DV-2008 AOS from H4

[Glistenpearls]

Hello there,
Apologize in advance if this topic has been done million times, but i couldnt find the exact answer for my situation.

In the forms that I sent back to KCC, I have opted for BCIS, meaning I would like to adjust status here because I'm currently in the US with H4 (my husband is on H1B) and I found that it would not be practical (money wise) to do CP because that means I have to go back to Australia for interview, medical exam and so on.

Today I rang USCIS to confirm that with my H4 i can do AOS here (3mths ago when i rang, the lady said yes)--because I'm about to pay 375$ x 2 here.
2 different people I spoke to, one said I cannot do it meaning I have to go back to Australia to adjust , the second one, not sure of the answer. So confused right now.

Now, has anyone (past, current winners) were on H4 when winning the DV? Was it my mistake to put 'BCIS'??..if I knew I couldnt do it, I wont put BCIS in there.
Please share your experience if you do. Thanks so much!

 

[researcher29]

Hello. I was not in exactly the same situation as you, but perhaps close enough. I did AOS for DV2006, while I was in the US on an H1B. I was told that if you are legally in the US and in status, then you are eligible for AOS. You should verify this for yourself, of course. Anyway, a detailed account of my H1B AOS process can be found at
http://www.immigrationportal.com/showthread.php?t=223312

Your case number is on the high side, so you should seriously consider CP as an option. If DV2008 progresses similarly to the past few years, your number will not be current until July or so, at which point AOS will be tight (certainly possible, but also a little risky; my case was very clean and should have cleared quickly, and my number was current in April but my AOS was not approved until late Aug). Again, AOS could be fine but you'll have to be particularly vigilant in getting things moving in time for the Sep deadline.

Good luck to all.

 

[LucyMO]

Pearls,

what is your number approximately?

yes, you can do AOS from H4, but if your number is high, do CP. The prices for AOS are going up tremendously on July 30, so prices may be quite comparable to travelling to Australia.... Is your husband planning to get the DV GC with you?

Don't be surprized that the clerks at the National (mis)Information call center didn't know the answer...

 

[Glistenpearls]

Lucy, my number as in my signature, 14xx. Based on DV 2007, my number is supposed to be current June 2008.

Yes, I rang the national number and they have no idea!
Btw, my husband also in the process doing his GC through his workplace and we just found out yesterday through his lawyer that his number to do I-485 is current. So my guess it will be quicker now to tag him instead? Should I just abandon my DV??

Researcher29, thanks for the advice, much appreciated.