DV09Winner
New Member
First, she has to answer "yes" even if she only participated in the lottery, not even necessarily won it.
Second, H-1 visa is a dual intent visa. Even if you have a much stronger immigrant intent (like submitted I-485 or DS-230), you cannot be disqualified from H-1 because of that. Another visa with dual intent is L-1. Dependents of H-1 and L-1 have dual intent too. Between pure dual intent visas and pure nonimmigrant intent visas there is a wide spector of visas, that all have various degrees of tolerance to immigrant intent. For instance, K-visas and O-1 visa are almost pure dual intent visas. E-1 and E-2 visas are also close to the high end of the spector.
Raevsky is right. With H1 visas the consulate can't disqualify you because you show immigrant intent. In fact the vast majority of H1 holders have an immigrant AOS petition filed in one category or another.
Thank you guys for your help
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