E3 Visa with prior green card lottery win help pls

[IheartNY 2]

Hi peeps

I am in the US in the OPT/F1 status and I selected for further processing for the green card lottery, sent in my initial documents indicating I wished to undertake adjustment of status in the US (later changing to consular processing), but probably wont get called for an interview due to very high case number- bummer eh?

Anyhoo, I have been offered a job by an employer willing to employ me on an E3 visa. Hpwever, I am concerned that the prior lottery win will cause me grief at my interview if the officer thinks that it evidences immigrant intent (even though my genuine intention is to return home to Australia at some point and to strictly adhere to the terms of my visa).

I have read that an application for permanent residency doesnt per se exclude me from eligibility but I was wondering (1) if anyone else has faced a similar situation and (2) whether they were asked about it in their interview (2) whether they were successful in getting their visa (4) what evidence they presented to appease the interviewing officer and (5) which consulate they were processed at ( I will likely go to one in Canada).

Im just so worried that the interview will end badly. Any advice would be appreciated!

Thanks so much

[Boiler 45,545]

For all intent and purposes the E3 is treated like a H1b so not a problem.

[IheartNY 2]

For all intent and purposes the E3 is treated like a H1b so not a problem.

Really? The E3 isnt dual intent like the H1B?

I hope that's the case but I want to be over prepared in case I get asked about it. You never know right? Consular Ofiicer gets out of bed on the wrong side and wears her cranky pants to work that day.....

[aussie_jason 195]

Just be prepared to show ties back to Australia and you should be fine but to be honest I never even needed to do that, E3's in my experience have been straight forward affairs but I never had the green card lottery to contend with and once we begun our AOS for the green card I didn't renew my E3 (probably should have though as it forced me out of work for about a month).

[IheartNY 2]

Just be prepared to show ties back to Australia and you should be fine but to be honest I never even needed to do that, E3's in my experience have been straight forward affairs but I never had the green card lottery to contend with and once we begun our AOS for the green card I didn't renew my E3 (probably should have though as it forced me out of work for about a month).

Thanks Jason

Yeah everything Ive read seems to indicate its straightforward but my situation is pretty unique so Im a little paranoid. I guess I can only be as prepared as I can be and then hope that the issue doesnt come up.

Would suck in the suckiest way possible for me to miss out on the green card because the case number is too high (which sucks) only to have that circumstance foil the application for the E3...(which would doubly suck)

[Clair 6]

E3 has to be renewed every 2 years, and it cannot be done within the US. Pain in the neck. Plus E3 doesn't offer a path to GC. However, it's all irrelevant if OP has no intention of staying in the US permanently. But it's a little confusing: a GCholder cannot remain outside of the US more than 6 months (or up to 1 year with a re-entry permit issued). If OP is planning to reside in OZ, his/her American residency will be lost. Why bother getting CG then?

As for the questions: my husband participated in DV before applying for E3. This matter has never came up during his visa interview in Sydney or his AOS interview much later here in LA. In fact, nothing came up. We were talking about the Ashes.

Edited May 8, 2014 by Clair

[aussie_jason 195]

The rule states:

An application for initial admission, change of status or extension of stay in E-3 classification, however, may not be denied solely on the basis of an approved request for permanent labor certification or a filed or approved immigrant visa preference petition.

I'm not sure if you can adjust from OPT/F1 to E3 from within the US but doing such an adjustment would take considerable amount of time so it is best to do the consulate processing like you are planning to. I've done that in Calgary, Sydney and the last time was in Brussels. The one thing I would recommend would be to memorize what exactly the E-3 visa is and how it came about, that is the one thing they seemed to care the most about along with who you would be working for and what work you would be doing.

For reference my visa journey was: L-1B for close to 6 years, then a few month gap to an E-3 visa for another 5 years and then a green card via marriage, to say I'm tired of immigration paperwork is an understatement! Thankfully company lawyers did most of the L-1B and E-3 paperwork though but still there were a lot of hoops to jump through, now just two more; ROC in 2 years and then Citizenship a year after that.

[IheartNY 2]

E3 has to be renewed every 2 years, and it cannot be done within the US. Pain in the neck. Plus E3 doesn't offer a path to GC. However, it's all irrelevant if OP has no intention of staying in the US permanently. But it's a little confusing: a GCholder cannot remain outside of the US more than 6 months (or up to 1 year with a re-entry permit issued). If OP is planning to reside in OZ, his/her American residency will be lost. Why bother getting CG then?

As for the questions: my husband participated in DV before applying for E3. This matter has never came up during his visa interview in Sydney or his AOS interview much later here in LA. In fact, nothing came up. We were talking about the Ashes.

I won the green card lottery for DV2014 but Im 99% sure I wont get a green card because my case number is too high. I sent paperwork in last May after I won to acknowledge that I would be proceeding with the green card application should my case number be called for interview. So I did more than just "participate". Maybe I would have stayed permanently if I got the green card but maybe not. I dont know.

So second prize is an E3.

Its the sending of paperwork to USCIS after the actual win, rather than just entering the lottery that is my concern.

[Clair 6]

My husband did win. He just didn't bother to do anything after that. E3 was already in process. We were a little concerned about DV, just like you are now. But everything turned out to be painless.

[IheartNY 2]

My husband did win. He just didn't bother to do anything after that. E3 was already in process. We were a little concerned about DV, just like you are now. But everything turned out to be painless.

Oh I see! Sorry when you said "participated" I didnt understand your meaning. Did he send his DS-230 etc form in at all? All that paperwork and money I paid will be siting there in the system in front of the officer. I hope they dont ask about it. Its a mess really. Wish Id never won at this stage!

[aussie_jason 195]

E3 has to be renewed every 2 years, and it cannot be done within the US.

Actually it can, it just takes much longer and if you leave the US you still need to go to a consulate to get the visa in your passport before you can get back in so it kind of defeats the point and is still a pain.

[Clair 6]

Oh I see! Sorry when you said "participated" I didnt understand your meaning. Did he send his DS-230 etc form in at all? All that paperwork and money I paid will be siting there in the system in front of the officer. I hope they dont ask about it. Its a mess really. Wish Id never won at this stage!

Sorry...he doesn't remember: it has been 3 years, and he was doing E3 at the same time.

[Clair 6]

Actually it can, it just takes much longer and if you leave the US you still need to go to a consulate to get the visa in your passport before you can get back in so it kind of defeats the point and is still a pain.

Maybe that was an extension?...Doesn't matter: it's a pain. When it was time for my husband to renew/extend - I just said "forget it, let's rather adjust and get you a GC" (we were married already).

OP, I am sorry for being off-topic.

[elena__b 0]

@iheartny Just wondering how you went with your E3 application? I am in a similar situation in that I was selected for the green card lottery and submitted my forms while in the US on the J1. I also have a very high case number which is unlikely to result in a green card. I am actively trying to get sponsored on the E3 here but I'm wondering whether this is possible considering I have submitted forms for the green card?

[Boiler 45,545]

The odds against are so high that a GC lottery application is not usually considered immigrant intent.

Edited September 12, 2014 by Boiler