way is to apply for a new E3 at a consulate, correct?
Yes, it is,
Thank you for your prompt response.
In regard to question 3, the closest consulate would be Toronto, are they able to issue E3's. My original E3 was issued by the US consulate in Hong Kong.
Yes, Toronto is able to issue the E3 but Vancouver is generally more inviting. They have less case load.
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