I have another question related to "Intent" that I'm hoping someone can help me with.
I was selected in the 2014 lottery with number OC1xxx, which for 2013 will be current in June.
My family and I are currently here on E3 visas, which for those not familiar with it is also a temporary non-immigrant Visa that is not dual intent. Our visas have expired, but we are still in status as our I-94s don't expire until July 2014.
Based on what I have been reading the last few days (and thanks to everyone here for all your advice, I have learnt a lot!), I could simply submit my DSP-122 now and wait until my number comes up in (hopefully) June 2014, then submit for AOS. As long as the AOS request is submitted before July, we won't fall out of status. The risk is then that if for whatever reason we don't get the GC, we will then be out of status and have to leave the country. If we were then to reapply for the E3 from our home country we would probably be rejected based on intent since we applied for the GC by AOS.
So a less risky route is to renew our E3 visas now. To do this we need to leave the country and reapply for E3. IF we get it, it will be valid for 2 years. Then we can come back to US and get new I-94s, which should also be valid for a further 2 years if all goes well at POE. We can then apply for AOS when my CN becomes current and if we don't succeed we will still be in status.
What I am worried about is, what happens if someone questions why we have gone to the trouble and expense to leave the country to renew our E3 visas when we still have 14 months validity on our I-94s? We will also need to disclose that I have been selected in the DV lottery (or as has been said, they will already know this). It seems to be a pretty obvious conclusion that the only reason we are renewing E3 now is because we intend to apply for AOS for GC in the near future, which disproves our intent, and means our E3 applications will be rejected.
Does anyone have any thoughts on this? Thanks