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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10898
Experience:  Write FOR JAMES to get my help!
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My question is about being an Australian on a current E3

Customer Question

Hi,
My question is about being an Australian on a current E3 visa working and living in the US for 18 month. If am let go by my current employer, I would like to know very specifically how long can I stay in the US while trying to find new employment, and what my various options would be? My I-90 passport stamp is until April 2017 and my passport is current beyond 2017.
Submitted: 24 days ago.
Category: Immigration Law
Expert:  Expert James replied 24 days ago.

Hello! Thank you for using Just Answer. I am James, and I will be assisting you. Please give me a few minutes to review your question and prepare a response.

Expert:  Expert James replied 24 days ago.

When you say I-90 passport stamp, do you mean your I-94?

Customer: replied 24 days ago.
Hi James, yes that was my mistake - I can confirm I meant I-94 stamp in my passport.
Expert:  Expert James replied 24 days ago.

OK, thank you.

Kindly remember that I only get credit for doing my job when you give me a positive rating. Please do not forget to do that once we are finished here. Thank you!

QUESTION: If am let go by my current employer, I would like to know very specifically how long can I stay in the US while trying to find new employment, and what my various options would be?

ANSWER: There is no "grace period" once you've lost your job. The day after you are terminated, the day after you fail to maintain status, or the day after the expiration of your I-94 is the first day that you are out of status and unlawfully present in the US.

You cannot stay in the US looking while trying to find new employment. Why? Because once you fall out of status, you have no status from which to change or extend your status (which is technically the terms used for new employment on the same status).

You may have heard of a 10-day "grace period." That does not exist for E-3 status. Immigration authorities generally overlook a "reasonable" amount of time after someone's status ends, to give them time to tie up their affairs and depart the US. Usually, 10 days is that reasonable amount of time. But it is not a "grace period."

QUESTION: What my various options would be?

ANSWER: The only safe way to do this is to apply for a change of status or change of employer before your current employment is terminated. If you do not have any prospects for alternative E-3 employment immediately, and you know you will be terminated soon, you might consider applying for a change of status to B2 visitor status (which can be approved for up to 6 months) and work out your next steps during that time.

If you try to do that after you have already been terminated, there is a high likilihood that your change of statu will be denied, for failure to show that you maintained lawful status in the US throughout your stay.

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Expert:  Expert James replied 24 days ago.

Hi again,

I was notified that you reviewed my response and may require additional assistance. How can I assist you further?