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ubw117

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Hi guys,

I have quite a problem on my hands, I am currently living in Sydney, My wife is a DV winner with 12## number(which will not be current till April/May), I was just offered a position in the US, and they are expecting me there in Feb March, My employer has filed for a petition for an E3 visa, my orginal plan was to go there on the E3 visa and then come back to Australia to get the green card (CP) in May, but I spoke to the Embassy hotline, and they reckon there is a good chance my wife might be rejected from the E3 visa because she has already an application for the green card, reason being the Green card is a permenant visa and the E3 is a temporary one.

they advised to cancel the application for the green card and that way, it will look more favourable for the E3.

does anyone have any ideas or thoughts on this, as I feel like I might lose out on everything, if my wife cancels the green card (DV) and then we get rejected from the E3 visa, then I am left with nothing, PLEASE HELP MEEEEEEE.

thanks
 
ubw117 said:
Hi guys,

I have quite a problem on my hands, I am currently living in Sydney, My wife is a DV winner with 12## number(which will not be current till April/May), I was just offered a position in the US, and they are expecting me there in Feb March, My employer has filed for a petition for an E3 visa, my orginal plan was to go there on the E3 visa and then come back to Australia to get the green card (CP) in May, but I spoke to the Embassy hotline, and they reckon there is a good chance my wife might be rejected from the E3 visa because she has already an application for the green card, reason being the Green card is a permenant visa and the E3 is a temporary one.

they advised to cancel the application for the green card and that way, it will look more favourable for the E3.

does anyone have any ideas or thoughts on this, as I feel like I might lose out on everything, if my wife cancels the green card (DV) and then we get rejected from the E3 visa, then I am left with nothing, PLEASE HELP MEEEEEEE.

thanks
Click to expand...

Forget the EB3 for now. Explain to your new employer whats going on.
U can always apply for EB3 visa later on if the dv lottery dosent work out which i think you'll probably get. Don't be in a hurry to come to the u.s in March on a temporary visa when u can come in April/May as a permanent resident.
If ur new employer really wants to hire ya, they can give u a few more months to get ur immigration stuff together.
Again, DO NOT GIVE UP UR CHANCE TO GETTING A "FREE GREENCARD" FOR SOME "TEMPORARY VISA".
 
OMG Do not cancel the green card application.

I would not go through with the E3 and you can tell your employer - if they don't understand it isn't the end of the world - it isn't as if there is only one job for you in the USA. Why would you tie yourself to an E3 when you have the freedom of the green card? And your Green Card wait is only another couple of months anyway.
 
Do not cancel either. If you explain to the consular officer (when you are getting E3) that you will be back to do consular processing for your DV visa - if asked (he may not even ask, but you have to indicate on your application for a non-immigrant visa that you have applied for an immigrant one), and have no intention of staying in the US illegally (forget the immigrant intent for a moment), then you have a good chance of getting E3.

There are precedents of people getting non-immigrant visas with their DV visas pending.

Go for E3 first, and then whatever happens - go for your DV visa. Employers come and go, but a chance for a DV visa is a rare one.
 
ubw117 said:
Hi guys,

I have quite a problem on my hands, I am currently living in Sydney, My wife is a DV winner with 12## number(which will not be current till April/May), I was just offered a position in the US, and they are expecting me there in Feb March, My employer has filed for a petition for an E3 visa, my orginal plan was to go there on the E3 visa and then come back to Australia to get the green card (CP) in May, but I spoke to the Embassy hotline, and they reckon there is a good chance my wife might be rejected from the E3 visa because she has already an application for the green card, reason being the Green card is a permenant visa and the E3 is a temporary one.

they advised to cancel the application for the green card and that way, it will look more favourable for the E3.

does anyone have any ideas or thoughts on this, as I feel like I might lose out on everything, if my wife cancels the green card (DV) and then we get rejected from the E3 visa, then I am left with nothing, PLEASE HELP MEEEEEEE.

thanks
Click to expand...

More still, ask your employer if he can hang on till April/May when you'd get green card(DV), which i believe you'd get and migrate to the US with that, than the E3 visa. No much difference between March and April/May, just a matter of 2 months.

If the DV did not work out (which i doubt), you can always go then for the E3 Visa, that way you won't lose out.
 
thank you everyone for your replies, I just got of the phone with the Us employer and they said they are willing to wait :) if I get knocked back from the E3 visa,

does anyone know if I do get knicked back from the E3 visa, would that affect my green card application at all?
 
ubw117 said:
thank you everyone for your replies, I just got of the phone with the Us employer and they said they are willing to wait :) if I get knocked back from the E3 visa,

does anyone know if I do get knicked back from the E3 visa, would that affect my green card application at all?
Click to expand...

not at all.
 
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