mikeshutter
New Member
Seeking help from the forum.
My Wife and I are both Australians. I have been on an L1A Visa for the last 5 years. I recently was made redundant from my job. My wife was working on her L2+EAD. As my visa was going to be cancelled when I finished employment, immediately we arranged for my wife to change to an E3 visa. She returned to Australia and got her Visa then then re-entered the US.
Now, I was not able to travel with her because I had to complete my employment, look after the children and arrange a new job (and the necessary things to get me an E3). As soon as she was back, I departed the US which was 4 days after my final employment date. (So I was out of status for 4 days).
I was told that this would not be a problem. How wrong I was.
I went to the US consulate in Sydney for my E3 Visa interview and they rejected my Visa because I had been out of status for 4 days. My attorney tried then to change this to an E3D (dependant of my wife's E3) but this was also rejected for the same reason. I was told by the consular officer that because I was out of status when I left the US then I will be banned from re-entering (I think it was 3 years).
I am now at a loss what I can do. My wife - who is 7 months pregnant is in the US with my two other children and I am unable to join her. My attorney says there is nothing more I can do and I should instead get them back Australia. I just cannot understand why being out of status for 4 days has such an impact. There is no way someone can get out of the US the same day their employment terminates.
Seeking help and advice ! Please !
My Wife and I are both Australians. I have been on an L1A Visa for the last 5 years. I recently was made redundant from my job. My wife was working on her L2+EAD. As my visa was going to be cancelled when I finished employment, immediately we arranged for my wife to change to an E3 visa. She returned to Australia and got her Visa then then re-entered the US.
Now, I was not able to travel with her because I had to complete my employment, look after the children and arrange a new job (and the necessary things to get me an E3). As soon as she was back, I departed the US which was 4 days after my final employment date. (So I was out of status for 4 days).
I was told that this would not be a problem. How wrong I was.
I went to the US consulate in Sydney for my E3 Visa interview and they rejected my Visa because I had been out of status for 4 days. My attorney tried then to change this to an E3D (dependant of my wife's E3) but this was also rejected for the same reason. I was told by the consular officer that because I was out of status when I left the US then I will be banned from re-entering (I think it was 3 years).
I am now at a loss what I can do. My wife - who is 7 months pregnant is in the US with my two other children and I am unable to join her. My attorney says there is nothing more I can do and I should instead get them back Australia. I just cannot understand why being out of status for 4 days has such an impact. There is no way someone can get out of the US the same day their employment terminates.
Seeking help and advice ! Please !