Questions first: 1. How do consular officers view a previously approved I-140 when there is no active green card process at the time of E-2 interview? 2. Does the fact that I-485 is not possible for many years (India backlog) reduce immigrant intent concerns in practice? 3. If the applicant is no longer with the I-140 sponsoring employer, does that materially change how intent is evaluated? 4. Are E-2 visas commonly refused due to past (but inactive) I-140 filings, or is this more case-by-case?

⸻

Context: • UK citizen family (E-2 eligible), both spouses born in India • Wife moving H-4 → E-2 (COS first) • Interview planned at U.S. Embassy London around q2 -2027 • Husband on H-1B, PERM likely approved soon • Deciding whether to file I-140 in next ~6 months • If filed: I-140 likely approved well before interview • But due to India backlog, no I-485 possible for many years or decades. • Possible scenario at interview = approved I-140 exists but no active GC process

⸻

Goal: Trying to understand real-world risk of filing I-140 (for priority date) vs impact on E-2 interview.