AOS in process. DV 2003 notification from Kentucky for spouse. How does it help?

V

vtesl

Registered Users (C)
Hi.
My wife and me have our case in AOS for several months now. It\'s employment (I-140) based green card process and I\'m the one who\'s sponsored by the company, she\'s a dependant (family).

She received a notice, that she won #22123 (approx#) in DV 2003. Does it help our green card process, which is already at AOS stage?
 
Can we start a parallel AOS, so this time I\'m a dependent on her case or is it just impossible (say if I-140 is the reason for AOS (two separate ones - one for me, one for her) and since AOS started, it\'s per person and no difference at this (AOS) level for primary/dependant)?

On the same basis, primary/dependant, can we go fo Consulate processing?
(I know that if it would be me who won DV 2003, my AOS would be abandoned in Vermont SC, what about her?),

How this situation can be resolved, if I\'m laid off (and my employment based green card process is lost) and cannot find a new job immediately after?

Thanks.
Viktor.
 
you can start a parallel AOS or CP process, as long as you are not the primary applicant...

to the best of my knowledge, if you are the primary in the first process, you can be derivative in a parallel one. elsewhere in this forum, you will find cases where both spouses have parallel AOS cases through their respective employers, with the other spouse as their derivative. the only caveat for parallel AOS cases is that the same person cannot be the primary applicant in more than one AOS case. if INS finds such a case, that could be grounds for denial.

also, in this case, since DV cases are pretty much "no strings attached" (you don\'t need to be employed by any sponsor, etc.), you could quite safely go for consular processing as it is quicker, provided you have a valid AP from your current process - just in case. once approved, you could withdraw your current AOS case upon your return to the U.S.

another advantage to DV-based green cards is that you won\'t need to continue to be employed by your sponsor - you are pretty much free to do what you like once you enter the U.S. as a DV-immigrant.

IMPORTANT: i am NOT a lawyer, nor should you consider the foregoing as legal advice, or even a recommendation. please double-check with an immigration attorney before making up your mind.
 
if u have an H1 and employed then you don\'t need a sponsor

if not then you need a sponsor for DV case. I am not sure
if AOS helps instead of a sponsor while applying for CP. If it
is leagally ok to apply both CP and AOS as a primary applicant then
fine. the question can you applying both as a primary applicant?
Repost this topic on top at 485 asking to Jim Mills. He may have
some insights.
 
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