E3 visa renewal

[Roopsman]

Hi,

I am on E3 visa, my visa will expire on Oct 16 2018. My I-94 is valid Jan 29 2020. As per my employer's lawyer's suggestion, I can continue to work since my I-94 will not expire until 2020. I have applied for DS-160 in Canada, and the earliest appointment available is Jan 27 2019. 

When I renewed my driver's license, they referred to my visa even though I provided I-94, and it expires Oct 16 2018. I can't even drive to work after next month. 

My children's visa already expired as they have my previous employer's stamp, and their I-94 will expire on Dec 26 2018. 

Also my employer initiated Green Card process, and my 140 is approved. Since I have Australian Citizenship, but my birth country is India, I am in the long waiting for my green card.

I need assistance with the following:

1. Can I continue to work for my employer while I am waiting for visa appointment (Jan 27 2019). or do I have to apply for extension while I am waiting for my appointment?
2. What is the best way to proceed with the driver's license, until my visa is renewed?
3. Can my kids can stay in US until the visa is renewed, or should I (or my lawyer) for extension?

Thank you,

Roopa

 

[pontevecchio]

You have work authorization till 2020. The visa is not relevant to your DL. The I94 is relevant. If the front line genius at the DMV is mistaken, ask for a supervisor.

Ask your company to have the lawyer file extensions for the kids and also ask the company to help with the DL issue.

[Roopsman]

Thank you, pontevecchio

[seek1]

On 9/20/2018 at 2:54 PM, Roopsman said:

Hi,

I am on E3 visa, my visa will expire on Oct 16 2018. My I-94 is valid Jan 29 2020. As per my employer's lawyer's suggestion, I can continue to work since my I-94 will not expire until 2020. I have applied for DS-160 in Canada, and the earliest appointment available is Jan 27 2019. 

When I renewed my driver's license, they referred to my visa even though I provided I-94, and it expires Oct 16 2018. I can't even drive to work after next month. 

My children's visa already expired as they have my previous employer's stamp, and their I-94 will expire on Dec 26 2018. 

Also my employer initiated Green Card process, and my 140 is approved. Since I have Australian Citizenship, but my birth country is India, I am in the long waiting for my green card.

I need assistance with the following:

1. Can I continue to work for my employer while I am waiting for visa appointment (Jan 27 2019). or do I have to apply for extension while I am waiting for my appointment?
2. What is the best way to proceed with the driver's license, until my visa is renewed?
3. Can my kids can stay in US until the visa is renewed, or should I (or my lawyer) for extension?

Thank you,

Roopa

 

Your visa will expire on Oct 16, 2018 which means your work permit will also expire on Oct 16, 2018. You are permitted to stay in the US unitl Jan 29, 2020 which is your I94 validity date. 

You can continue working for your employer after Oct 16, 2018 if they already filed an extension with USCIS. if they did not file an extension with USCIS and if you plan on going for consular processing in Canada then you cannot work until a visa is stamped.

Driver's License always refers to your current work authorization date and not you I94 date.

E3 is not dual intent so i'm not sure how your employer initiated green card process. It's very very risky.

[pontevecchio]

 The visa is an entry foil/document which is a stamp in the passport. The I94 expiry is based on the expiry of the work permit which is based on E3 in this case. NO Extension of any kind is needed. The OP can legally work till 2020. Again the visa has NO connection to the work permit. 

The DL is ALWAYS issued till the I94 date which is also the Petition expiry date.

Edited September 26, 2018 by pontevecchio

[seek1]

10 hours ago, pontevecchio said:

 The visa is an entry foil/document which is a stamp in the passport. The I94 expiry is based on the expiry of the work permit which is based on E3 in this case. NO Extension of any kind is needed. The OP can legally work till 2020. Again the visa has NO connection to the work permit. 

The DL is ALWAYS issued till the I94 date which is also the Petition expiry date.

Your reply is inane..You need to understand the basics of how I94, visa stamp, and work authorization works...not sure if you recently moved to US.

[Roopsman]

Hi, just thought of updating the details, if anyone facing similar problems. When I went to one DOT, they gave my DL based on visa's expiry date. But then I went to different DOT, who updated as per I-94's expiry date. 

I was able to visit Canada with my family for E3 renewal, and all our family member's visas are renewed without any issues. 

As per my employer's lawyer's suggestion, my E3 visa renewal application was not submitted. Even though my visa expired in Oct 2018, I was able to continue to work until my visa renewed in Nov 2018. (As per lawyer, since my I-94 is valid until 2020, hence i can work until 2020 without visa). My LCA approved from Aug 2018 to Aug 2020. My E3 renewal is from Nov 2018 to Nov 2020.

[pontevecchio]

Good for you. Thanks for getting back.

[KK7878]

Hi,

I am in similar boat E3 visa (India born) and my employer's lawyer is saying I have to go to H1B and then start GC process.

But I have heard of few people who have had E3 and got GC and done renewals as well. Can you please confirm that you were able to renew your E3 visa while your GC was in process? Also was your I140 approved when you went for E3 renewal.

Thanks in advance.

[Ujju]

On 9/20/2018 at 11:54 AM, Roopsman said:

Hi,

I am on E3 visa, my visa will expire on Oct 16 2018. My I-94 is valid Jan 29 2020. As per my employer's lawyer's suggestion, I can continue to work since my I-94 will not expire until 2020. I have applied for DS-160 in Canada, and the earliest appointment available is Jan 27 2019. 

When I renewed my driver's license, they referred to my visa even though I provided I-94, and it expires Oct 16 2018. I can't even drive to work after next month. 

My children's visa already expired as they have my previous employer's stamp, and their I-94 will expire on Dec 26 2018. 

Also my employer initiated Green Card process, and my 140 is approved. Since I have Australian Citizenship, but my birth country is India, I am in the long waiting for my green card.

I need assistance with the following:

1. Can I continue to work for my employer while I am waiting for visa appointment (Jan 27 2019). or do I have to apply for extension while I am waiting for my appointment?
2. What is the best way to proceed with the driver's license, until my visa is renewed?
3. Can my kids can stay in US until the visa is renewed, or should I (or my lawyer) for extension?

Thank you,

Roopa

 

Hi Roopa, i am also under same situation. I have to renew my e3 visa but my employer applied for greencard and i have i140 approved. Can you suggest what should we do? Visa interview for E3 renewal is on oct 16th 2019 which is next week. We are worried that the officer might reject our visa because e3 is non dual intent visa. Should we cancel this appointment and ask my employer to revoke my i94 and then apply for e3 visa renewal? Not sure how long it would take for cancellation of i140. Please advise. Thanks

Edited October 12, 2019 by Ujju