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Case Stories
⏳ EB-3 Worker Consular Processing Pending - NVC Stage with Active ESTA Travel
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⏳ **Case Status: Pending**
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Applicant is in EB-3 consular processing, awaiting NVC welcome letter to complete DS-260. Priority date recently became current, and applicant plans a short ESTA trip to the US before receiving NVC instructions.
Applicant is pursuing EB-3 via consular processing and is currently in the NVC queue awaiting the welcome letter to submit DS-260. They have a retained priority date from a previous sponsor. Since 2017, they have maintained a consistent ESTA travel pattern with trips under 80 days and gaps of 2-3 months between visits. The priority date became current unexpectedly fast, coinciding with a pre-booked 3-week ESTA trip. The applicant is concerned whether this ESTA entry could negatively impact their pending immigrant visa process.
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**[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1t22fyy/travelling_when_awaiting_eb3/)**
*Source: Reddit EB-3 search*
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*This post was automatically curated from online sources to share real case experiences with the community.*
Short ESTA trips during consular processing are generally permissible, but CBP officers have discretion to question travelers whose immigrant visa is pending — this is known as 'preconceived intent' risk. Applicants with a pending immigrant visa petition who enter on ESTA should be prepared to demonstrate the trip is temporary and non-immigrant in purpose. The NVC stage typically takes 2-6 months after DS-260 submission before an interview is scheduled, so a 3-week visit before DS-260 is even submitted carries lower risk than traveling after an interview is scheduled. Cases with retained priority dates (job portability) can face additional scrutiny if the sponsoring employer relationship is questioned during consular processing.