DV 2020 Oceania Selectees

Britsimon

Super Moderator
I need some assistance if possible.

I'm an Aussie on an E3 visa currently living and working in the US. Under my E3 I cannot show immigrant intent. I've been in the US for over 15 months now.

I was so excited to win the 2020 DV lottery that I filed the DS-260 immediately (as advised to on the site; I honestly thought I'd miss out on getting one of the 50k GC's if I wasn't one of the first 50k people to submit the DS-260). Now that I've shown immigration intent, my upcoming E3 renewal is likely going to be denied (I think? I had no intention of winning). Am I screwed, or is there a way around this?

Timeframe so far:
May 2019: win DV lottery, case number OC15XX (super high for the Oceania region). File DS-260, stating I plan to do AOS since I'm already in US. < Apparently this step was my mistake. Winning lottery /= intent, but filing DS-260 = intent.
May 2020: E3 expires. I've shown intent now, so I'm screwed.
July/August 2020: Based on historical data others have mentioned above, this is the time when DV case numbers OC1500+ will be current and I will be able to apply for a GC, if one is available still.

Realising AOS may not be possible, I have already emailed the KCC asking to be placed back into normal CP processing. This is in preparation for still being able to get a DV GC if I get deported back to Aus. I have no idea if this is possible, or if the DS-260 can be withdrawn entirely, or if this helps me in any away.

I plan to skip over to Canada to renew my E3 in May. If they bring up the DV lottery, I honestly plan to explain that I had no idea what intent really meant; I am happy to remain an nonimmigrant. I blindly followed instructions on the visa website not knowing how it affected my visa personally. If my renewal gets approved, wonderful. If it gets denied ... well I will end up back at Australia, waiting for my GC case number, right?

Alternative idea: ask my employer to help switch me from an E3 to HB-1 or some other specialist visa, which allows dual intent. I have a PhD and work in a very narrow medical research field so hopefully I can be in some priority category there. Is this feasible? It sounds silly but that 2-3 month gap is a major life overhaul; job lost, rent contract ruined, general life thrown into chaos all because I panic-applied for a DS-260.

Any help or suggestions are welcomed.
Well for one thing your number is not as high as you think. In previous years your number would NOT have become current at all. But this year is different. The density of cases is MUCH lower. To explain that - it simply means the same number of cases spread over a wider case number range. Because of that - your case is probably only just above the halfway mark, and could easily become current before your E3 needs to be renewed. Once you aslo factor in the early filing advantage you have (filing AOS), I think you are safer than you think. I think you will be able to file your I-485 in Jan/Feb of 2020. So - even if I am wrong by a couple of months - you are still golden.
 
Well for one thing your number is not as high as you think. In previous years your number would NOT have become current at all. But this year is different. The density of cases is MUCH lower. To explain that - it simply means the same number of cases spread over a wider case number range. Because of that - your case is probably only just above the halfway mark, and could easily become current before your E3 needs to be renewed. Once you aslo factor in the early filing advantage you have (filing AOS), I think you are safer than you think. I think you will be able to file your I-485 in Jan/Feb of 2020. So - even if I am wrong by a couple of months - you are still golden.
Thank you for the input. I only considered my number high because I am OC15XX and there are actually only about 1300 Oceania winners of 2020! But I suppose there must have been drop-outs (someone once shared the "holes"theory with me about DV winnings). I guess this is one of those wait and see kind of moments in my life. Whether to go through AOS or CP doesn't matter to me financially, really, but I think I'm going to consult a lawyer anyway. My fear is that if I don't get a GC, I may not have a valid visa to fall back on.
 

SusieQQQ

Well-Known Member
Thank you for the input. I only considered my number high because I am OC15XX and there are actually only about 1300 Oceania winners of 2020! But I suppose there must have been drop-outs (someone once shared the "holes"theory with me about DV winnings). I guess this is one of those wait and see kind of moments in my life. Whether to go through AOS or CP doesn't matter to me financially, really, but I think I'm going to consult a lawyer anyway. My fear is that if I don't get a GC, I may not have a valid visa to fall back on.
What do you expect the lawyer to do for you?
 
What do you expect the lawyer to do for you?
Well I've been getting conflicting information about whether my E3 is renewable or not based on mistakenly filing a DS-260 so early. I don't know if I'm going to get rejected and deported for showing intent when it comes time to renew it; that is the main cause of my panic right now. If there are alternative solutions I can work out until my number is called, I need to know asap. Is it worthwhile switching over to a H1-B instead of renewing (or failing to renew) my E3? What is my fallback plan if I don't get a DV GC? With such a high number, is going through AOS or CP better? If I chose CP and go to Sydney for the DV interview and I don't get it, how am I going to get back into he US?
 

