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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28301
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I am an E3 visa holder expiring 10/25/2013 and an looking to

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I am an E3 visa holder expiring 10/25/2013 and an looking to apply for an extension with the same employer. I work in New York.
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?
2. I believe that I wouold not be able to work between the end of the E3 and the approval of the I-129, correct?
3. I have been told the quicker way is to apply for a new E3 at a consulate, correct?
My employer has applied for an LCA.
My aim is to continue employment with minimal disruption.

Thank you

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, correc
2. 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 alien
within 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) of
this section whose status has expired but who has filed a timely application
for an extension of such stay pursuant to §. 214.2 or 214.6 of this chapter. These aliens are authorized to
continue employment with the same employer for a period not to exceed 240 days
beginning on the date of the expiration of the authorized period of stay. Such
authorization shall be subject to any conditions and limitations noted on the
initial authorization. However, if the district director or service center
director adjudicates the application prior to the expiration of this 240 day
period and denies the application for extension of stay, the employment
authorization under this paragraph shall automatically terminate upon
notification 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,

 

Judith

Customer: replied 3 years ago.

Judith,


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.

 

Judith

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