| 32. | How long can I stay in the U.S. after I finish my job? |
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You can stay for up to 10 days after you finish your job. |
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| 33. |
Can I travel outside the U.S. while on my E-3 visa? |
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Yes. The E-3 visa is a multiple-entry visa, so provided you have not changed employers, or made any other changes to your E-3 status, you may travel outside the US and reenter on a valid, unexpired E-3 visa. |
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| 34. |
Can I be self-employed under the E-3 visa? |
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No. You cannot be either self-employer or an independent contractor while you are in the US on an E-3 visa. You must have a US employer as your sponsor. |
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| 35. |
What are the benefits of the E-3 visa? |
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The benefits of the E-3 visa include:
- Unlike most other temporary employment visas, your E-3 visa sponsor/employer does not need to submit a petition to the USCIS. This makes the E-3 visa preferable to the H-1B because you do not need a petition approved by the USCIS prior to applying for an E-3 visa stamp at a US consulate.
- The application process for the E-3 visa is relatively easy when compared to the H-1B visa. It is generally assumed that you can obtain your E-3 visa within a week of your interview at the US Consulate.
- You can apply for to change status between H-1B and E-3 visa status.
- There is no limitation on the number of years you remain in E-3 status as long as you can prove that you do not intend to remain in the US permanently.
- Extensions of an E-3 visa will not be counted against the annual E-3 visa cap.
- Spouses of E-3 visa holders can apply for employment authorization and work in the US.
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| 36. |
What are the limitations of E-3 visa? |
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The E-3 visa has certain limitations:
- There are a maximum of 10,500 E-3 visas issued during each fiscal year (October 1st to September 30). However, dependents of E-3 visa holders are not counted against this cap limit. The cap only applies to the principal E-3 visa holder.
- The E-3 visa does not support the doctrine of "dual intent," i.e., you cannot be seeking permanent resident status in the US while you are trying to extend your E-3 visa status.
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| 37. |
Difference between the E-3 and H-1B visa? |
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The major differences between the E-3 and H-1B visa are as follows:
- The spouse of an E-3 visa holder may apply for employment authorization and work while in the US. There are no restrictions on the type of work a spouse can do. H-1B dependents cannot accept employment while they are in H-4 visa status.
- The E-3 visa is renewable indefinitely (in two-year increments) whereas H-1B visa status is valid for only up to six years (unless the H-1B holder begins the green card process within certain time constraints, in which case the H-1B may be extended during the time the green card application is pending).
- E-3 visas are nonimmigrant visas. Accordingly, E-3 visa holders must prove their intent to return to Australia when the E-3 job is finished. However the H-1B visa, which is also a nonimmigrant visa, allows the doctrine of dual intent, i.e., it allows the H-1B visa holder to pursue both permanent resident status and H-1B status at the same time.
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