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Processing new E-3 in Barbados

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  • Processing new E-3 in Barbados

    Hello,

    I'm currently in the process of applying for my second E-3 visa for a new employer and have run into an issue.

    Late last year, I discovered that my first E-3 was issued for one year, expiring in Feb 2016, instead of for two years. Since I didn't have the time or resources to travel overseas and renew my E-3, I requested an extension of stay (I-539) with the USCIS. The USCIS also mentioned that I'd be able to stay in the country for up to 275 days while my application was processed. Last month, they came back stating that according to their records, my E-3 visa expires in Feb 2017, at which point, I thought I was out of the woods. Since I would be applying for a new two-year E-3, I didn't need to extend my current E-3 anymore.

    The problem now is that I've discovered that the E-3 was issued for one year because its LCA was mistakenly requested for one year by my current employer, instead of for two years.

    My new employer has just submitted a new LCA and we're about to submit my DS-160, but I'm unsure if the consulate at Barbados would look up my first LCA and deny my new E-3, leaving me stranded, due to the fact that I unknowingly worked beyond the valid LCA date, despite the fact that I was informed that my current E-3 did, in fact, expire in Feb 2017. The CBP stamp also says "Class E-3 until Feb 06, 2017".

    I understand that nothing's guaranteed, but any advice would be really helpful as it's all very stressful.

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