On E3 Visa, just got laid off, options?

[bluedingo 0]

So my most recent job has ended, my last day was last Friday (the 14th) and my former employee informed me he notified USCIS that I was no longer working for him. So when exactly do I have to leave the country? Is it 10 days from today? (the day he notified USCIS?)

[Boiler 43,397]

H1b is usually thought to be 10 days, so should be the same, that is not a specific allowance but just what is considered acceptable.

[bluedingo 0]

H1b is usually thought to be 10 days, so should be the same, that is not a specific allowance but just what is considered acceptable.

The question I have is whether it was from my last working day (which was the 14th) or Today (the day he notified USCIS)

[Boiler 43,397]

Last day

[bluedingo 0]

Last day

If that is the case, what happens if I am still in the US after the 24th? (10 days from my last day)

[Merrytooth 5,748]

It makes sense that your employer will report to USCIS that your last day of work was 14th.

[Boiler 43,397]

Then are not going to come hunting you down if that is what you mean.

[bluedingo 0]

Then are not going to come hunting you down if that is what you mean.

Yes, but at the same time I dont want to hurt my chances of returning back.

[bluedingo 0]

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."

[Boiler 43,397]

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."

That is in bigger words what has been said.

[Mark88 183]

I don't know if this is still accurate, since the post is from 2009, but maybe this helps:

http://visacoach.org/2009/03/04/are-you-on-a-h-1b-visa-or-e-3-visa-and-now-laid-off/

[aussie_jason 195]

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 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.

[bluedingo 0]

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.

Im in Texas, and I work in Digital Media/Audio Visual. The thing is, I have some other employment opportunities lined up it's just that I know I have to leave the country anyway to get another Visa.

[aussie_jason 195]

You should be able to change to a B2 while you sort things out with the new employer and then switch back to an E3 without leaving the country but going that route can take some time as it is processed by USCIS so you may want to switch to B2 and then do the usual consular processing for your E3 with the new employer, that will also have the benefit of getting the visa stamp in your passport so you can continue traveling without having to make a stop at a US consulate before you can get back in the country.

[Boiler 43,397]

Just wondering if he has left it to late to change status as he is out of status.