More details to this question:
What is the likeyhood of getting H1B visa at the consulate if I try to convert from E3 to H1B provided I have an approved petition. I can't think of any good reason to provide to Visa officer other than I have to apply for green card. Since H1B is a dual intent visa whereas E3 is non dual intent, is that going to raise the red flag?
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Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
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If you have an approved H-1B petition and are holding an E-3 at this time, there is every good possibility that you will be given the H-1B visa as long as there are no other questions of substance by the Consulate. It is a perfectly valid reason to switch over to H-1B that you wish to immigrate in the future. The H-1B visa as you point out is a dual intent visa which everyone including consular officers are aware.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jan 25th, 2015 at 6:53 AM