Q: Options for maintaining legal status after losing job on E3 visa in US?
I am an Australian citizen currently on an E3 visa in the U.S., and my spouse, who is an Indian passport holder, is on an H1B visa valid until 2026. I recently lost my job and have 45 days left in the 60-day grace period to find new employment and file a work petition. Given the current job market, I'm finding it challenging to secure a position. What are my options for maintaining my legal status? Can I apply for an H4 visa through my spouse's employer, and if so, could I later transfer back to an E3 once I find a job? Alternatively, should I consider applying for a B1 or B2 visa? Lastly, I wonder if traveling to Mexico or Canada and filing for an ETA to re-enter the U.S. is a viable strategy. Your guidance would be greatly appreciated.
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A:
Given your situation, applying for an H4 dependent visa through your spouse's H1B status is likely your best immediate option. You can initiate this change of status within the U.S. before your 60-day grace period ends, which would allow you to remain legally without leaving the country. Later, if you secure employment again, you can switch back to E3 status by filing a new petition or by attending a visa interview at a U.S. consulate abroad.
Applying for a B1 or B2 visitor visa is another possibility, but it primarily grants temporary stay without work authorization and could raise questions regarding your intentions to reside permanently or continue employment in the U.S. Additionally, processing delays may overlap unfavorably with your existing timeline.
Traveling briefly to Canada or Mexico and re-entering the U.S. under an ESTA is generally not advisable, as ESTA is for tourism or short-term business purposes only and doesn't permit employment or long-term stays. Attempting this method might complicate your immigration record. To minimize risks, the H4 visa application through your spouse's status is your safest pathway for maintaining uninterrupted legal residency until you're ready to return to E3 status upon finding new employment.
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