Hello @
Sm1smom
My situation:
- we are in the USA
- I am currently on L-1 grace period (was laid off two weeks ago)
- I have started AoS last summer as NIW, so I have EAD, but I have not used it, so I am still on "non-immigrant status"
- My wife was selected for DV-2020 which we considered as a back up, but now it might become the primary option (as it became current from June and I might not be able to find "similar to previous" job to satisfy NIW criteria)
Questions:
Q1: do you know if my wife can file AoS for her DV case if we are on L-1 grace period? I am aware that we need to pull out my NIW case first if we do that, but I am not sure if the grace period gives me the rights for AoS.
Q2: after the grace period is over we will automatically become "immigrants" with pending NIW AoS. Do you know if we can switch from NIW (my case) to DV (my wife's case)?
Many thanks for you help! Stay Safe!