I am an Australian citizen currently on a B2 that expires in Oct. I lodged I-539 application for extension in Aug and received I-797 receipt Aug 25.
I may have found an employer that will sponsor me on an E3 visa (Australians only).
All I need is a letter of offer and a completed Labor Condition Application.
To apply for the E3 visa though, I need to leave the USA and visit a US consulate. I do not have my original I94 any more (I submitted it with my I-539) but I do have a copy of it.
Once I get a letter of offer, I will travel to either Toronto Canada or home to Sydney Australia to apply for the visa.
Q1: Can I still leave the USA without the original I94?
Q2: In the event my E3 visa is denied, will I be able to re-enter the USA from Canada without the original I94, provided my stay in Canada is less than 30 days? (And how would this work if I take the trip up there after the expiration date of the original I94? Remembering that my B2 extension is pending)
You can see I'm in a catch-22 situation in that I must leave the USA to apply for and collect the E3 visa, yet with no original I94 in my passport, I'm concerned that gaining re-entry into the USA in the event of an E3 denial (but still awaiting an answer on my B2 extension) will be problematic.
Any advice will be much appreciated.
I may have found an employer that will sponsor me on an E3 visa (Australians only).
All I need is a letter of offer and a completed Labor Condition Application.
To apply for the E3 visa though, I need to leave the USA and visit a US consulate. I do not have my original I94 any more (I submitted it with my I-539) but I do have a copy of it.
Once I get a letter of offer, I will travel to either Toronto Canada or home to Sydney Australia to apply for the visa.
Q1: Can I still leave the USA without the original I94?
Q2: In the event my E3 visa is denied, will I be able to re-enter the USA from Canada without the original I94, provided my stay in Canada is less than 30 days? (And how would this work if I take the trip up there after the expiration date of the original I94? Remembering that my B2 extension is pending)
You can see I'm in a catch-22 situation in that I must leave the USA to apply for and collect the E3 visa, yet with no original I94 in my passport, I'm concerned that gaining re-entry into the USA in the event of an E3 denial (but still awaiting an answer on my B2 extension) will be problematic.
Any advice will be much appreciated.
