Raj2494 Posted April 27, 2018 Report Share Posted April 27, 2018 Hi All,Good day. I worked in US from 2010 till 2014 on my H1B. I moved to AUS after getting my AUS PR in early 2015 and have an one year old son who is now an AUS citizen. 1. Can i come back to US with the H1B i have so that i can skip the H1B lottery queue?2. Can i apply for GC with my son's AUS citizenship, port my PD based on AUS nationality and get my GC sooner? PS i heard from one of my friend that this is possible. But just want to check with you all. ThanksRaj Link to comment
JoeF Posted April 28, 2018 Report Share Posted April 28, 2018 You can not use your son's citizenship. Link to comment
pontevecchio Posted April 28, 2018 Report Share Posted April 28, 2018 1. You should be able to reclaim the remainder 2 years of H1. Once you become an Australian Citizen, you are eligible for the E3 visa which you can look up. That gives you a lot of leeway. 2. Priority dates are based on your country of birth and not nationality. So NO. Link to comment
Shurap1 Posted May 9, 2018 Report Share Posted May 9, 2018 Unlike H1 visa, E3 is not dual intent visa so applying for GC on E3 visa can be problematic. Also chargeability goes by your country of birth and not by your or your son's country of citizenship. Read here for more details: https://www.murthy.com/2016/03/28/cross-chargeability-in-green-card-cases/ Link to comment
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