# E3D and EAD process -- confused



## jas112 (Mar 2, 2016)

Hi there,

My husband is moving to the states and he is in the process of getting an E3. we are looking at my options to continue working as long as possible and hopefully with the same employer.

If you have gone through this process, can you please comment on below
1.Obtain all the documents required for E3 and E3D
2.Book onsite appointments with Sydney or Melbourne US consulate to get E-3 and E-3D 
3. wait for the visa
4. get to US with hubby, obtain I-94 (kids still in australia in school)
5. hubby can start work, I collect all the documents required for EAD and send the application in
6. DO I NEED TO WAIT FOR BIOMETRICS for my EAD? 
how long does it take to get this appoitment request from the EAD application is sent in if you have gone through this?
7. came back to australia, continue working and wait for final EAD
8. move to US with kids

my dilemma is that
1. kids in school here want them to finish the 2nd term and start school in the fall in America, not making sense to start in a new class for less than 2 months then start another new class in the fall
2. chances of work allow me to continue working in the US is a lot higher if there is no extra work for them -- hence the EAD before my physical move -- i can continue working there as soon as after the move
3. really want to stay in America as short as possible as first trip the kids are left behind

Appreciate your comments,
Jas


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## Bellthorpe (Jun 23, 2013)

As far as I can see, (6) is the only question above, and I believe that's been answered fully in your other threads ...

Have I missed something?


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## jas112 (Mar 2, 2016)

Hi Bellthorpe,

I really appreciate your reply -- i am just hoping that there may be different cases of EAD.. as you did mention you also applied for green card -- would that affect the EAD process? is your EAD based on E3D or other visa? 
as a E3D holder, i thought that's not dual intention. my understanding is that for E3 and E3D holders you have to return to your "home" country or continue renewing, can't apply for immigration? if you want to apply for immigration, you have switch to H1?

thanks,
jas


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## Bellthorpe (Jun 23, 2013)

There are different categories of EAD, based on the grounds for application. Yours would be A17, which is "Spouse of an E-1/E-2 treaty trader or investor". Mine is C09P, which is "Pending adjustment of status". The process to obtain one is exactly the same. There are dozens of these codes.

Generally speaking, it can very difficult to get a green card on E-3 visas. But it's not impossible. Your question asked if that would affect the EAD process. No, because if you were applying for a green card, present in the US on E-3D visa and only just arrived, your green card application would not get past first base. And typically you would need to have your employer sponsor the E-3 holder, and it would not, having gone to the trouble of securing the paperwork for the E-3 and realising that with a green card you would not be bound to that employer.

My current EAD is based on change of status to green card, and is temporary.


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## jas112 (Mar 2, 2016)

Thanks, Bellthorpe,

looks like even different lawyers have different thoughts/experiences on this:
For applying for EAD, is biometrics a mandatory procedure? - Avvo.com 

I haven't really looked at options for green card at all -- we didn't plan to move to the US. That's now where life is taking us.. we intend to come back to australia -- that's the plan.


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## JessOz (Jun 8, 2016)

Hi Jas, did you finally figure out if you need biometrics for EAD for E3D spouse. My husband is in the same boat as you- plans to go, apply for EAD and come back in 7-10days, then continue work here till EAD approval comes through. Is that enough time based on your experience? 
Any experience shared will be much appreciated. Thank you


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## Bellthorpe (Jun 23, 2013)

No, that is not enough time. Biometrics will be required, and it typically takes about two months, then another month to issuance of the EAD.


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## jas112 (Mar 2, 2016)

Hi, 
I went there and sent in my application and came back. I haven't heard anything for this matter -- they did acknowledge at the beginning on receiving of my application. it's almost 2 months. I am due to move in less than a month when I will follow up and check where my application is at.. not sure how helpful this is, but at least for the last 2 months no request for biometrics.


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## JessOz (Jun 8, 2016)

That sound good for the time. we are leaving next week and my husband plans to come back in 2 weeks form then. I have been told by a friend who was granted E3 that his wife was not sent with any biometric request. plus I remember at the time of visa interview in melbourne my (E3) and husbands (E3D) finger prints were taken. so that should be more than enough for them to keep a track of individual. So we are kind of relaxed knowing this. 

hope this helps!


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## JessOz (Jun 8, 2016)

I do have another question for you... a silly one though  ... they expect you to mention on EAD form the reason for income-which they expect is obviously not to support your living there as an E3 dependent...but should be something like recreation etc. can you recall any good suggestions?


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## twostep (Apr 3, 2008)

JessOz said:


> That sound good for the time. we are leaving next week and my husband plans to come back in 2 weeks form then. I have been told by a friend who was granted E3 that his wife was not sent with any biometric request. plus I remember at the time of visa interview in melbourne my (E3) and husbands (E3D) finger prints were taken. so that should be more than enough for them to keep a track of individual. So we are kind of relaxed knowing this.
> 
> hope this helps!


Relying on what someone tells you about personal experience can backfire painfully.


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## Bellthorpe (Jun 23, 2013)

jas112 said:


> Hi,
> I went there and sent in my application and came back. I haven't heard anything for this matter -- they did acknowledge at the beginning on receiving of my application. it's almost 2 months. I am due to move in less than a month when I will follow up and check where my application is at.. not sure how helpful this is, but at least for the last 2 months no request for biometrics.


I'd expect you to be advised soon then. Two months is about the typical time. How are you advised of mail sent to your US address?



JessOz said:


> That sound good for the time. we are leaving next week and my husband plans to come back in 2 weeks form then. I have been told by a friend who was granted E3 that his wife was not sent with any biometric request.


You didn't say that your friend's wife was granted an EAD. If she did, she would have had a biometrics appointment.



> plus I remember at the time of visa interview in melbourne my (E3) and husbands (E3D) finger prints were taken. so that should be more than enough for them to keep a track of individual. So we are kind of relaxed knowing this.


It would be dangerous to be 'kind of relaxed' based on an assumption that was formed in your head without any evidence. That's like forgetting your passport and thinking 'well they could just look it up in the computer'. I've had my fingerprints taken for my visas, for my green card, for my EADs, for my Alien Flight Training admission, and of course on every entry into the US. The only time I thought I might but didn't was entering the White House yesterday!

You might have overlooked the reason for taking photos and fingerprints. It's so that they can *verify* your identity, not just to take another copy for their records. When you apply for an EAD, they want to be absolutely certain that the person presenting is the person described on the form. So they will be matching the biometric data with what they already have, from your visa application and from your entry into the country.

Further, when the EAD is issued, it has a photograph and one fingerprint on it, under the lamination. Those will be provided at the biometric interview.

So I'll say it one last time. To get this EAD a biometric interview will be scheduled by the Government and attended by your husband. 



JessOz said:


> they expect you to mention on EAD form the reason for income-which they expect is obviously not to support your living there as an E3 dependent...but should be something like recreation etc. can you recall any good suggestions?


The I-765 does not ask any question of that kind. Where did you get that impression?


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