Question details
I am an Australian citizen currently on a B2 that expires in Oct. I lodged I-539 application for extension in Aug and received I-797 receipt Aug 25.
I may have found an employer that will sponsor me on an E3 visa (Australians only). All I need is a letter of offer and a completed Labor Condition Application.
To apply for the E3 visa though, I need to leave the USA and visit a US consulate. I do not have my original I94 any more (I submitted it with my I-539) but I do have a copy of it. Once I get a letter of offer, I will travel to either Toronto Canada or home to Sydney Australia to apply for the visa.
Qo1. Can I still leave the USA without the original I94?
Qo2. In the event my E3 visa is denied, will I be able to re-enter the USA from Canada without the original I94, provided my stay in Canada is less than 30 days? (And how would this work if I take the trip up there after the expiration date of the original I94? Remembering that my B2 extension is pending)
Ans1. Yes. You should not need an original I-94 to travel out.
Ans2. You probably cannot reenter using a copy of the I-94. Not only that, your departure from USA renders your pending B application void (considered abandoned).
They way I see it, you have two choices. Wait for B extension before you go for E stamping. Or, go for E stamping bearing in mind the consequences of abandonment and reentry not assured.
I contacted Mr. Khanna in January this year regarding the filing of my Green-Card. I found him very polite, sincere and prompt person. Ms. Diane Lombardo is handling my case. She is very prompt; beyond my imagination. She hardly takes time for her response. Although, it took me some time to collect my all papers, my application was received in May by INS and within eight months I got my I140 approval. I found the other members of Mr. Khanna’s group are also very sincere and polite. I strongly suggest to those looking for an immigration lawyer to contact Mr. Khanna before deciding for the service of an attorney.I contacted Mr. Khanna in January this year regarding the filing of my Green-Card. I found him very polite, sincere and prompt person. Ms. Diane Lombardo is handling my case. She is very prompt; beyond my imagination. She hardly takes time for her response. Although, it took me some time to collect my all papers, my application was received in May by INS and within eight months I got my I140 approval. I found the other members of Mr. Khanna’s group are also very sincere and polite. I strongly suggest to those looking for an immigration lawyer to contact Mr. Khanna before deciding for the service of an attorney.