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DV 2007, help needed

ekgman

New Member
Just recently received the NL, replied after some delay. Number is EU 11000+.

My situation is following:

Citizenship: canada (not the birth country)
legally in USA for 5 yrs now, H1B- I94 to expire in may 2007 (no more extensions) I have stable job and decent bank account
Occupation: physician, employed in USA for 5 yrs now
Married: spouse just filed for her PERM (labor certification)
I was told by KCC that my number will become current in April 2007.

My questions are following:


1. What are the chances of my number being later than April 2007 (so I could actually run out of my H1B time unless figure something out)
2. If I proceed with consular processing, how much time will I actually need off work ( in Canada for Medical exam, interview etc.)
3. If I do AOS, can I still stay and work in US after I file for AOS (if my non-immigrant visa expires); am I safe that I am good before September 2007
4. if everything goes ok with dates etc. what are really the chances of me being denied GC on different grounds (no arrests ,criminal record, ...)
5. should we proceed with Labor cert by all means or what I have is quite certain


I appreciate all the comments.
 
Beware I am not a lawyer and not an expert, but I think my answers will make sense.

1. It really depends on the cut off number of October 2006 for DV-2007. If it starts high then you probably have a very high chance of getting to start the interview before april 07.
2. They say it is an avg of 2 weeks for medical exam and the results to come back and also to get the interview. But if something goes wrong or you do not have all the papers, you can expect it to be more.
3. If your case number falls below the cut off number and you file for AOS, then you get EAD, at that moment you do not have to be afraid of your H1B expiration.
4. Very subjective and case on case basis. Just expect nothing and hope you get it.
5. ALWAYS continue labour certification. Being selected on DV-2007 does not mean you get the greencard. Having both at the same time will not harm any of these cases.
 
cut-off number?

thanks a ton for the reply. I do not understand the 'cutoff number' concept. I finally thought I got this situation figured... Is following correct though:

Do I have to wait until April (or whenever the number is current) for AOS too?
When does one get the EAD (how soon after filing for AOS)?
 
ekgman said:
thanks a ton for the reply. I do not understand the 'cutoff number' concept. I finally thought I got this situation figured... Is following correct though:

Do I have to wait until April (or whenever the number is current) for AOS too?
When does one get the EAD (how soon after filing for AOS)?
Every month, in Visa Bulletin (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_1360.html) they publish the cut-off numbers for that month, and for the next month. For DV-2006 EU11XXX was current in April 2006. For DV2007 it could be April 2007 or maybe sooner. You should follow the Visa Bulletin to know about it.
You have to wait until your number is current for DV2007.
After filing for AOS you would get your EAD in 2-3 month (assuming that you would file I-765 with I-485).
 
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