E-3 Visa vs demonstrating NON-IMMIGRATION intent

Saahil Shah

New Member
Hi,

I am an Indian born, Australian Naturalized citizen, living in Australia.

I'll give details in timeline for easy reading.

2005 - Entered US on H1B
2010 - Applied GC PERM (**Employer A**)
2010 - ***i140 approved.*** *Currently i140 is in approved status*. Priority date not current yet.
2011 - Migrated to Australia
2016 Feb: - Became Australian Citizen
2016 Apr: - Applied GC PERM (***Employer B***)
2016 May: - Want to apply for ***E3 visa*** with **Employer B**

Deloitte is planning to get my E-3 visa processed and for the time being, my ONLY concern is to get my E-3 visa approved (not too much concerned abt GC).

My 2 questions are:

1. Would my 6 year old Green Card application be taken as intent to migrate - by the US Consulate or at PoEntry and result in denial of E-3 visa? Should I even apply for E-3?

2. Given that my Aus citizenship is only 2 month old, would that cause an issue in getting the E3 Visa. What are the challenges I should be prepared for, if I apply for E3 visa.?


Thanks,
Sahil
 
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