# E3D visa Work Authorization wait



## Angus Rickard (May 13, 2014)

Hi everyone,

My de facto partner have been working in the USA for five months and would like to stay longer than expected. I am here on a J-1 student visa that DOESN'T require me to return home after it expires (Aug 2014) and she is here on an E3 visa.

We have been in a relationship for 10 years, own property together back home and have joint bank accounts. We intend to marry and then have me apply for an E3D visa so that we may stay together while she continues develop her career with an excellent position only found in NYC.

I realise that I'll need to lodge a Work Authroization form which usually takes around 90 days to process, during which time I am unable to work. My questions are;

1) As I already have a SSN and fingerprint check, could this process be fast tracked in any way so that I don't have to take too much time off work?

2) Do I need to leave the country to obtain my visa? (I assume so).

3) Am I able to head home for two weeks while the Work Authorization form is processing?

Thanks so much for taking the time to read my post. I really appreciate it.

Angus


----------



## twostep (Apr 3, 2008)

I have never heard of old biometrics being applied.
I would contact the US Embassy your future spouse received her E3 to verify which documents you need to provide and if you have to be in AUS or if AoS can be processed in the US.
Yes you can leave while EAD is being processed.


----------



## Angus Rickard (May 13, 2014)

twostep said:


> I have never heard of old biometrics being applied.
> I would contact the US Embassy your future spouse received her E3 to verify which documents you need to provide and if you have to be in AUS or if AoS can be processed in the US.
> Yes you can leave while EAD is being processed.


Thanks twostep.

I am about to email the embassy in Melbourne to see if they can give any advice. I've head that some people are able to get the Work Authorization processed in two weeks where as others have to wait 90 days. I've made an appointment with US Department of Immigration and Citizenship to for two weeks' time and will see if they can give me more detailed answers than those available online.

Does anyone else have experience in this area and wants to chime in?

Thanks again.


----------



## 2fargone (Jun 14, 2011)

This is off topic but you said this: I am here on a J-1 student visa that DOESN'T require me to return home after it expires (Aug 2014)

Doesn't J1 require you to leave 30 days after the end if your studies?


----------



## twostep (Apr 3, 2008)

2fargone said:


> This is off topic but you said this: I am here on a J-1 student visa that DOESN'T require me to return home after it expires (Aug 2014)
> 
> Doesn't J1 require you to leave 30 days after the end if your studies?


30 days after end of studies. What does your I94 and DS2019 say?


----------



## Angus Rickard (May 13, 2014)

twostep said:


> 30 days after end of studies. What does your I94 and DS2019 say?


I finished my degree before applying for the visa so am not required to return home after it expires. The annotation on my visa says;

"Bearer is not subject to section 212(E).
Two year rule does not apply"

I need to leave the country 15 days after my authorization to work finishes as I entered the country 15 days before it began.


----------



## Davis1 (Feb 20, 2009)

Oh dear !! it does not mean that at all ...

it means you don't have the 2 year home rule attached to your visa 
it means you can apply for another visa with out a 2 year wait .. normal non immigrant tules apply though 

http://wings.buffalo.edu/intlservices/pdf_files/residence.pdf


----------



## twostep (Apr 3, 2008)

Angus Rickard said:


> I finished my degree before applying for the visa so am not required to return home after it expires. The annotation on my visa says;
> 
> "Bearer is not subject to section 212(E).
> Two year rule does not apply"
> ...


What does your EAD have to do with your legal status? You do not fall under the so called 2-year rule.
http://www.visalaw.com/IMG/212e.pdf


----------



## Angus Rickard (May 13, 2014)

Sorry guys, I'm a little confused.

I don't have or have found any documents that say I need to leave the country for at least 30 days before returning on another visa. I have read a few experiences online in transferring from a J1 to E3 that don't mention this either.

My main concern is not being able to work for up to 90 days until my EAD is processed. I'm wondering if this may be quicker if there's anyway to start the process now before I receive my E3D. Or, if not, may the process be fast tracked if I am already working for a company and have an SSN.

I called the Department of Immigration and Citizenship as the Aus Consulate couldn't help but I was told I needed to book an appointment. I have one for June 3rd. Perhaps they can help.

What do you think? Thanks again for your help.


