For a 457 holder to be eligible to apply for a 186 or 187, does the 2 year work requirement have to be with the same employer? For example if a holder of 457 has worked in a nominated position for 12 months and takes up employment by another sponsor in the similar nominated position will the time worked for the first employer count towards the 2 year period??

For a 2nd employment the correct tick box is C. Tax Code BR is the correct code as a temporary measure until you sort out your tax position with HM Revenue & Customs (HMRC).

Hi Jai, You can use your PR visa if it is granted. You can withdraw a lodged 457 visa application if the PR visa is granted. PC

Follow the instructions on the form. Place of filing in immigration matters follows your residence. It is not open to choice. USCIS processing times should be here: http://www.immigration.com/processing-times-and-status-check

Hi Jimwel, 1. Suggest that you speak with your employer about their obligation to provide equivalent terms. 2. 600 visa may be appropriate for that. PC

For all people on B visa or illegal in USA who are marrying a US citizen, I strongly advise at least one consultation with a lawyer to make sure you will not run into trouble.

An employer may use their own form to obtain answers to tehj new employee questions (formerly the P46).

hi , i,m on 457 visa at the moment my 2 year complete next year feb 2016 but i had 2 month unpaid leave .can i apply pr in feb or have to work 2 month extra??

Hi Raj, 1. If you lodge a 189 visa, then you get a bridging visa which allows you to stay here until a decision is made. Your 457 visa will remain valid until the Department contacts you, and decides to cancel the visa if you cease employment: http://myaccessaustralia.com/457-visa-changing-employer/ 2. Around 3-6 months. 3. There is no such legal requirement. PC

Ok, excellent. Thanks you so much for the guidance.

For example, when my 457 visa runs out after 4 years, could my company sponser me again on a 457 visa, thus giving me another 4 years? Or would i need to gain PR before the initial 457 visa ends in order to stay longer?

Hi Lovi, The new business would need to take over the sponsorship for your visa: http://myaccessaustralia.com/457-visa-changing-employer/ Generally speaking you can count employment with the former employer if the business remains the same. Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options. PC

If the nomination is not approved by the time that you end your employment with your current sponsor, then your 457 visa continues to be valid and you will remain on this visa.

1. I see no issue in applying for a family based or employment based green card while on H-1.

Hi, As a 457 secondary dependent ( main applicant’s partner), can I stay in my country for period of 1 or 2 years after my visa is granted?

Pretty self explanatory. You can only work for the employer that is currently sponsoring you for your 457 visa. Also, you can only work in the role that DIAC has approved in the nomination application.

For further information related to your eligibility to be registered as a Status Indian, or to obtain a new Secure Certificate of Indian Status once you are registered, contact any Indian Registry Administrator (IRA) or AANDC office. Further information regarding the new Secure Certificate of Indian Status is available by calling toll-free 1-800-567-9604, emailing infopubs@aandc-aadnc.gc.ca or viewing the AANDC Web site.

I’m going to hold the 457 Visa and I’ve a queation about the limitation of travel overseas once I get the 457 Visa. Like I plan back to homwtown for two month after I get 457 Visa, is that ok?

Recently i got new employer ( his business have been approved for sponsership ) he is going to do nomination for me. My question is 1. Is it possible if i get visa cancle because i take over 90 days to find new sponser? 2. Can i go back to China for 2weeks during new normination process? 3. Do you think its better if i back my country to waiting until new normination approve.

I have 457 VISA which says that I am allowed to stay in Australia until 12 Sept’15. Can I leave Australia on the 12th Sept’15 by any convenient flight or I need to leave a day earlier, i.e. 11 Sept’15.?

with this, I need more time while waiting for the result of my visa application.

Wait times are governed by priority date. Read the visa bulletin: http://www.immigration.com/visa-bulletin

Hi, I am currently on 457 visa. My visa is valid till October 2015.I want to leave the company in end May 2015.

– I don’t want to tell my employer about 189 visa now(or never), is that ok?

Hi Raj, No because you will be holding the 457 visa until it expires – you can only work for your sponsor. PC

New Job present for my daughter

1. Fantastic post! My current 457 visa expires in September 2016, but my employer made me redundant at the beginning of the year. From 1st Jan 2015, I won’t be employed. I found another employer in the same occupation. I suppose I need to apply for a new 457 visa, which takes time, 1-2 months I guess. According to some condition, I have 90 days to arrange things. Can I start to work for my new employer before I obtain my new visa?

​Hi San, You can skip that question if it doesn’t apply for your parent’s circumstances. PC

I will be travelling to Australia for the second time for a period of 18 months. Company would sponsor my wife and child. Can my accompany along with them and stay here. What is the process for my mother to come along.

I have new employee’s starting with me but they are on a three month trial and their employement could be cancelled at very short notice. Is there a way i can delay sorting out their p46 i.e let them take care of their own affairs untill they have passed this period. Otherwise i could have a moubntain of p46’s and a very big headache when it comes to fillining in my end of year records?

Hi Ailyne, I don’t think that you are under any obligation to work in any particular role. You have citizenship now so you can work for anyone. PC

Can you employer refuse to new employer re 457? Do they need to know or can find out where I’m hopefully going to ( new employer)

Once the I-130/I-485/I-131/I-765 package is properly filed with INS, your relatives can stay in USA without extending their status. Also, once Form I-131 (Advance Parole) is approved, they are free to leave USA and come back during the pendency of their application. Approximate processing times for these petitions are available on our web site at: http://www.immigration.com/node/1412/

Hi Alessio, Generally speaking, you need to complete 2 years again if you change your employer. Sorry but we would need to complete an assessment before we can determine if you can count your time with your prior employer – please see contact us page and information in relation to our consultation service. PC

I think the mistake was not giving you new employer the P45 you should have received when you left the job in Aug 2008

Hello, I’m completing a P46 for a new job.

Hi Ana, The Department may cancel your visa if they know that you have ceased employment. It may be better to get a visitor visa if you want to come here and search for a job. PC

Both formats of the secure status card (in-Canada and border-crossing) as well as the current paper-laminate Certificate of Indian Status are currently accepted as valid identity documents for re-entry into Canada.

Hi Isha, You can inform your current employer and terminate employment after the nomination is approved. You are allowed to serve out any notice period as explained here: http://myaccessaustralia.com/i-need-to-leave-my-employer-what-is-going-to-happen/ PC

Good night and great to see you commit your valuable time and effort answering all these questions on this site here.

Hi Ravi, You don’t have to tell your employer that you are lodging a 189 visa application. You should inform the employer after the 189 visa is granted. You can use your 457 visa to travel as long as it is valid. PC