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Hi, I was wondering if anyone can help answer a few questions re: my status. I am on E-3 with my current company, expiring April 2014. I was planning to renew my E-3 every two years, for a while. However, my company asked if I would switch to H1-B and I agreed. My H1-B application has been approved and I received a certificate to apply for H1-B at a consulate outside the US after Oct 1, 2013. Apparently, my company's legal representative said that my visa status will change automatically to H1-B on Oct 1, but if I leave the country, I will need to apply for a H1-B stamp on my passport in order to come back into the US.
I am currently interviewing with another company, and if I get a job offer with them, plan to apply for an E-3 with the new company. Given that I am technically on E-3 and that my H1-B doesn't take place until Oct 1, will it be an issue if I all of the sudden switch and apply for an E-3 with the new company and forfeit my status change with the current company?
Non-immigrant visas that are employer-sponsored - such as the H-1B and E-3 - are dependent on the employer's continued sponsorship. This means that if you leave an employer that sponsored your H-1B visa, the employer has the right to write to USCIS and withdraw your H-1B petition.
It sounds like you were approved for an H-1B visa subject to the cap (which is why it starts on Oct. 1). Currently, you are in E-3 status. If you change employers, the petition would be filed as a change of status E-3 petition. The prospective employer would have to indicate that you were approved for an H-1B visa with a 10/1/13 start date, but since the visa's clock hasn't started ticking and you're not in H-1B status it does not affect the E-3.
In other words, your status hasn't changed and will not change until 10/1. Therefore, if you change employers and the employer petitions on your behalf for an E-3, it would be simply a change of employer petition, not a change of status (from H-1B to E-3).
As always, you should ask your prospective employer's immigration counsel for advice.
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