• Hello Members, This forums is for DV lottery visas only. For other immigration related questions, please go to our forums home page, find the related forum and post it there.

DV lottery selectee wants to apply for H1B

F

filozof

New Member
Hello everyone

I have strange question and maybe someone could help me. I have been selected in DV 2014 with quite a high CN EU41*** , I know that chances are low but still... anyway, in the meantime I got opportunity to apply for H1B work visa and go to the USA to work. I know that if I will apply for H1B now I will have bigger chances for getting it on the June 2014 and if I will be chosen, the first date I could start work there would be October 2014.
And now my question: if I will apply right now for the H1B visa will it create some conflict with my DV lottery ? The chances for green card are low but there is still hope and I wouldn't like to ruin it.
Please help :confused:
 
filozof said:
Hello everyone

I have strange question and maybe someone could help me. I have been selected in DV 2014 with quite a high CN EU41*** , I know that chances are low but still... anyway, in the meantime I got opportunity to apply for H1B work visa and go to the USA to work. I know that if I will apply for H1B now I will have bigger chances for getting it on the June 2014 and if I will be chosen, the first date I could start work there would be October 2014.
And now my question: if I will apply right now for the H1B visa will it create some conflict with my DV lottery ? The chances for green card are low but there is still hope and I wouldn't like to ruin it.
Please help :confused:
Click to expand...

I am in the same/similar situation. I have an H1-B application being processed currently. There is no problem with doing that at all. The H1-B is a temporary visa (and for most temporary visas you cannot have intent to immigrate to the USA), however, it is one of a few types of visa that allow "dual intent" - i.e. you can apply for the temporary visa even whilst you have a legal permanent resident application (like the DV win) ongoing.

For other types of visa, the problem is with the tempoary visa, not the LPR application - so no matter what temp visa you apply for it cannot normally be an issue for the LPR application, but the LPR application can impact the temp visa application.

FYI, your case number is high, but in my opinion it is not impossibly high. The highest EU numbers for DV2014 are over 55K, so although you would not get an interview until quite late in the process, you may not be needing that H1-B. Since the H1-B application is fairly complex and requires a job offer etc, it is generally costly and difficult to obtain, so you may even be wasting your time/and the employers money on that application, but I understand the desire to hedge your bets.
 
britsimon said:
I am in the same/similar situation. I have an H1-B application being processed currently. There is no problem with doing that at all. The H1-B is a temporary visa (and for most temporary visas you cannot have intent to immigrate to the USA), however, it is one of a few types of visa that allow "dual intent" - i.e. you can apply for the temporary visa even whilst you have a legal permanent resident application (like the DV win) ongoing.

For other types of visa, the problem is with the tempoary visa, not the LPR application - so no matter what temp visa you apply for it cannot normally be an issue for the LPR application, but the LPR application can impact the temp visa application.

FYI, your case number is high, but in my opinion it is not impossibly high. The highest EU numbers for DV2014 are over 55K, so although you would not get an interview until quite late in the process, you may not be needing that H1-B. Since the H1-B application is fairly complex and requires a job offer etc, it is generally costly and difficult to obtain, so you may even be wasting your time/and the employers money on that application, but I understand the desire to hedge your bets.
Click to expand...

Hey Simon, I didn't realize you had an H-1B petition going as well. :)

The bold-faced part doesn't apply to the OP, but for the record I don't think this is entirely true. Applying for a non-immigrant visa or benefit (such as OPT) while having an immigration intent is considered immigration fraud. Not only it may impact the immigration case, but the person might also be prosecuted and barred from entry to the US.

If the OP has a job offer, there's not wrong with pursuing the H-1B visa. H-1B is an employer sponsored visa and the law requires that all the expenses be paid by the employer. If he has an employer willing to go that route, I would advise him to do it and avoid putting all his eggs in one basket.
 
c1984 said:
Hey Simon, I didn't realize you had an H-1B petition going as well. :)

The bold-faced part doesn't apply to the OP, but for the record I don't think this is entirely true. Applying for a non-immigrant visa or benefit (such as OPT) while having an immigration intent is considered immigration fraud. Not only it may impact the immigration case, but the person might also be prosecuted and barred from entry to the US.

If the OP has a job offer, there's not wrong with pursuing the H-1B visa. H-1B is an employer sponsored visa and the law requires that all the expenses be paid by the employer. If he has an employer willing to go that route, I would advise him to do it and avoid putting all his eggs in one basket.
Click to expand...

Yeah your paragraph two is exactly what caused me to put the "normally". Depending on timing etc and whether someone is dishonest then yes I agree, it could bring up a fraud issue. However, that is only a problem if the applicant is dishonest. If they apply for a temp visa and declare their immigration intent they may still get the temp visa and as long as they have been honest there are no issues for the LPR application. The temp visa application would then have a chance of success if they can show ties to their home country that would be in place up to the LPR process. However, again - it is the lying (or not full disclosure) that would screw them up.

As you say, the H1 expenses are paid by the employer so that isn't an issue so as I said he is only risking his time and the employers money. So yes I agree it is worth it given his number is on the cusp.
 
c1984 said:
The bold-faced part doesn't apply to the OP, but for the record I don't think this is entirely true. Applying for a non-immigrant visa or benefit (such as OPT) while having an immigration intent is considered immigration fraud. Not only it may impact the immigration case, but the person might also be prosecuted and barred from entry to the US.

.
Click to expand...

