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DV 2014 AOS Only

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I am one of the DV2014 lucky winners and I am currently in H1B expiring in July 2013. I already got my H1B extension to July 2014, I am going home to visit my family in September and I had to renew/restamp my H1B to come back here. Can I send my documents to KCC now saying I'd apply AOS? Does it effect the H1B renewal? or should I wait until I get H1B restamped? My case # is 10XXX and most probably it is going to be current in December/January so I don't wanna waste my time to hear back from KCC. Any advice?

In theory, your H1-B visa should not be affected by DV. Be careful when you fill the visa forms though, you have to disclose that you won the DV lottery. Hiding facts will get you permanent ban. I would send DSP122 after coming back in order not to complicate matters, but that's me.
 
In theory, your H1-B visa should not be affected by DV. Be careful when you fill the visa forms though, you have to disclose that you won the DV lottery. Hiding facts will get you permanent ban. I would send DSP122 after coming back in order not to complicate matters, but that's me.

So, you are saying that disclosing the DV lottery case even if I decide to send DSP122 after I am back. I think my case number is small and most probably it will be current in January. What is the average response time after I sent my DSP122 to KCC? I am planning to be back on Sep 20ish.
 
So, you are saying that disclosing the DV lottery case even if I decide to send DSP122 after I am back. I think my case number is small and most probably it will be current in January. What is the average response time after I sent my DSP122 to KCC? I am planning to be back on Sep 20ish.

Well, they actually already know you won the lottery. If you don't tell them, CO will think you are up to no good and you'll get in trouble :) Avg. response from KCC could be something like 4-6 weeks. So you'll have plenty of time until January. Your case number looks good, so you will be OK.
 
The short and long response is: Don't send in your DSP-122 till you come back from your trip. Get your H1 visa stamp, come back into the US. Practice the don't ask, don't tell policy when you go for the visa stamping. If they don't ask about DV selection, don't volunteer the information. Same thing at your point of entry.

So, you are saying that disclosing the DV lottery case even if I decide to send DSP122 after I am back. I think my case number is small and most probably it will be current in January. What is the average response time after I sent my DSP122 to KCC? I am planning to be back on Sep 20ish.
 
I'm probably getting paranoid in here but I have a H1-B related question. I found out today that my H1-B petition is approved and it will take effect on October. My DV case number is 2014AS000059xx and my country's quota has been pretty high in the past years. I also have no plan of leaving the country.

I think I can start the process of sending DSP-122 right? reading the posts in here, I don't think I need to wait for my H1-B to take effect and I can start the process after this approval. Am i right?
 
I'm probably getting paranoid in here but I have a H1-B related question. I found out today that my H1-B petition is approved and it will take effect on October. My DV case number is 2014AS000059xx and my country's quota has been pretty high in the past years. I also have no plan of leaving the country.

I think I can start the process of sending DSP-122 right? reading the posts in here, I don't think I need to wait for my H1-B to take effect and I can start the process after this approval. Am i right?

Yes, you should be fine. Is your OPT new? Did you get it this year? It would be safe to wait 90 days after one obtains OPT before taking any steps towards immigration.
 
Help

I just know that my confir.number chosen for further processes
1)Will i receive any letter from KCC to inform me what to do next and send the applications to fullfill?
2)Should i complete the DS-122 and DS-230 then mail them with other requirments like photos and case number and bar code that i printed from the site?
3)How should the place of birth written?as pass port?as birth certificate village,city,country in all gaps that ask me about place of birth?
4)DS-230 #31a and #31b my wife is the applicant so,i answer in 31a with yes,my name and my son's name or just answer yes?
5)DS-230 #2other names used?for my wife the maiden name is the same now without change so i write her name as in passport?
6)#29 DS-230 we have only one kid 1 year old the gaps below should i leave it as blank or what?
7)We work in a hospital belongs to the ministry of health so, what should the name of employer?
8)#33 Ds-230 what should i write in the course of study in Primary,Prep and Secondary school?
9)I don't have a professional association should i write N/A?
Thanks
Sincerely
 
This is going to be my third time H1 extension, they don't ask me to show up in person luckily. I send my documents and thats all. Thanks anyway, I'll listen your valuable suggestions.

