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Hi All, firstly thank you in advance to anyone who replies in an attempt to assist me.
My situation is as follows....
I have been working in the US on an E3 Visa but have had periods where I have left the US to work elsewhere. At one stage I decided to use the VWP as I was no longer working for my last E3 Visa sponsor.
To make it easier to follow I will list my visits to the US.
May 2008 - Valid E3 Visa ( 1 ) - Enter US and work
May2009 - Leave US
October 2010 - New work sponsor so get New E3 Visa ( 2 ) - Enter US and work
December 2010 - Leave US as job ceased.
July 2011 - Re-enter US on E3 Visa (2) - I94 valid until july 2013
December 2011 leave US - ( I94 was left in passport )
Feb 2012 - Enter US on VWP ( ESTA ) - Valid until April 2012
April 2012 - Jan 2013 - Was attempting to find new E3 sponsor but unsuccessful. Also, became involved with a US woman whom I am still dating.
Basically overstayed VWP until Jan 2013 as I was helping my girlfriend through some serious medical and financial issues.
Jan 2013 found new E3 sponsor so left US back to Australia to apply for new E3 Visa
21 Jan 2013 - Departed US and turned in my I94 valid until July 2013
29 Jan 2013 - Consulate refer E3 visa (3) application for further processing.
1st Feb 2013 - Check ESTA status - Not Authorized to Travel ( Was ok just the previous day )
Now awaiting Contact from US consulate regarding status of new E3 visa application.
I understand I should have gone about things a little differently but this is my situation now unfortunately.
My specific questions to be answered..
If I overstayed my VWP from April 2012 until Jan 2013 but had been previously approved via I94 to stay until July 2013, will I be classified as 'out of status' or unlawfully present from April 2012 until Jan 2013? I know this will make a huge difference regarding any re-entry ban.
Also, how do I find out if I do have an actual ban against re-entering the US? Will the consulate just tell me if they deny my E3 Visa application?
Thanks Again! E
My situation is as follows....
I have been working in the US on an E3 Visa but have had periods where I have left the US to work elsewhere. At one stage I decided to use the VWP as I was no longer working for my last E3 Visa sponsor.
To make it easier to follow I will list my visits to the US.
May 2008 - Valid E3 Visa ( 1 ) - Enter US and work
May2009 - Leave US
October 2010 - New work sponsor so get New E3 Visa ( 2 ) - Enter US and work
December 2010 - Leave US as job ceased.
July 2011 - Re-enter US on E3 Visa (2) - I94 valid until july 2013
December 2011 leave US - ( I94 was left in passport )
Feb 2012 - Enter US on VWP ( ESTA ) - Valid until April 2012
April 2012 - Jan 2013 - Was attempting to find new E3 sponsor but unsuccessful. Also, became involved with a US woman whom I am still dating.
Basically overstayed VWP until Jan 2013 as I was helping my girlfriend through some serious medical and financial issues.
Jan 2013 found new E3 sponsor so left US back to Australia to apply for new E3 Visa
21 Jan 2013 - Departed US and turned in my I94 valid until July 2013
29 Jan 2013 - Consulate refer E3 visa (3) application for further processing.
1st Feb 2013 - Check ESTA status - Not Authorized to Travel ( Was ok just the previous day )
Now awaiting Contact from US consulate regarding status of new E3 visa application.
I understand I should have gone about things a little differently but this is my situation now unfortunately.
My specific questions to be answered..
If I overstayed my VWP from April 2012 until Jan 2013 but had been previously approved via I94 to stay until July 2013, will I be classified as 'out of status' or unlawfully present from April 2012 until Jan 2013? I know this will make a huge difference regarding any re-entry ban.
Also, how do I find out if I do have an actual ban against re-entering the US? Will the consulate just tell me if they deny my E3 Visa application?
Thanks Again! E
