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DV 2015 Oceania winners

Britsimon said:
OK - if you have not already submitted the 260 you should hold off for now. That is the point at which you are thought to have declared immigrant intent. Simply entering the lottery is not thought to be that point.

If you have completed the 260 form already then yes you will have to be honest about that when you renew your E3 visa. It does not automatically disqualify you for the E3, but it might making that a little harder. Others have achieved temporary visas by showing that they have ties back home and that they fully intend to work within the rules (i.e. yes is interested in moving to the USA but will leave as planned at the end of the E3 unless other avenues open up).

Regarding aos or CP - I was around the same level this year and opted for aos. So far I don't think that was a wrong decision - the early submission (30-45 days) helps but you have some options to nag them into interviewing you also.
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Hi Britsimon, thanks for your help! Regarding your AOS, do you now have your GC or still waiting? Also, does the AOS come with a work permit, allowing you to stay until the decision is made? If you could direct me to the appropriate thread for this and my many other questions that would be brilliant! And what was you approximate CN if you don't mind me asking? thanks again!
 
IheartNY said:
NYCSteph- a better forum to ask questions about E3 visas and intent etc is the british expats forum. Yes there is an E3 processing memo specifically states that parallel filing of an immigrant visa will not disqualify you from renewing your E3. The important thing is to satisfy the interviewing officer that you intend to comply with the terms of your E3. If you choose consular processing you are evidencing your intention to depart the US prior to re-entering as a permanent resident so the conflict is reduced. Anyhoo, this isn't the forum for E3 stuff. I suggest you have a look here:

http://britishexpats.com/forum/us-i...-visa-australians-thread-its-all-here-700174/

See page 4
http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives 1998-2008/2005/e3polgdnc_121505.pdf
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THat is interesting Hearty!

I presume the relevent passage is this.

"Under the current E regulation, 8 C.F.R. 214.2(e)(5), an alien classified under section 101(a)(15)(E) as an E-3 nonimmigrant shall
maintain an intention to depart the United States upon the expiration of termination of E
status. 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."

So that seems to say the E visa alien should intend to leave BUT cannot be denied purely because they are making immigrant petitions. THat sounds pretty darn close to what I understand about "dual intent".
 
nycsteph said:
Thanks iheartNY, yes I was thinking that this was quickly diverging off topic. I will check those links out. I am still however, trying to decide between CP and AOS.. both with and without benefits. Again, its the timing that worries me the most. Any forums that specifically deal with that? Thanks all for your prompt help, its very much appreciated.
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Very few posts don't go off topic around here... That's ok....

There is a good thread on AOS here that includes a link on the first post to a spreadsheet which has, among other things, a comparison of AOS versus CP.

Read here:-
http://forums.immigration.com/threads/dv-2015-aos-only-new-thread.7/
 
nycsteph said:
Hi Britsimon, thanks for your help! Regarding your AOS, do you now have your GC or still waiting? Also, does the AOS come with a work permit, allowing you to stay until the decision is made? If you could direct me to the appropriate thread for this and my many other questions that would be brilliant! And what was you approximate CN if you don't mind me asking? thanks again!
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OK, just replied suggesting a thread made just for you. Sm1smom who watches over us aos selectees like an angel is about as good as it gets when it comes to aos knowledge - so check in there...

Re me - I am 2014EU31xxx. I went current on June 1. I submitted my I485 package, have had my biometric appointment and I am just waiting for the interview. My expectation is to get a JUly interview - I'll start banging on doors if that doesn't happen (but I am pretty confident it will).
 
Britsimon said:
OK, just replied suggesting a thread made just for you. Sm1smom who watches over us aos selectees like an angel is about as good as it gets when it comes to aos knowledge - so check in there...

Re me - I am 2014EU31xxx. I went current on June 1. I submitted my I485 package, have had my biometric appointment and I am just waiting for the interview. My expectation is to get a JUly interview - I'll start banging on doors if that doesn't happen (but I am pretty confident it will).
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Wow that's so exciting! yes I expect you would get the interview in time, good luck. Can I ask your rationale behind choosing AOS? Also, what avenues can you pursue to expedite the interview date? I mean, banging on doors?
 
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nycsteph said:
Thanks iheartNY, yes I was thinking that this was quickly diverging off topic. I will check those links out. I am still however, trying to decide between CP and AOS.. both with and without benefits. Again, its the timing that worries me the most. Any forums that specifically deal with that? Thanks all for your prompt help, its very much appreciated.
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Argh its a tough one. I think the primary issue is when you'll be current. If you've got a high CN then your best bet is CP regardless of your E3 status. If your CN is low enough then AOS should be fine although I cannot predict whether the pending AOS would be raised during an E3 renewal interview should you pursue consulate renewal.

In fact right now USCIS has my application for an E3 (my employer's attorney insisted going through USCIS rather than me going to a consulate) and I have the pending green card application out there as well for DV14. I expect that it will be approved and I will report back once that happens. Given that Im probably not going to go current you can imagine how cranky I'll be if Im denied an E3 as well!

In the forums I mentioned there are some examples of people who had pending green card applications in progress whilst they renewed their E3's and had no problem. Its such a rare situation its very hard to give advice except to be as prepared as possible should the issue arise in an E3 renewal interview. I go by "Snarky" in those forums.

Good luck!
 
nycsteph said:
Wow that's so exciting! yes I expect you would get the interview in time, good luck. Can I ask your rationale behind choosing AOS? Also, what avenues can you pursue to expedite the interview date? I mean, banging on doors?
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Rationale.
CP meant being back in the UK for around 2+ weeks. I am contracting - so that would be a $20k+ decision Lost earnings, travel expenses for 3 and so on.
That was balanced against a bit more waiting (but still do-able within the window). Further, I would really like the GC via DV because it is cheap and simple, but I have employment based and family based routes also - so a mishap wouldn't be the end of the world.

