It occurs to me, not knowing anything about your immigration status beyond the information you provided above, that the issue you may be facing in respect to DV AoS is related to a tangible risk of your H1-B application to be possibly declined before you have a chance to file DV AoS, in which case you would have no basis to do so at that time. You mentioned that your original H1-B status expired in September 2015, i.e. 13 months ago? Have you been working since then?
Thank you for your reply.
No I don't. That is why I really want to switch the process to CP. I couldn't expect
it is taking that long and my lawyer is helpless. They always say all you can do is to wait...
Now I think I don't even need H-1B renewal if I can really switch to CP and the green card in Japan even if it takes several months.
So I wanted to know if my understanding is correct.