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> (but you do need to leave the country to apply; you can't adjust status while in the US).

That's actually not true[1]. You can change status to an E-3 from within the US by filing Form I-129.

[1] http://1.usa.gov/boasGi



Only if you don't intend to leave the country at all. Once you cross the border, even if it's a short weekend trip, you would have to apply for a new E-3 visa again.


This.

This can be a big deal. I changed from L1B to L1A to H1B (without leaving the country) then when I wanted to leave the country the legal advice that I received (IANAL - TIJAA[1]) was that to be safe I should return to my home country to get the new visa stamp, the Vancouver embassy might legitimately decide not to apply it - at which point I'd be stuck in Canada needing a plane ticket to the UK in a hurry and have the possibility of a multi-week wait for an appointment at the London embassy...

I waited on my green-card application to get to the point at which I could get an Advanced Parole[2] document and traveled on that instead, but this did mean: a) several years in which I couldn't travel outside the US; b) repeated lectures from border officials that the AP document was for "serious travel" only and that snowboarding trips to Whistler didn't count.

YMMV

[1] This Is Just An Anecdote [2] http://en.wikipedia.org/wiki/Advance_parole


For short trips of 30 days or less, to Canada, Mexico or adjacent islands excluding Cuba, it seems you can re-enter on your expired visa and your new I-94, once your extension of stay has been approved. 22CFR41.112(d)[1]. If it were me I would get a new visa though.

http://www.gpo.gov/fdsys/pkg/CFR-2010-title22-vol1/xml/CFR-2...


I changed jobs this way recently and it took ~6 months to receive a decision from USCIS.

Others have been done much quicker but I would be prepared to wait going this route, and also take USCIS's processing times with a grain of salt.

If the E-3 allowed for premium processing[1], portability[2] or the 240-day rule[3], I would try I-129 again otherwise I think I'll just apply for a new visa outside the US.

1: Pay an extra ~$1200 to hear back from USCIS in ~2 weeks.

2: Permission to start work for a new employer upon filing the I-129.

3: A 240 day grace period during which you may continue to work for your existing employer after your status expires.




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