----------



## jas112 (Mar 2, 2016)

hi there

my husband is in the process of obtaining the E3 visa and i will be getting the E3D. we just found out for E3D to work, one has to get the EAD which seems to have a long wait time. My current job in australia will likely "move" me to the states if all go well -- it's an US company after all. 

our intention is to let my work know that i have the legal right to work so there isn't much for them to do -- like visa sponsorship etc. so i plan to work from Australia till my EAD is approved then make the final move.

will this work?
1. hubby gets his E3
2. we will go to the US and i get the E3D
3. apply for EAD while in the US and sent in the application
4. i come back to australia and continue working till my EAD is approved
5. move to the US

would above work? i know the separation isn't good, but considering we were going to stay behind and let kids finish another term here isn't too bad.. hubby can look for housing and get the administration stuff done etc..

has anyone had similiar experience? would love to hear from you.. 

is it legal that i leave the US while waiting for the EAD? i can't find anything relates to the biometrics requirement for the EAD.. is it a must step? or "lucky you are picked" step? 

thanks
jas


----------



## Bellthorpe (Jun 23, 2013)

In that case you would miss the biometrics appointment (the details of which will be mailed to you at your US address), and your application will be considered to have been abandoned.

Biometrics are taken for all EAD applicants.


----------



## jas112 (Mar 2, 2016)

Thank you Bellthorpe,

so i should wait for the biometrics to complete.. 

what's the time between sending the application in and getting the biometrics appointment?

Cheers
jas


----------



## Bellthorpe (Jun 23, 2013)

It can vary a bit, typically the entire process is 2-3 months. My last one took 5 weeks. The actual card came 2-3 weeks after the biometrics.

The thing is, you can't predict the time. I assume it depends on the volume of applications at any given time.


----------



## jas112 (Mar 2, 2016)

Thanks Bellthorpe,

I am still confused, do you have an E3D, and to get EAD, you have to do biometrics for it? 
I can't find this requirement for this biometrics for EAD and the immigration lawyer my husband is assigned saying that for this EAD, there is no requirement for biometrics.. he did say for other EAD, there is biometrics requirement..

Cheers
Jasmine


----------



## Bellthorpe (Jun 23, 2013)

For an E-3D, you must have a biometric appointment. Have a look at an EAD. Note that a fingerprint is reproduced on the card, as well as a photograph.

My present EAD is temporary until my green card arrives, and is the same as in that photo apart from the bottom notation, but the process is exactly the same.


----------



## Bellthorpe (Jun 23, 2013)

jas112 said:


> 1. hubby gets his E3
> 2. we will go to the US and i get the E3D
> 3. apply for EAD while in the US and sent in the application
> 4. i come back to australia and continue working till my EAD is approved
> 5. move to the US


Re (2) you would normally apply for the E-3D at the same time as he applies for his E-3. You can go to the consulate as a couple (family).


----------



## jas112 (Mar 2, 2016)

Thanks Bellthorpe,

I am going to either Sydney or Melbourne to obtain this E-3D which requires an interview on site. Did you get your E-3D elsewhere?

I know EAD requires the picture for sure. Thanks for the link for EAD. as it has a figure print they have to have it!

Cheers


----------



## jas112 (Mar 2, 2016)

Bellthorpe said:


> Re (2) you would normally apply for the E-3D at the same time as he applies for his E-3. You can go to the consulate as a couple (family).


Yes, that's the plan.. as i am actually a Canadian -- only PR in Australia, was thinking to get the E3D in the airport. Getting the E3D in Australia before flying out is better/safer idea.

Thanks
jas


----------



## Bellthorpe (Jun 23, 2013)

Huh? Get the E-3D in the airport? 

That is not possible under any circumstances. You have to go to a consulate for an interview.


----------



## Bellthorpe (Jun 23, 2013)

jas112 said:


> I am going to either Sydney or Melbourne to obtain this E-3D which requires an interview on site. Did you get your E-3D elsewhere?



My last E-3 was obtained in Vienna.


----------



## twostep (Apr 3, 2008)

jas112 said:


> Yes, that's the plan.. as i am actually a Canadian -- only PR in Australia, was thinking to get the E3D in the airport. Getting the E3D in Australia before flying out is better/safer idea.
> 
> Thanks
> jas


An Australian airport is not a place of business of USCIS 
E3 Dependents | Canberra, Australia - Embassy of the United States


----------



## kangarooooo (Nov 26, 2015)

Hi Jas,

You can certainly leave the USA while the EAD is taking place. Just applied for my wife as she came via the dependent visa! It's expected to take a few months (3 I believe).

It'll cost a fair bit to apply but its all worth it. I think will work quicker than applying for separate E3 for yourself (plus, more costs as you already paid for it first time via the dependent Visa).

Regards,

Ken


----------

