Move to Australia from US?

Hi Anil,
This is very subjective question, but want to know your views as you know both about H1B/GC and Australian PR.

I recently got my H1B extension which will max-out in Feb’21.

However my GC processing has not started yet but I am trying for it. I will be 40 soon.

My question is given the HR 1044 and kind of support it is getting can people like me still hope for a GC in US?

Or you think Australian PR is a safe bet. I am keen to know your thoughts on this. Thanks.

Hi @donphxsam

Unless the US Immigration law is changed, you have no chance of getting US green card in your lifetime.

The HR 1044 and similar Green card country limit removal bills have been going around for last 10 years and have not seen the light of day.

So, my suggestion is to apply for either Canada or Australia PR while you are still Eligible.

If you reach 40, Australia and Canada will also be difficult due to the ever increasing points requirement.

At this time, the Senate has blocked the Green card country limit removal bill (S386) and as such, the chances of passing it have dropped to just 10%.

Even if HR1044 passes in house this week, it will be blocked in Senate anyway as Rand Paul has objected to S386 there.

I do not suggest to rely on US at this time.

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Thank you so much Anil for your frank opinion.

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hi Anil,
I have a follow-up question on this.

Suppose if a person on H1B gets his I-140 and later moves to Australia. After getting Australian passport can that person come back to the US on E3 visa? Can USCIS deny E3 visa because that person has I-140? Here I am considering E3 visa as it is much easier than H1B processing.


Hi @donphxsam

E3 is not a dual intent visa like H1B. But, as per law, E3 cannot be simply denied on the basis of approved i140.

I do not think that there should be any issue in doing what you plan to do.

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Thank you for the response, Anil.