Can one convert from H1B/H4 to E3 ?

marlon2006

Registered Users (C)
Hi, I-140 approved, Australian citizen H1B holder.
Can one convert to E3 so that wife can start working, and at the same time keep I-140 and US immigration intent intact ?
 
Thanks.
It seems they designed the thing in a way that we are screwed from all angles.

GotPR? said:
E3 is not dual intent. Petition might be denied if I-140 has been filed.
 
Yes

I have just done this myself. There is a directive (can't find the reference) that having submitted an immigration application should not in itself result in denial. And for me at least it worked out fine. Of course, I'm not a lawyer and you should speak to one.

Cameron.
 
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