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Diversity visa VS F1 visa
- Thread starter airin
- Start date
Originally posted by airin
I won DV 2003, and I filed AOS in US. If somehow it doesn't work, will it jeorpadize my F1 visa status?
I appreciate your help
Hello Airin:
I think it will. Technicaly, when you get an F-1 visa you need to prove to the consular officer that you have intention to come back to your country. Once you are in USA and apply for AOS, how are you going to prove that you have an intention to go back to your country? Especially in your F-1 visa application you have state if you have applied to immigrate to USA. You can not lie on that forms, since your AOS data will go in to SAVIS system as well. This is my opinion. I like input from other members who read this bulletin board as well.
However, based on your previous private messages to me, I have a strong feeling that you will get your GC before september 2003.
Good Luck and don't worry too much about this matter on F-1. Get your interview scheduled.
Re: H-1B
I love to find out about that. do you have any reference on this dual intention for H1-B?
Originally posted by twchen
How about H1-B visa status?
I remember a person holding a H1-B visa can be with dual intention. So, if I fail the interview during the CP, can I still get a H1-B visa stamp to come back?
I love to find out about that. do you have any reference on this dual intention for H1-B?
Re: to pwdg
I do not know anything about case inquirement. So I can not help you. I hope some one who read this thread will answer and I also will be able to learn that. Sorry again.
Originally posted by airin
thanks again pwdg,
your information and supportive advice help me a lot.
Do you think it is ok to send case inquirement once in a week?
I do not know anything about case inquirement. So I can not help you. I hope some one who read this thread will answer and I also will be able to learn that. Sorry again.
Yes, that is correct. With H-1B status, you do not have to prove that you don't have any intention to immigrate to USA. (But still try to stay low-profile and don't tell them that you intent to immigrate since many interview officers are newly trained and probably did not know this)
A person can only stay in USA under H1B for 6 years unless he file for green card, therefore according to INS, H1B is the transition visa for you to apply for green card as soon as possible.
However during my last visit to Toronto Consular, they didn't ask many questions as they would for student visa. They just want to verify all the documents you brought is correct and you are not faking any documents. Since the INS has already approved your H-1B status, consular do not really bother to challenge that decision unless there's something suspicious (e.g. A person with US diploma can't speak english, or he needs to look at the paper to remember his company name, etc)
A person can only stay in USA under H1B for 6 years unless he file for green card, therefore according to INS, H1B is the transition visa for you to apply for green card as soon as possible.
However during my last visit to Toronto Consular, they didn't ask many questions as they would for student visa. They just want to verify all the documents you brought is correct and you are not faking any documents. Since the INS has already approved your H-1B status, consular do not really bother to challenge that decision unless there's something suspicious (e.g. A person with US diploma can't speak english, or he needs to look at the paper to remember his company name, etc)