I've made the mistake of winning the DV lottery while on an E3; is there any chance I can keep from being deported for showing intent?

ajconway

New Member
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 though 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. Am I screwed, or is there a way around this?

Timeframe so far:
May 2019: win DV lottery, case number OC15XX (high for the Oceania region). File DS-260, stating I plan to do AOS since I'm already in US.
May 2020: E3 expires. I've shown intent now, so I'm screwed.
July/August 2020: Based on last year's data, 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 I have no idea if this is possible, or if the DS-260 can be withdrawn entirely, or if this helps me in any away.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, which allows dual intent. I have a PhD and work in medical research 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.
 
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 though 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. Am I screwed, or is there a way around this?

Timeframe so far:
May 2019: win DV lottery, case number OC15XX (high for the Oceania region). File DS-260, stating I plan to do AOS since I'm already in US.
May 2020: E3 expires. I've shown intent now, so I'm screwed.
July/August 2020: Based on last year's data, 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, which allows dual intent. I have a PhD and work in medical research 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.
Hey there! I would be interested to know how this worked out for you in the end?
 
Hey there! I would be interested to know how this worked out for you in the end?
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 though 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. Am I screwed, or is there a way around this?

Timeframe so far:
May 2019: win DV lottery, case number OC15XX (high for the Oceania region). File DS-260, stating I plan to do AOS since I'm already in US.
May 2020: E3 expires. I've shown intent now, so I'm screwed.
July/August 2020: Based on last year's data, 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, which allows dual intent. I have a PhD and work in medical research 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.
I'm also interested to hear how this panned out.
 
I'm also interested to hear how this panned out.
Nonimmigrant intent. An alien classified under section 101(a)(15)(E) of the Act shall maintain an intention to depart the US upon the expiration or termination of E–1 or E–2 status. However, an application for initial admission, change of status, or extension of stay in E classification 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

214.2(e)(2)(5)
 
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