Adjustment of Status and F1 Visa : Need some advice

[darkelf]

Hello all,
I am currently on an F1 visa in the United States doing my post completion OPT which should end on January 2013. I recently got selected for the Diversity Visa 2013 and am planning to do an Adjustment of Status within the US once my case becomes current. Going by previous trends, I expect that to happen by sometime in November. However, my particular situation is rather complicated and I am worried there is a chance my Adjustment of Status will get denied. In such a scenario, can someone clarify which would be the best of two options:


1. Remain on my current F1 Visa and apply for OPT extension (based on STEM) at the end of November once I know what is happening with the AoS.

2. Another alternative is for me to ask my company to file for H1B for 2013 (and slots are getting over fast).

Questions:

1. If an Adjustment of Status gets denied, does a person have to immediately leave the country? In other words, could I still stay in the country on my F1 visa with OPT extension or on an H1B?


2. If not, does the fact that a Adjustment of Status was even filed signal intent to immigrate and lead to denial of F1 visa?


Thanks in advance

 

[Jackolantern]

1. If an Adjustment of Status gets denied, does a person have to immediately leave the country? In other words, could I still stay in the country on my F1 visa with OPT extension or on an H1B?

You can't stay and go back to F1 or OPT right after an AOS denial. But you can stay if you have maintained H1B status (which includes still working for the sponsoring employer and NOT using your EAD), unless the reason for AOS denial is serious enough to also cancel your H1B (e.g. criminal record, past immigration violations, etc.).

Now that you have been selected for the DV lottery, consider your F1 visa useless for re-entering the US after international travel, unless you withdraw from the DV program without filing for AOS.

 

[darkelf]

Thank you for your reply

You can't stay and go back to F1 or OPT right after an AOS denial. But you can stay if you have maintained H1B status (which includes still working for the sponsoring employer and NOT using your EAD), unless the reason for AOS denial is serious enough to also cancel your H1B (e.g. criminal record, past immigration violations, etc.).

OK. I don't have a criminal record or past immigration violations. The issue that I have is that my name at birth registered in the country based on which I am got the green card lottery is different from my current name. The documentation for a name change (done when I was a minor by my parents) is extremely shoddy and it was done with my country of citizenship. I am scrambling to figure out how on earth to fix this but it is going to be a hard process...

Now that you have been selected for the DV lottery, consider your F1 visa useless for re-entering the US after international travel, unless you withdraw from the DV program without filing for AOS.

I have no interest in doing international travel in the intervening period before I would get called for a Adjustment of Status interview (My case number is low so going by past visa bulletins, this should be in mid november or so). My main concern is what happens if the AoS gets denied.

 

[Jackolantern]

The issue that I have is that my name at birth registered in the country based on which I am got the green card lottery is different from my current name. The documentation for a name change (done when I was a minor by my parents) is extremely shoddy and it was done with my country of citizenship. I am scrambling to figure out how on earth to fix this but it is going to be a hard process...

How different is the name? Slight difference in spelling? Added a middle name? Or entirely different first and last names?

 

[darkelf]

How different is the name? Slight difference in spelling? Added a middle name? Or entirely different first and last names?

Well, so I never had a "last name" in my first two passports. It was more like FatherName XXYYYYY, and then it got changed to FatherName YYHYYY. Now, I have split it up so that it is YYYY and Father's Name is last name "Father Name". (Yeah, I know this is pretty confusing ).

E.g. Baggins HulkBaggins -> Baggins Bagins.
Now, it is is First Name: Bagins
Last Name: Baggins