Banging on doors means infopass appointments, congressperson assistance and the superweapon - Sm1smom.
 
IheartNY said:
Argh its a tough one. I think the primary issue is when you'll be current. If you've got a high CN then your best bet is CP regardless of your E3 status. If your CN is low enough then AOS should be fine although I cannot predict whether the pending AOS would be raised during an E3 renewal interview should you pursue consulate renewal.

In fact right now USCIS has my application for an E3 (my employer's attorney insisted going through USCIS rather than me going to a consulate) and I have the pending green card application out there as well for DV14. I expect that it will be approved and I will report back once that happens. Given that Im probably not going to go current you can imagine how cranky I'll be if Im denied an E3 as well!

In the forums I mentioned there are some examples of people who had pending green card applications in progress whilst they renewed their E3's and had no problem. Its such a rare situation its very hard to give advice except to be as prepared as possible should the issue arise in an E3 renewal interview. I go by "Snarky" in those forums.

Good luck!
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I can't imagine you being snarky at all. :p
 
IheartNY said:
Argh its a tough one. I think the primary issue is when you'll be current. If you've got a high CN then your best bet is CP regardless of your E3 status. If your CN is low enough then AOS should be fine although I cannot predict whether the pending AOS would be raised during an E3 renewal interview should you pursue consulate renewal.

In fact right now USCIS has my application for an E3 (my employer's attorney insisted going through USCIS rather than me going to a consulate) and I have the pending green card application out there as well for DV14. I expect that it will be approved and I will report back once that happens. Given that Im probably not going to go current you can imagine how cranky I'll be if Im denied an E3 as well!

In the forums I mentioned there are some examples of people who had pending green card applications in progress whilst they renewed their E3's and had no problem. Its such a rare situation its very hard to give advice except to be as prepared as possible should the issue arise in an E3 renewal interview. I go by "Snarky" in those forums.

Good luck!
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Thanks I heartNY, its my understanding that applying for AOS now while on my current E3 in the sense puts a 'hold' on my current E3 until the outcome of the AOS is decided when my CN becomes current. ie. I can't and wouldn't be able apply for renewal of my E3 because I am in the process of Adjusting that very Visa. This is my limited understanding. I also have read that while you are in AOS you can simultaneously get a work permit allowing you to stay during that time while the outcome is being decided.
 
nycsteph said:
Thanks I heartNY, its my understanding that applying for AOS now while on my current E3 in the sense puts a 'hold' on my current E3 until the outcome of the AOS is decided when my CN becomes current. ie. I can't and wouldn't be able apply for renewal of my E3 because I am in the process of Adjusting that very Visa. This is my limited understanding. I also have read that while you are in AOS you can simultaneously get a work permit allowing you to stay during that time while the outcome is being decided.
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Yeah I can't help you there. These might be questions for Sm1smom in the AOS thread or an E3 attorney such as Zjantelle Carmissa Markel in NY. :cool:
 
IheartNY said:
NYCSteph- a better forum to ask questions about E3 visas and intent etc is the british expats forum. Yes there is an E3 processing memo specifically states that parallel filing of an immigrant visa will not disqualify you from renewing your E3. The important thing is to satisfy the interviewing officer that you intend to comply with the terms of your E3. If you choose consular processing you are evidencing your intention to depart the US prior to re-entering as a permanent resident so the conflict is reduced. Anyhoo, this isn't the forum for E3 stuff. I suggest you have a look here:

http://britishexpats.com/forum/us-i...-visa-australians-thread-its-all-here-700174/

See page 4
http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives 1998-2008/2005/e3polgdnc_121505.pdf
Click to expand...

Thanks - they're the links I was looking for.
 
Hopeless DV2014 "winner" with high number over 2000 here. Just wanted to guilt trip you all and say those of you who have numbers lower than 1750 for 2015 are very lucky I hope you know this and understand this and cherish it, as we unfortunate souls get lowered into our DV-less graves. Those with numbers over 2000 in DV2015, there are plots being prepared in the DV-less cemetery for you come join us.
 
I have to say after 13 months reading this forum, by far the worst dearth of information provided to me, was in regards to the limitations of the Sydney consulate. Lot's of talk about all the numbers going current for most of the last ten years, lots of talk about numbers of visas available, but in the end, it all came down to there's one consulate that does immigration visas in all of Australia, it dedicates a few hours on a Tuesday apparently, for these interviews. Nobody over 1750 stands a chance of being interviewed it seems.
 
badabingbada said:
in the end, it all came down to there's one consulate that does immigration visas in all of Australia, it dedicates a few hours on a Tuesday apparently, for these interviews. Nobody over 1750 stands a chance of being interviewed it seems.
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Who knows - maybe they'll do extra days in Sept to clear the back-log / process more applications.
 
Guys, the limitation is NOT a question of how many days the Sydney embassy has set aside. If they were being asked to interview more cases, they would do it.
 
In addition to Simon's comment above, I hope those lamenting about the interview days' limitation realize not all selected Australians will actually end up interviewing in Sydney by the way? There are selectees doing AOS, as well as those doing CP in other countries outside of Australia!
 
Sm1smom said:
In addition to Simon's comment above, I hope those lamenting about the interview days' limitation realize not all selected Australians will actually end up interviewing in Sydney by the way? There are selectees doing AOS, as well as those doing CP in other countries outside of Australia!
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Thanks mom. Us OC peeps are scratching around for whatever good news we can find :confused:
 
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