Aidyn

Well-Known Member
Well I've been getting conflicting information about whether my E3 is renewable or not based on mistakenly filing a DS-260 so early. I don't know if I'm going to get rejected and deported for showing intent when it comes time to renew it; that is the main cause of my panic right now. If there are alternative solutions I can work out until my number is called, I need to know asap. Is it worthwhile switching over to a H1-B instead of renewing (or failing to renew) my E3? What is my fallback plan if I don't get a DV GC? With such a high number, is going through AOS or CP better? If I chose CP and go to Sydney for the DV interview and I don't get it, how am I going to get back into he US?
Finding a Lawyer who has real knowledge of DV processing to answer those questions will not be easy. Many will tell you they know and charge you enough to buy their next luxury car....
My suggestion is to read over this forum - particularly the AOS section and Moms spreadsheet (found on the first page of each years AOS thread) as well as Simons blog britsimonsays.com
You will find more information in these two places for free than you will get from an immigration lawyer!!
I will also say that your number may appear high based on previous years, but 2020 is a little different and it isnt as high as you think it is.
My last bit of advice ... stop, breathe, relax, it'll all be ok!!!
 

Sm1smom

Super Moderator
Well I've been getting conflicting information about whether my E3 is renewable or not based on mistakenly filing a DS-260 so early. I don't know if I'm going to get rejected and deported for showing intent when it comes time to renew it; that is the main cause of my panic right now. If there are alternative solutions I can work out until my number is called, I need to know asap. Is it worthwhile switching over to a H1-B instead of renewing (or failing to renew) my E3? What is my fallback plan if I don't get a DV GC? With such a high number, is going through AOS or CP better? If I chose CP and go to Sydney for the DV interview and I don't get it, how am I going to get back into he US?
  • No lawyer can guarantee visa issuance/approval, with or without a demonstrated immigrant intent by the embassy. Approval is at the discretion of the CO charged with reviewing the petition. If you can demonstrate a strong tie to your home country despite a demonstrated immigrant intent (assuming DV selection does not lead to a GC), a NIV may still be possible.
  • If you end up not getting a GC and you have no fall back status, you don’t automatically get deported. You will be given some time to voluntarily leave the country.
  • You can’t simply switch over to H1-B, selection for H1-B is on a lottery based simply, which happens once in a year - April to be precise. Being selected does not mean you get to start working in that status right away, you have to wait until the start of the FY, which is October and you have to be in a valid legal status between April and October in order to remain in the US.
  • Review the AOS process spreadsheet for the pros and cons of AOS and CP.
 
  • No lawyer can guarantee visa issuance/approval, with or without a demonstrated immigrant intent by the embassy. Approval is at the discretion of the CO charged with reviewing the petition. If you can demonstrate a strong tie to your home country despite a demonstrated immigrant intent (assuming DV selection does not lead to a GC), a NIV may still be possible.
  • If you end up not getting a GC and you have no fall back status, you don’t automatically get deported. You will be given some time to voluntarily leave the country.
  • You can’t simply switch over to H1-B, selection for H1-B is on a lottery based simply, which happens once in a year - April to be precise. Being selected does not mean you get to start working in that status right away, you have to wait until the start of the FY, which is October and you have to be in a valid legal status between April and October in order to remain in the US.
  • Review the AOS process spreadsheet for the pros and cons of AOS and CP.
Thanks, I do have super strong ties to Aus (my whole family, an active bank account, accruing retirement fund) and almost zero ties to the US other than a job and a rental contract. I guess if getting a lawyer sounds stupid, the general questions I am looking to get answers for are:

-Is filing the DS-260 alone enough to show intent, even if I am not guaranteed a DV GC and my home ties are super strong? I had no intention of winning, obviously, and I had no idea that filing a DS-260 would trigger intent. Can intent be withdrawn or have I ruined myself already?
-When should I try to renew my E3, if at all? It expires early May 2020. I assume I won't need to renew it if my DV number is called earlier, but there is no way to predict this, no guarantee it'll happen at all. By May 2020 if I have no visa and no GC, I'm out.
-If my E3R gets denied because of intent, can it be appealed? Should I try to renew my E3R in the US, instead of in Canada, to avoid an interview?
-If I get forced to leave the US because my E3R is denied, can I still pursue the DV GC when/if my number is called? Chilling at home for 2-3 months waiting for a 'current' status on the bulletin is not too disastrous, and right now is the worst case scenario I've imagined.

I just want to feel that I have a backup plan, and I want to know what the damn meaning of intent actually is, because I am getting a new opinion on various forums daily. I'm convinced I'm ruined. People are telling me renewing E3 is basically impossible now because I filed out the DS-260 without knowing what it would do to me. I'm just in panic mode.
 

SusieQQQ

Well-Known Member
Thanks, I do have super strong ties to Aus (my whole family, an active bank account, accruing retirement fund) and almost zero ties to the US other than a job and a rental contract. I guess if getting a lawyer sounds stupid, the general questions I am looking to get answers for are:

-Is filing the DS-260 alone enough to show intent, even if I am not guaranteed a DV GC and my home ties are super strong? I had no intention of winning, obviously, and I had no idea that filing a DS-260 would trigger intent. Can intent be withdrawn or have I ruined myself already?
-When should I try to renew my E3, if at all? It expires early May 2020. I assume I won't need to renew it if my DV number is called earlier, but there is no way to predict this, no guarantee it'll happen at all. By May 2020 if I have no visa and no GC, I'm out.
-If my E3R gets denied because of intent, can it be appealed? Should I try to renew my E3R in the US, instead of in Canada, to avoid an interview?
-If I get forced to leave the US because my E3R is denied, can I still pursue the DV GC when/if my number is called? Chilling at home for 2-3 months waiting for a 'current' status on the bulletin is not too disastrous, and right now is the worst case scenario I've imagined.