The short and long response is: Don't send in your DSP-122 till you come back from your trip. Get your H1 visa stamp, come back into the US. Practice the don't ask, don't tell policy when you go for the visa stamping. If they don't ask about DV selection, don't volunteer the information. Same thing at your point of entry.
 
Yes, you should be fine. Is your OPT new? Did you get it this year? It would be safe to wait 90 days after one obtains OPT before taking any steps towards immigration.

Thank you so much. I got my OPT on late December 2012 so I'm already past 90 day mark.
Thank you again for your help.
 
The short and long response is: Don't send in your DSP-122 till you come back from your trip. Get your H1 visa stamp, come back into the US. Practice the don't ask, don't tell policy when you go for the visa stamping. If they don't ask about DV selection, don't volunteer the information. Same thing at your point of entry.

Sm1smom, is there any problem regarding H1 visa renewals and DV? I'm all for "don't volunteer information", but in the visa application, there is a question about whether the applicant has taken any steps for immigration before, and even though technically there is no application until one sends the I-485, it is best to tell them about winning lottery.

I know people who were told by the CO during their nonimmigrant visa interview that they have entered (not won, entered!) lottery before. So consulate does know. They still ended up getting their nonimmigrant visa, but they had to tell CO that they have no intention to immigrate. Since H1 is dual intent, my guess is there would not be a problem regarding DV.
 
I just know that my confir.number chosen for further processes
1)Will i receive any letter from KCC to inform me what to do next and send the applications to fullfill?
This thread is for people who are already in US on a visa, if that does not apply to you, this thread is not the right place for you. And posting the same questions to multiple threads is not nice.
 
I have another question related to "Intent" that I'm hoping someone can help me with.

I was selected in the 2014 lottery with number OC1xxx, which for 2013 will be current in June.

My family and I are currently here on E3 visas, which for those not familiar with it is also a temporary non-immigrant Visa that is not dual intent. Our visas have expired, but we are still in status as our I-94s don't expire until July 2014.

Based on what I have been reading the last few days (and thanks to everyone here for all your advice, I have learnt a lot!), I could simply submit my DSP-122 now and wait until my number comes up in (hopefully) June 2014, then submit for AOS. As long as the AOS request is submitted before July, we won't fall out of status. The risk is then that if for whatever reason we don't get the GC, we will then be out of status and have to leave the country. If we were then to reapply for the E3 from our home country we would probably be rejected based on intent since we applied for the GC by AOS.

So a less risky route is to renew our E3 visas now. To do this we need to leave the country and reapply for E3. IF we get it, it will be valid for 2 years. Then we can come back to US and get new I-94s, which should also be valid for a further 2 years if all goes well at POE. We can then apply for AOS when my CN becomes current and if we don't succeed we will still be in status.

What I am worried about is, what happens if someone questions why we have gone to the trouble and expense to leave the country to renew our E3 visas when we still have 14 months validity on our I-94s? We will also need to disclose that I have been selected in the DV lottery (or as has been said, they will already know this). It seems to be a pretty obvious conclusion that the only reason we are renewing E3 now is because we intend to apply for AOS for GC in the near future, which disproves our intent, and means our E3 applications will be rejected.

Does anyone have any thoughts on this? Thanks

I'm in tears. This is somebody who actually has read and understood the ramifications described in the previous posts. Thank you.

Granted I'm not familiar with E3 visa, but as long as it is nonimmigrant, you are correct in your worries. First, nobody will ask you why you renewed your visa; if you go to your country, say for vacation, and you want to come back, you'll need a visa regardless. The problem is, when you apply for the visa, the US consulate in your country will know that you won the lottery, and there is a very good chance they will not issue you a visa. So you can stay here and apply for AOS but then if you run out of time before your case is current, you'll have to leave.

If I were you, I would wait until I have a feeling for case number progression and if it looks like I won't make it here, I'd opt for CP and when the time comes, I'd leave for my country to do the DV interview. But you need to understand that if you do not get the GC (because all visas are gone by then), you are not coming back to US any time soon.
 
Hi everybody,
I have 2 problems, maybe someone been through that before. Any help is welcome!

