E-3 to H-1B and travel to India

knowDOL

Registered Users (C)
One of my friend's employer who filed E-3 for my friend, also filed H-1B and H-1B approved in August 2008 with validity from Oct 1st 2008. The employer yet to apply for Change of status for his family from E-3D to H-4. His family is still using E-3 dependent visa and his wife is still workiing. They are Indian origin Australian Citizens.

Now,

1. His company told that they are finding it hard to find project and he is looking for new job but still employed and paid.

2. He planned to visit India in November 2008.

He has question about his and his family visa status today and what visa (I-94) should they show to immigration people when leaving US and what visa should they get when they come back. They prefer not to lose H-1B status for him but would like to have E-3D for his wife so she can work. But he does not mind coming back on E-3 if it keeps his wife's job. The question he had was, In case he comes back on E-3, will he lost his H-1B and his company or some othe sponsor has to re-file his H-1B. Please reply if you know any infor about E-3 and H-1B visa.
 
The wife will be not eligible to work on H4 visa.You cannot maintain 2 visa simultaneously and if your H1B is approved with full time work status.I dont think you are still carrying a valid E-3 visa which makes your wife and all E-3D holders out of status.You and your family must seek professional advise immediately.
 
Last edited by a moderator:
hi all,

Has anyone attended E3 visa interview in Hyderabad or even in India.I'm looking forward to book an interview at the Hyderabad consulate.just want to know whether the visa interview is tough in India or is it better for me to attend the interview in Australia?I would very much appreciate if someone could share with me their experience if they attended the interview for E3 visa in India.
 
Top