applied for H-1B, "won" DV-2008

[**Sean**]

So, I am in a very peculiar position. I graduated last summer, got a decent job, didn't get H-1B last year, and this year I am not sure yet if I made it through the lottery. And yesterday, I got the notification letter saying that I have been selected for the DV-2008 lottery.

My case number is AS000084XX.

Here are my questions which I hope somebody here will be able to answer.

1. If I get my H-1B and if I decide to go the AOS route, is there anything I need to do before my case number becomes current? As my number is in 8000's (Asia), I am guessing it will be March/April of 2008 until it becomes current. Do I need to inform KCC of my intentions of going AOS route before the number becomes current?

2. If I get my H-1B and if I decide to do it via the Embassy at home, the first step is to mail DS-230 and DS-122 to KCC, correct? Do I need to wait till the number becomes current for that as well? Or can I send the forms right now?

3. If I decide to proceed with the Embassy while living in the US on H-1B, how many times do I have to fly back? Is it only once for the interview? I have heard that it's faster in the Embassy, so I am trying to do a cost-benefit analysis.

4. I have read somewhere that if you are in the US and proceed with the Embassy for the DV, you fly back to the home country for the interviews and if for some reason you are denied the green card, your current visa status (H-1B) will also be terminated and you won't be able to come back. Is that true?

Thanks and I hope to get some replies!

 

[LucyMO]

Do I need to inform KCC of my intentions of going AOS route before the number becomes current?

you do

2. If I get my H-1B and if I decide to do it via the Embassy at home, the first step is to mail DS-230 and DS-122 to KCC, correct? Do I need to wait till the number becomes current for that as well? Or can I send the forms right now?

asap

3. If I decide to proceed with the Embassy while living in the US on H-1B, how many times do I have to fly back? Is it only once for the interview? I have heard that it's faster in the Embassy, so I am trying to do a cost-benefit analysis.

that is individual. Most people get their visas on the same or next day. SOme get stuck in administrative check.

your current visa status (H-1B) will also be terminated and you won't be able to come back. Is that true?

it's true for non-immigrant visas. For dual-intent visas (H1, L1) it is not true, if your GC denial is connected to your DV ineligibility. If you are denied because the consular officer suspects that you are lying to him, then you may face a life-long ban on entering the US. If there is a general inadmissibility problem (crime, contagious disease, etc.) you may face a temprary ban.

 

[**Sean**]

Thank you for your reply. I have one more question.

Should I wait till I get my H-1B decision (hopefully within a month now) before sending the DSP-122 and DS-230 to KCC. The reason I am asking is that I have heard if the processing for green card and processing of H-1B go side-by-side one of them will be dropped. Is that true?

 

[LucyMO]

The reason I am asking is that I have heard if the processing for green card and processing of H-1B go side-by-side one of them will be dropped. Is that true?

didn't I explain it clearly above? H1 is a dual intent visa. It has no bearing on your immigration, and your immigration has no bearing on processing H1.