I just want to feel that I have a backup plan, and I want to know what the damn meaning of intent actually is, because I am getting a new opinion on various forums daily. I'm convinced I'm ruined. People are telling me renewing E3 is basically impossible now because I filed out the DS-260 without knowing what it would do to me. I'm just in panic mode.
Yes, filling in the DS260 is immigrant intent - it is an application for an immigrant visa. (Just entering or winning the lottery isn't - but this is.)
Yes, if you are denied renewal of E3 for immigrant intent you can chill in Australia and wait for your DV to become current. It's an immigrant visa so if the only previous visa denial is due to immigrant intent, it has no effect on the outcome.
 
Yes, filling in the DS260 is immigrant intent - it is an application for an immigrant visa. (Just entering or winning the lottery isn't - but this is.)
Yes, if you are denied renewal of E3 for immigrant intent you can chill in Australia and wait for your DV to become current. It's an immigrant visa so if the only previous visa denial is due to immigrant intent, it has no effect on the outcome.
Ok. I am going to ask the KCC to change my DS-260/redo it to reflect that I want to undergo CP, not AOS. This will serve as the backup plan if my E3 fails to get renewed and I wind up back in Aus waiting for a consulate interview for my DV GC in Sydney. If that fails I suppose I will be back to zero but it seems like renewing my E3 in 2020 is not possible anymore.
 

SusieQQQ

Well-Known Member
Ok. I am going to ask the KCC to change my DS-260/redo it to reflect that I want to undergo CP, not AOS. This will serve as the backup plan if my E3 fails to get renewed and I wind up back in Aus waiting for a consulate interview for my DV GC in Sydney. If that fails I suppose I will be back to zero but it seems like renewing my E3 in 2020 is not possible anymore.
Why don’t you wait to get a clearer idea of when your number might be current?
 

Aidyn

Well-Known Member
Why don’t you wait to get a clearer idea of when your number might be current?
I agree with Susie, there is no rush to change to CP, give it a few months to see how the number progress - you might be surprised how quickly it moves this year and can process AOS without impacting your current status - not saying thats what will happen but no need for kneejerk reactions just yet, you have time to read and learn
 

Britsimon

Super Moderator
Ok. I am going to ask the KCC to change my DS-260/redo it to reflect that I want to undergo CP, not AOS. This will serve as the backup plan if my E3 fails to get renewed and I wind up back in Aus waiting for a consulate interview for my DV GC in Sydney. If that fails I suppose I will be back to zero but it seems like renewing my E3 in 2020 is not possible anymore.
Why don’t you wait to get a clearer idea of when your number might be current?
Susie is correct.

SLOW down.

You are panicking yourself into daft decisions. There is NO NEED to be so jumpy.
 
Ok. I am going to ask the KCC to change my DS-260/redo it to reflect that I want to undergo CP, not AOS. This will serve as the backup plan if my E3 fails to get renewed and I wind up back in Aus waiting for a consulate interview for my DV GC in Sydney. If that fails I suppose I will be back to zero but it seems like renewing my E3 in 2020 is not possible anymore.
Slow down there a bit. You have a long time to absorb all the information you need. You don't need to worry about it as much as you think you do. Seriously. I was exactly where you are this time last year. Just relax, take in the spreadsheet, learn of your options. First step is to wait for a few visa bulletins to come out, get a gauge on if your number will go current before your E3 expires, which is detailed on your i-94, not on your actual, physical visa.
 
October bulletin is out. Thumbs up to those looking forward to their interviews in October 2019 for DV 2020. Best wishes friends. Also, please share your experiences as its something exciting to look up to for the others to follow. Thanks
 
Thank you for the input. I only considered my number high because I am OC15XX and there are actually only about 1300 Oceania winners of 2020! But I suppose there must have been drop-outs (someone once shared the "holes"theory with me about DV winnings). I guess this is one of those wait and see kind of moments in my life. Whether to go through AOS or CP doesn't matter to me financially, really, but I think I'm going to consult a lawyer anyway. My fear is that if I don't get a GC, I may not have a valid visa to fall back on.
Hi I’m 18XX
 
Hey guys! Quick question for you all. I know we have to put in an address when filling in the DS260 and need one for our interview. Thing is, I’ve read on here that people have been putting in any valid address as no one knows where they’ll be living by the time they move to the US. Based on this, i’ve Just been putting in the address of the Aus embassy since I don’t know where I’ll be living yet. Now that it is approaching closer to my interview in early October, I feel like I need to put in a “real” address for my green card to be posted to and I did some research and read on the USCIS website that we have the option to pick up our green card at a post office. If this is the case and I would prefer to pick it up at a post office, how do I go about doing this in my DS260 form or what should I tell the case officer who is interviewing me?

Appreciate all your help
 
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