"An application for initial admission, change of status or extension of stay in E-3 classification, however, may not be denied solely on the basis of an approved request for permanent labor certification or a filed or approved immigrant visa preference petition."
So, you can enter the DV lottery, or apply for an employment based green card. But you still have to be able to prove you intend to return to your home country at your next E3 interview which is something you have to do anyway but I guess it would be a bit harder than if you had no GC applications.
That's great to know. You probably just saved me and my wife a few grand and a lot of hassle bouncing in and out of the country! This is a great visa, but it seems (to me, at least) like they rushed thru defining some parts of it.
How long did it take to hear back from USCIS about changing your E3 to a new employer? I've heard it can take months in the worst case, or weeks in the best case. I long thought that bouncing out of the country and getting a new visa would be easier and I've heard of people doing that when changing employers. I'm guessing you either had a flexible new employer who was prepared to wait for you, or that waiting to hear back from USCIS isn't even necessary - you're actually allowed to start work for your new employer as soon as the LCA is approved?
BTW there appears to be no link to your site from your blog.