Can I stop working while I petition for a change from an E-3 visa to a B-2 visa?
I am on an E-3 working visa and I want to leave my job and travel around the US. I understand I can lodge a petition to USCIS with a form I-539, Change of Visa Status. I saw on their website:
Until you receive approval from USCIS, do not assume the status has been approved, and do not change your activity in the United States. For example, if you are currently a nonimmigrant tourist, do not begin attending school as a student until you have received authorization from USCIS to change your status. If you fail to maintain your nonimmigrant status, you may be barred from returning to and/or removed (deported) from the United States. Your authorized status and the date your status expires can be found in the lower right-hand corner of your Form I-94, Arrival-Departure Record.
Would it be risky to quit my job and start travelling before receiving approval for a change of status from USCIS?
Thank you!
Best Answer
"Do not change your activity" means "do not start doing anything that is forbidden under your current status." Tourism is, however, allowed in E-3 status. Furthermore, there are some statuses where maintenance of the status depends on staying employed, but at the end of the employment there is a grace period within which one must leave the country or file an application to change status. As long as the application is filed before the end of the grace period, it is not necessary to leave the country, and as long as one can be in the country, one can travel.
So yes, you can stop working.
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Can I change employers once I am in the US and stay on the E-3 visa?
You do not need to have another interview or make a new visa application to change employers while you are in the U.S. on an E-3 visa. However, you must complete a transfer process through the U.S. Citizenship & Immigration Service (USCIS) in the U.S.Can you change the type of visa status while in US?
If you want to change your status while in the United States, you (or in some cases your employer) must file a request with the U.S. Citizenship and Immigration Services (USCIS) on the appropriate form before your authorized stay expires.How long does a change of visa status take?
Currently, USCIS takes approximately 10-12 months to process an application for change or extension of status, Form I-539. If a person enters on a B1/B2 visitor visa, generally the person is given 6 months of time or \u201cstatus\u201d to be in the US after successfully completing inspection.Can I transfer my E-3 visa?
You can transfer your E-3 Visa from one employer to another. There is no limit on the number of E-3 transfer applications that can be filed. You can either transfer your E-3 to a new employer by submitting an petition in the United States or you can apply for the E-3 at a United States Consulate abroad.How can I change my Tourist Visa Status : USA Immigration Lawyer 🇺🇸
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