Dual intent with H1B or other work visa (that I MIGHT get in future)

[immikraemer]

Hi everyone

My civil partner (GF) and I are planning to play the DV lottery for the first time this year.

I also have a job that might allow me to do a secondment/exchange program with one of my company's clients within the next few years (probably NOT one of our own offices). I am not sure which visa I would get for that but would assume H1B? In any event, the plan would then be to somehow turn this into a permanent position.

The only visa I have had so far was F1. For the rest, I travel on ESTA. I am a bit worried that if I don't win the DV lottery (not really counting on it, our country's stats are around or less than 1%), the fact that I participated will impact negatively any application for another (H1B?) visa I might file at some point because it would show immigrant intent. However I read somewhere that you can now have dual intent with this type of visa (keeping in mind that I'm not sure if H1B would actually be the visa I would get in my situation).

My chances for doing such an exchange are not bad. We have a strong US network as a company and I have a Master's from Stanford University (not STEM unfortunately). Is participating in the Green Card lottery too big a risk in my situation (as my chances of winning are close zero anyway)?

Does anyone here have any experience with this? Should I call my local embassy?

Thanks
ik

 

[Britsimon]

I was a DV2014 winner (actually my wife was the selectee - but same issues) and at the same time I was progressing an H1 application. In the end we came to the USA a year ago on the H1, and then converted (adjustment of status) to the GC in September. There are no issues of any of that. H1 is a dual intent visa as you mentioned which basically means they are not concerned with evidence that suggests you intend to emigrate at some point in the future. Most other visa types are NOT dual intent visas - but then "intent to immigrate" is assumed in those visa applications anyway. In those cases you need to demonstrate ties to the home country that show you intend to return home at the end of your visa stay.

Basically I would say don't worry about entering the lottery. Entering is like buying a lotto ticket to will millions of dollars. The tax man doesn't expect you to pay the taxes on the millions just because you purchased the ticket. It is only when you win that you have to pay the tax. Same thing with visas and DV. Entering is no issue. Being selected is still no issue (because you have no control over that). However, starting the DV process after being selected (submitting the application forms) is the point at which you have demonstrated intent - but you can make that decision if you are ever in that position....

In terms of the visa for the scenario you describe, you might fit into the H1 visas, you might also fit into an L1. The third party aspect makes me think H1 more than L1, but in any case you will have to be clear about who will be paying you, what the contract need involves and so on.