1. I`m a DV2014 selectee from Europe but right now I`m a F1 student in USA (this visa is valid for the next few years). Want to apply through consular processing because I heard it goes a little bit faster, and not through AOS. The potential problem is that this summer will be in Europe, in my home country, and will send the documents to KCC from there. Will I have a problem to re-enter in USA in august if my F1 is a non-immigrant visa and applying to DV for a green card means that I`m applying for an immigrant visa? I`m saying that because I know for sure that winners of DV lottery with F1 student who applied for an adjustment of status (AOS) and left temporarily USA - they needed an advance parole (AP) document before leaving USA. I think my situation is somehow similar...

2. One of the letters in my first name is different than in my birth certificate, and my high school diploma. Will I get into trouble because of that? I specify that my name on the DV lottery is the same as in my passport...is just the fact that one letter from my first name is different in my birth certificate and high-school diploma.

Thank you!
 
The potential problem is that this summer will be in Europe, in my home country, and will send the documents to KCC from there. Will I have a problem to re-enter in USA in august if my F1 is a non-immigrant visa and applying to DV for a green card means that I`m applying for an immigrant visa?
Yes you will.

2. One of the letters in my first name is different than in my birth certificate, and my high school diploma. Will I get into trouble because of that? I specify that my name on the DV lottery is the same as in my passport...is just the fact that one letter from my first name is different in my birth certificate and high-school diploma.
Chances are name in passport will save you. I'm assuming this is one of those letters with accent or something?

Look at the previous pages about things F1 holders need to know regarding status, intent, travel, etc.
 
Yes you will.


Chances are name in passport will save you. I'm assuming this is one of those letters with accent or something?

Look at the previous pages about things F1 holders need to know regarding status, intent, travel, etc.


Thank you aos13. "Yes you will" mean than yes, I do have a problem to re-enter in USA? Thank you again.
 
Thank you aos13. "Yes you will" mean than yes, I do have a problem to re-enter in USA? Thank you again.

Let me modify that, you may have a problem. You have the visa and it's good for couple of years, so you don't need to renew it, which means you won't deal with the consulate. That's good. But when you come back, passing through the immigration, you may be denied entry. I wouldn't send the DSP-122 until I come back.

It is very unlikely that the officer at the airport will know that you won the lottery, but it is likelier that they will know if you sent the DSP-122. In any case, in the very unlikely case you are questioned by the officer at the entry about your lottery, or immigration intentions, do not lie even if that means you are going back on the next plane.
 
Sm1smom, is there any problem regarding H1 visa renewals and DV? I'm all for "don't volunteer information", but in the visa application, there is a question about whether the applicant has taken any steps for immigration before, and even though technically there is no application until one sends the I-485, it is best to tell them about winning lottery.

I know people who were told by the CO during their nonimmigrant visa interview that they have entered (not won, entered!) lottery before. So consulate does know. They still ended up getting their nonimmigrant visa, but they had to tell CO that they have no intention to immigrate. Since H1 is dual intent, my guess is there would not be a problem regarding DV.

Aos,

I believe your understanding and interpretation as given above is correct. However, in this OP's case (if I'm not mistaken), he already has the H1 visa approval from USCIC. He just needs to undergo stamping from the US embassy in his home country since he's travelling out of the States to facilitate his re-entry. He wouldn't have needed to under-go stamping if he wasn't travelling out. So he's not filling out a visa application per se in my opinion (but then, I could be wrong) hence my don't ask, don't tell policy. Of course if he's pointedly asked about wining the lottery in the process of getting his passport stamped, it is in his best interest to own up to the fact.
 
Thank you aos13. "Yes you will" mean than yes, I do have a problem to re-enter in USA? Thank you again.

Let me modify that, you may have a problem. You have the visa and it's good for couple of years, so you don't need to renew it, which means you won't deal with the consulate. That's good. But when you come back, passing through the immigration, you may be denied entry. I wouldn't send the DSP-122 until I come back.

It is very unlikely that the officer at the airport will know that you won the lottery, but it is likelier that they will know if you sent the DSP-122. In any case, in the very unlikely case you are questioned by the officer at the entry about your lottery, or immigration intentions, do not lie even if that means you are going back on the next plane.

Let me add to this: In addition to not sending in DSP-122 while still outside of the country, make sure upon your return, you don't have any document in you hand lugagge that can easily give away your DV wining selection or the fact that you're planning to do AOS when you return. If you must have any such document with you, you might want to pack your stuff with care (hey, I'm not asking or teaching you to smuggle, ok? :rolleyes:)
 
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