On E3 Visa, just got laid off, options?

[aussie_jason 195]

It is a grey area for sure, I would still try to file for a change to B2 online today especially if they already have plans to stay beyond day 10.

[bluedingo 0]

It is a grey area for sure, I would still try to file for a change to B2 online today especially if they already have plans to stay beyond day 10.

I dont really have plans to stay beyond 10, I just want to know If ive shot myself in the foot by staying this long already.

[aussie_jason 195]

There are two important concepts here:

Out of status: After your last day of employment you are out of status

Unlawful presence: Starts to accrue once your employer notifies USCIS effectively canceling your E3 or when your I-94 expires, which ever is sooner. However as is with anything else with USCIS it takes them time to process the notification from your employer so that isn't immediate.

Technically your period of unlawful presence has only just begun, ideally your employer would have been nice about it and held off on that notification and worked with you but maybe the situation didn't allow that luxury. Anyway here is some reading material for you: http://visacoach.org/2009/03/04/are-you-on-a-h-1b-visa-or-e-3-visa-and-now-laid-off/

[ashleyphilly 70]

Last year, my h1b ended. Before it ended, i applied for b2 and got accepted. My lawyer had told me that the grace period for h1b is 2 weeks. If i were you, i would apply for b2 asap. It doesnt matter when you get accepted. What matters is receipt date. From the receipt of your petition, you are protected. Dont wait.

[Boiler 45,486]

His concern is regarding his current illegal presence, not whether they will be depot him but ifi t would be held against him in the future. For example somebody in this sitiuation is no longer eligible for the VWP.

[ashleyphilly 70]

What confuses me, is whats stated here: http://www.jackson-hertogs.com/jh/80542.pdf

"The U.S. Citizenship and Immigration Service (USCIS) has issued memoranda indicating that H-1B status ends when H-1B employment

terminates. That is, there is no grace period in the event of layoff. While USCIS has not explicitly stated that the same rule applies for L-1, E-1,

E-2, E-3, H-1B1, O-1, and TN nonimmigrants, the same logic would presumably apply. There has been confusion concerning a “10-day” rule.

The law provides no 10-day grace period for laid off employees. The “10-day rule” actually refers to an I-94 entry record that is valid for an

additional 10 days beyond the petition period during which an individual may remain in the U.S. to prepare for departure. It is not a period of

work authorization and must be actually noted on the I-94 at the time of admission to apply to any given individual."

I want to make a comment on the pdf file you attached. What that law office is stating over there I think is one of the scary tactics of lawyers. It is stating that it might be very difficult for H1B employee to switch to B2. I had 6.5 years of work experience as H1B in US., and I had no difficult in switching. Not only me, but 2 of my friends, who has around 5 years of work experience as H1B, also successfully adjusted from H1B to B2. I just get tired of reading such information.

[faithful12 28]

On 3/21/2014 at 6:27 PM, aussie_jason said:

I think that is saying CBP may give you an extra 10 days on your last entry after your visa expires on your I-94 so given that then it is thought that it is ok to stay up to 10 days once your work authorization ends (10 days after your last day at work).

You can file I-539 though for a change of status to B2 to either get your affairs in order or find someone else that is willing to get a LCA for you so you can file an E3 with them, where are you located and what field do you work in? There is a pretty strong Aussie expat community here so it might not be as difficult as you think to find another employer but you have to really spring into action so you can remain in or at least close to being in status.

what is E3 visa? 

[TBoneTX 45,287]

Thread from 2014 is now closed to further comment.

Google is your friend.