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Waiting on application but my current visa has expired. What now?

This is a discussion on Waiting on application but my current visa has expired. What now? within the H-1B Worker Visas forum, part of the IMMIGRATION LAW category; I'm a little confused about my situation and so too is my employer. The company filled out an I-129 (switch ...

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Old Dec 10th, 2007, 09:51 AM   #1
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Confused Waiting on application but my current visa has expired. What now?

I'm a little confused about my situation and so too is my employer. The company filled out an I-129 (switch from J-1 to E-3 visa) but it was returned to us because my employer didn't sign a section on the LCA. We fixed and sent it straight back. Couple days later we received an I-797, Notice of Action, stating they have received the I-129. Since then we have not heard anything and my J-1 just expired this week. We are not sure where that leaves me. Am I still allowed to work/be in the country?

Please help!

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Old Dec 11th, 2007, 07:51 PM   #2
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Default Re: Waiting on application but my current visa has expired. What now?

E-3 Visas -- Frequently Asked Questions
http://canberra.usembassy.gov/consular/visa-e3.html


Q: I am already in the U.S. on a different category of visa and want to change to an E-3 visa. What should I do?

A: Please direct any inquiries to the U.S. Citizenship & Immigration Service (USCIS), as once you are in the U.S. you are responsible for maintaining the correct immigration status with USCIS. Please see their website at www.uscis.gov or contact USCIS’s National Customer Service Center (NCSC) at 1-800-375-5283.


USCIS -- Finding the Status of Your Case
https://egov.uscis.gov/cris/jsps/index.jsp


More information about visas is available by:
Website: Visas main page: http://canberra.usembassy.gov/consular/visas/index.html
Fax: (02) 9373-9184
Email: amvisa@state.gov
Phone: 1800-687-844 or 1902-941-641 (charges apply)


=======================

E-3 Work Visa for Australians

General Information: The E-3 is a new work visa category available only to Australian citizens. The E-3 Treaty Professional Visa is a temporary work visa. It is usually issued for 2 years at the time. United States legislation limits the E-3 visa to citizens of Australia. The primary E-3 work visa applicant must be going to the United States to work in a specialty occupation. The spouse and children of the main E-3 visa applicant need not be Australian citizens. Spouses of E-3 visa holders are entitled to E-3D (dependent) visas and work authorization.

Eligibility Requirements: The term "specialty occupation" means an occupation that requires theoretical and practical application of a body of highly specialized knowledge and attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. The definition is the same as the Immigration and Nationality Act definition of an H-1B specialty occupation.

Additional Information: The annual quota for E-3 visas is 10,500. This a very high quota, by comparison only 900 Australians succeeded in obtaining H-1B work visas in 2004. The H-1B work visa has an annual cap of 65,000. This quota applies to citizens of all countries in the world, while the E-3 Visa is available to Australians only. If you are an Australian citizen, the E-3 visa can be easier to obtain than the H-1B work visa. E-3 work visas are temporary visas, meaning that when the visa expires, the individual has to leave the United States. E-3 work visas are usually issued for 2 years. However, E-3 visas may be renewed indefinitely (in two-year extensions).
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