E3 visa - out of job


peddu23

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Hello attorneys and gurus.

Not sure if I am posting this in the right section. I could not find a section for E3 section.

 

My friend came to USA from Australia on E3 visa and was working full time for a big company.

Just this morning, he was told that it was his last day today.

 The US embassy website says that the gap between jobs should be 10 days or less.

 

From the website:

 

 

 Change of Employment

Your new employer must file a new Labor Condition Application and a new E-3 visa application. The gap between the jobs must be 10 days or less.

Note: Form I-129 is used to apply for an extension of stay or change of employment. 

My questions are the following:

1. Is it enough if the new employer files the new LCA and new E-3 visa application? What about the I-129?

2. Is it like H1 transfer? where it is enough if we get the receipt? Or does it have to be approved and he should start working within 10 days?

 

Please shed some light on this situation.

Really appreciate the help.

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