Travelling after E3 Visa
Upvote:-1
... must exit within 10 days of the end.
Not so, a common myth, you must exit immediately. At http://www.uscis.gov/tools/ombudsman-liaison/practical-immigration-consequences-foreign-workers-slowing-economy we read:
"Similar to H-1B nonimmigrants, E, L, O and P nonimmigrants are no longer considered to be maintaining valid status as of the day their petitioned for employment has been terminated. The law and regulations do not provide a grace period for E, L, O, and P nonimmigrants whose employment has been terminated, so once the individual is no longer in a lawful nonimmigrant status, he/she usually must depart from the United States."
Upvote:1
You may not need to go to Canada. There is an application to "extend or change" nonimmigrant status: http://www.uscis.gov/visit-united-states/change-my-nonimmigrant-status-category/change-my-nonimmigrant-status.
There is a list of visa categories that are ineligible for this; E visas are not listed. See http://www.uscis.gov/sites/default/files/USCIS/Resources/C2en.pdf.
From that document, you can learn that to change into B-2 status, you need to file form I-539. To change into B-2 status, you can file your application electronically: http://www.uscis.gov/uscis-elis.
According to the instructions (http://www.uscis.gov/sites/default/files/files/form/i-539instr.pdf), the filing fee is $290. It might be better to spend the money on a trip to Canada!
Another factor is processing time: "The current processing time for all Form I-539s is 2.5 months." (http://www.uscis.gov/uscis-elis/e-filing-using-uscis-elis)
Upvote:2
Since Australia participates in the Visa Waiver Program, you should be able to enter the USA as a tourist from Canada.
To be on the safe side, you may want to stay in Canada for a week or so. I would make sure to only enter the USA after the E-3 visa has expired. You may not want to be confronted by an immigration officer wondering why you are entering the USA under the Visa Waiver Program and with an about-to-expire E-3 visa.
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