It's only fraud if the intent is hidden, as Simon has said. I have successfully applied for a B1/B2 with an immigrant (family) petition in process but declared it (and naturally had a little discussion about it with the CO :) who issued me the visitor visa), and I have since been issued a DV immigrant visa. The only problem that could occur is if you lie to them.
 
SusieQQQ said:
It's only fraud if the intent is hidden, as Simon has said. I have successfully applied for a B1/B2 with an immigrant (family) petition in process but declared it (and naturally had a little discussion about it with the CO :) who issued me the visitor visa), and I have since been issued a DV immigrant visa. The only problem that could occur is if you lie to them.
Click to expand...

Well put (much more clear than my answer!).

Of course, declaring the intent could easily kill the temp visa application - but in these matters and always in life, honesty is the best policy
 
I agree that what constitutes immigration fraud is to provide false information, not the mere intent. In the non-immigrant visa application forms you are asked whether anybody has petitioned a green card on your behalf. So there is no room for "not volunteering to share the information if not asked."

Susie, I find your experience quite surprising though. I will start using it as an anecdote that these things can happen :). I think the immigration officer should have had solid evidence to support that he was convinced you wouldn't overstay your visa.

Usually, an intent for immigration is enough to kill the non-immigrant visa application, as Simon pointed out. I have seen people being refused a non-immigrant visa (mainly F-1) for the mere fact of having a US citizen or Green Card holder sibling!
 
c1984 said:
I agree that what constitutes immigration fraud is to provide false information, not the mere intent. In the non-immigrant visa application forms you are asked whether anybody has petitioned a green card on your behalf. So there is no room for "not volunteering to share the information if not asked."

Susie, I find your experience quite surprising though. I will start using it as an anecdote that these things can happen :). I think the immigration officer should have had solid evidence to support that he was convinced you wouldn't overstay your visa.

Usually, an intent for immigration is enough to kill the non-immigrant visa application, as Simon pointed out. I have seen people being refused a non-immigrant visa (mainly F-1) for the mere fact of having a US citizen or Green Card holder sibling!
Click to expand...

There was someone else here who had the same experience as Susie - I think theirs was an F1. I'll see if I can find it - but I think it depends on the case being presented. Someone with a family, job, home and so on would be able to show significant ties to their own country and that would be helpful in showing that they had the intent to immigrate one time - and only when LPR timing allowed.
 
britsimon said:
There was someone else here who had the same experience as Susie - I think theirs was an F1. I'll see if I can find it - but I think it depends on the case being presented. Someone with a family, job, home and so on would be able to show significant ties to their own country and that would be helpful in showing that they had the intent to immigrate one time - and only when LPR timing allowed.
Click to expand...

This is correct Simon. F1 and other non-immigrant visas will not outrightly be denied simply because the applicant has demonstrated an immigrant intent in the past or has LPR/USC siblings/parents. Admittedly, such applicants undergo extra scrutiny, but once they can demonstrate sufficient ties to their home country to convince the CO of their intent to return home at the end of their visit, they should be okay. An inability to demonstrate a strong tie to their home country, coupled with having LPR/USC relatives is what leads to the visa denial. (And of course, the CO's mood at the time of the interview :))
 
Sm1smom said:
This is correct Simon. F1 and other non-immigrant visas will not outrightly be denied simply because the applicant has demonstrated an immigrant intent in the past or has LPR/USC siblings/parents. Admittedly, such applicants undergo extra scrutiny, but once they can demonstrate sufficient ties to their home country to convince the CO of their intent to return home at the end of their visit, they should be okay. An inability to demonstrate a strong tie to their home country, coupled with having LPR/USC relatives is what leads to the visa denial. (And of course, the CO's mood at the time of the interview :))
Click to expand...

You know, I just realised I know someone else who fell into this category and was fine - ME!

I applied for and got a B1 visa a few years ago thinking I needed it for a particular contract I was about to start. My brother was an LPR at the time (now a US citizen), and that did not create an issue. I was given a B1 for 1 year, and actually had a harder time entering the States that year because I had a visa whereas the visa waiver program provided enough "coverage" for me in the type of work I was doing. Every time I entered with the B1 it raised eyebrows and questions about "why did you get a B1???"
 
britsimon said:
There was someone else here who had the same experience as Susie - I think theirs was an F1. I'll see if I can find it - but I think it depends on the case being presented. Someone with a family, job, home and so on would be able to show significant ties to their own country and that would be helpful in showing that they had the intent to immigrate one time - and only when LPR timing allowed.
Click to expand...

Yes, precisely this. The CO asked if I wanted to immigrate and I said "yes, but legally". I think it was also clear from my job etc that there would be no point to my trying to find illegal work, and although that particular trip was a business trip he gave me a 10-year visa...
 
And let's not forget where the person comes from matters as well. Simon apparently comes from Britain, and Susie sounds like coming from a developed English-speaking country.
 
c1984 said:
And let's not forget where the person comes from matters as well. Simon apparently comes from Britain, and Susie sounds like coming from a developed English-speaking country.
Click to expand...

No, I don't.... You'll be aware many ex-British colonies have left legacies of English speakers!
 
SusieQQQ said:
No, I don't.... You'll be aware many ex-British colonies have left legacies of English speakers!
Click to expand...

Yes, you do! I'm telling you. You SOUND like coming from a developed English-speaking country. LOL

Soon we'll all be Americans, of course if you aspire that as much I do :)
 
You must log in or register to reply here.
Top