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Question

I'm an Indian, I entered the US on L1B in 2010 with Employer A In 2014, I switched to H1B with Employer B Employer B Initiated I140 and PD is May/2015. 2016 Dec, I moved to Australia (As PR) Now (2022) I'm an AU citizen and I am willing to return to the USA for work. I see two options available for me to enter the USA. Option #1 - Using E3 Visa Option #2 - Using H1b (based on approved I140) My Question: #1. I'm considering using E3 as an option However, I'm having concerns about whether my old approved I140 will cause any issue with E3 approval and stamping? because E3 is a visa with a non-immigrant intent (whereas I already have I140 approved for me) #2. In case getting E3 Visa is not an issue and if I enter the USA on E3 Visa. 1) Do I have the option to switch to H1b (When my priority date becomes current) to pursue Green Card? 2) If I come to the USA on an E3 visa thru my old employer (who has I140), Can he directly file I485 (Adjustment of status) without switching to H1b when my PD becomes current So, I'm looking for the best option for me to re-enter the US and I should be able to get Green Card once my priority date becomes current.

User's Location: Melbourne, Australia

Category: Employment-based Green Card