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out of status H1B and won Diversity lottery help!!!

Q

questionz

Registered Users (C)
Hi,

I have been selected for the Green Card Diversity lottery and have some questions:

I have been working for the past 6 years on a H1B visa and have been laid off in March.
I am currently out of status, my H1B has expired, but I have an approved extension I797A form and I-94 untill October 2010.
I am planning to return to my home country July 31 (at that point I will be out of status for 4.5 months, but have not aquired unlawful presence).

1- Is my Green card application/approval in jeopardy by being out of status?
2- Is it possible to have my status adjusted and proceed inside the United States?
3- Do I increase my changes to obtain approval if I return as soon as possible to my home country instead of waiting until July 31st?
4- Is it possible for me to travel to the US on a tourist visa while waiting for a
response from the consular center?
5- Overall, what would be the recommended approach to give the best chance of approval?

Thanks in advance!
 
That's cool :cool:

It would be great if I am not, because perhaps it will allow me to change status and remain in the US and proceed with the process.

Thanks for your responses :)
 
questionz said:
Hi,

I have been selected for the Green Card Diversity lottery and have some questions:

I have been working for the past 6 years on a H1B visa and have been laid off in March.
I am currently out of status, my H1B has expired, but I have an approved extension I797A form and I-94 untill October 2010.
I am planning to return to my home country July 31 (at that point I will be out of status for 4.5 months, but have not aquired unlawful presence).

1- Is my Green card application/approval in jeopardy by being out of status?
2- Is it possible to have my status adjusted and proceed inside the United States?
3- Do I increase my changes to obtain approval if I return as soon as possible to my home country instead of waiting until July 31st?
4- Is it possible for me to travel to the US on a tourist visa while waiting for a
response from the consular center?
5- Overall, what would be the recommended approach to give the best chance of approval?

Thanks in advance!
Click to expand...


when and which region did you receive your NL ?
 
questionz said:
It would be great if I am not, because perhaps it will allow me to change status and remain in the US and proceed with the process.
Click to expand...

You are out of status and cannot adjust status based on a DV win. However, you are not accumulating illegal presence that counts towards the 3/10-year bars, and this should not preclude consular processing of your DV immigrant visa.
 
TheRealCanadian said:
You are out of status and cannot adjust status based on a DV win. However, you are not accumulating illegal presence that counts towards the 3/10-year bars, and this should not preclude consular processing of your DV immigrant visa.
Click to expand...

I figured that was the case. My understanding is that although either is not good, out of status is not being penalized and unlawful presence is.

Any thoughts on me being able to enter the US on a tourist during the process of hearing back from the center?
 
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