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Hi, I have obtained an E3 visa & commenced work in the US, I quite my job after 2 wks work and have got a new job.

Santa Monica, CA |

I have obtained an E3 visa & commenced work in the US, I quite my job after 2 wks (employers we awful) so I started searching for a new job. I resigned 2.5 weeks ago today I have been offered a new job which will start in January.
How do I change over my visa to my new employer?
Can I do it within the US or do I have to go outside the US and start the entire process again?
I've heard I should go back to Australia to do the visa, is this true?
Will the US consulate deny me a new E3 because I have stayed longer than the 10 days allowed after leaving my job?
Will they ask me for pay stubs to prove that i finished my job less than 10 days ago?
How long before I start my job am I allowed to enter the US?
I would appreciate as much help as I can get.
Thank you.

Attorney Answers 2

  1. You were out of status when you quit I believe. That means that you probably won't be allowed to change your employer in the US. They would ask for your last pay stubs and if there is a gap they can make you go back. I believe you can enter 10 days before you are set to start. I'd get a lawyer for all of this if I were you.

    My answering this question does not form an attorney-client relationship. Always retain a qualified attorney before taking any action.

  2. Your E3 status ended when you quit you job. Yes, you need to go back to Australia.

    Your employer needs to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise them, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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