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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.

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Attorney answers 2

Posted

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.

Asker

Posted

My visa still says I have 1 year and 10 months left on it, my visa had not expired, if that's what you mean by "out of status"? How big does the gap need to be for it to be a problem? My last pay stub was only 2.5 weeks ago.

Justin G. Randolph

Justin G. Randolph

Posted

No simply leaving means you're not maintaining status. Different issue. If you applied right now a couple of weeks might not be a big deal. Up to the USCIS though.

Asker

Posted

Would you recommend I contact the USCIS and just tell them my situation in the hope they will lodge that I contacted them, and allow me to reapply for my visa outside of the US, to reduce the risk of sending me back to Aus?

Justin G. Randolph

Justin G. Randolph

Posted

No I don't think that would help at all. They don't operate like that. You can apply for a visa outside the US with no problem. The only issue is if you try here in the US asking to be able to stay rather than leave for the issuance of a new visa. Worst case is that they'll approve the E3 but make you leave for visa stamping.

Justin G. Randolph

Justin G. Randolph

Posted

Well worst case would be an outright denial but as long as your qualified and the position is appropriate that shouldn't happen.

Posted

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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