Travelling after E3 Visa
I am in the process of negotiating with my company to send me to New York on an E-3 visa (Visa for Australians). I know that I can only enter 10 days prior to the start date and must exit within 10 days of the end.
I wish to do a road trip at the end of the contract which will last longer than 10 days. Is it possible to fly up to Canada and exit the USA within the 10 days after my visa expires and then re-enter on a tourist visa? I would be able to show a flight showing I am leaving the US 3 weeks later.
Best Answer
Since Australia participates in the Visa Waiver Program, you should be able to enter the USA as a tourist from Canada.
To be on the safe side, you may want to stay in Canada for a week or so. I would make sure to only enter the USA after the E-3 visa has expired. You may not want to be confronted by an immigration officer wondering why you are entering the USA under the Visa Waiver Program and with an about-to-expire E-3 visa.
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Can E-3 visa enter USA?
In advance of applying for an E3 visa you may travel to the United States to search for a job or attend an interview. However, you cannot apply for the actual visa from within the United States.How can I convert my E-3 visa to green card?
One of the limitations of the E-3 visa is that it does not offer a direct path to US permanent residence or a Green Card. The E-3 visa is temporary and holders are required to leave the country once they no longer meet the visa conditions, such as ending E-3 employment with your sponsor.Does E-3 visa need EAD?
An unexpired Employment Authorization Document (EAD). Spouses of E-3 workers are not required to request employment authorization by filing Form I-765, Application for Employment Authorization, but may still file Form I-765, with fee, in order to obtain an Employment Authorization Document (Form I-766 EAD).How long can you stay on E-3 visa?
With your E-3 visa, you may be admitted initially for a period up to 2 years, and extensions of stay may be granted indefinitely in increments of up to 2 years. E-3 visa status can be renewed on an indefinitely if: You continue to have an employer in the United States and will remain in a specialty occupation.Your Pathway from the E-3 Visa to Permanent Residence
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Answer 2
You may not need to go to Canada. There is an application to "extend or change" nonimmigrant status: http://www.uscis.gov/visit-united-states/change-my-nonimmigrant-status-category/change-my-nonimmigrant-status.
There is a list of visa categories that are ineligible for this; E visas are not listed. See http://www.uscis.gov/sites/default/files/USCIS/Resources/C2en.pdf.
From that document, you can learn that to change into B-2 status, you need to file form I-539. To change into B-2 status, you can file your application electronically: http://www.uscis.gov/uscis-elis.
According to the instructions (http://www.uscis.gov/sites/default/files/files/form/i-539instr.pdf), the filing fee is $290. It might be better to spend the money on a trip to Canada!
Another factor is processing time: "The current processing time for all Form I-539s is 2.5 months." (http://www.uscis.gov/uscis-elis/e-filing-using-uscis-elis)
Answer 3
... must exit within 10 days of the end.
Not so, a common myth, you must exit immediately. At http://www.uscis.gov/tools/ombudsman-liaison/practical-immigration-consequences-foreign-workers-slowing-economy we read:
"Similar to H-1B nonimmigrants, E, L, O and P nonimmigrants are no longer considered to be maintaining valid status as of the day their petitioned for employment has been terminated. The law and regulations do not provide a grace period for E, L, O, and P nonimmigrants whose employment has been terminated, so once the individual is no longer in a lawful nonimmigrant status, he/she usually must depart from the United States."
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