I’m an Australian Citizen and on E-3 Visa. My Visa expired about a week back and after that I’m not able to work. My wife’s visa is E-3D (E-3 Dependent) but the stamping on the visa is till the end of 2015. Her visa is dependent on my visa. Both of our I-94 are valid till December 2015. We have applied for the extension of the visa and it’s still pending with USCIS and might take another month or so. So the questions are:
My visa was valid until last week, so does that mean my wife’s visa was also valid until last week even thgouh her stamping says that it’s until the end of next year? myself being primary, is my wife’s visa valid only until my visa even though the stamping says it’s valid till the end of 2015.
Since the application is already there with USCIS, should I go to Canada for consular stamping to get the process quicker?
Since my wife does not have Canadian visa and it’s take a month to apply for it, so she can not go with me for the consular processing. If i get the stamping, what will happen to her visa? Is it legal for her to stay on the current visa stamping in US or should she also travel with me to get the new stamping?
I’m currently not able to work so please help me out with the suggestions soon.
E-3D visa expires at same time as E-3 visa - they are linked. However, the date on your I-94 and not on the visa is the exact duration you are authorized to stay in the United States. Visa expiration relates to port of US entry. For example if your visa was till December 2015 and your I-94 expires June 2015, it is the I-94 date which is part of US Dept of State records and not the visa date. Neither you nor your wife are out of status. Also see ([http://travel.state.gov/content/visas/english/general/visa-expiration-date.html](http://travel.state.gov/content/visas/english/general/visa-expiration-date.html)) .
Being a Commonwealth citizen, Canada is a great option (please confirm this once before you leave), and both of you don't need to go together.
All the best
Dr. Sandeep Shankar, Colorado Heights University, Denver, CO 80223, USA. www.chu.edu; sshankar@chu.edu
Thanks a lot for your feedback Dr. Sandeep. So does this mean that with valid LCA and I-94 i can keep continuing the work without applying for the renewal of visa?
That is correct. Visa stamp is for international travel, I-94 dates are for primary purpose and or work where relevant. The officer at port of entry who gave you a valid until Dec 2015 I-94 stamp knew what he was doing. If your employer is upholding the visa date over the I-94 date and asking you not to work, they are in violation of US Labor Law. Please print the data from link above and show it to HR. You can go for stamping soon enough as it is not good to have a feeling that you can’t travel internationally. But do that as convenient.