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dv2008

J

jbendaou

Registered Users (C)
Hi everyone,
I have done some research in this forum, but coudl not find much help with my situation...it is probably because i am nervous, excited, etc... anyway
i just got a letter sayin that i have been randomly selected for he dv2008.
the thing is the letter was sent to my home country (morocco), now i do live in the US, well i been here since 1997 as a student F1, then h1 visa.
the company i work for started workign on my green card, so i already got approved for the labor certificate, and for the I140, now i am only waiting for the backlog to become current (april 2006)...
so what do i do now? do i continue my green card process through my company? do i use this dv2008 to speed up the green card i already started?
do i start a new one? what do i really have to do sicne i already am in the US and half way through to getting the GC (through work).
I am sorry with all these questions, but i hav eno idea what to do!


thanks so much.
JB
 
Last edited by a moderator:
What your company lawyer tells you about your DV winning?

Hi jbendaou! Congratulations :)

Has your company sent I-140 form for your Employment Base (EB) immigration?

If yes, company also could submitted concurrently I-485 AOS form too.

If there is I-485 pending therefore you cannot send another one I-485 for doing AOS through DV 2008. So if you will do green card through DV 2008 first you have to withdrawn or call back from USCIS your any I-485.

Otherwise you could send I-140 only, wait your CN (from DV) being current, send I-485 and other documents (see forum for details :) )

See what your company lawyers could advice to you
 
My suggestion is to continue with your DV application. God only knows how long it might take for your priority date to be come current with your EB3 application. You say April 2006. You are still years away from the I-485. If the current comprehensive immigration reform becomes a law, your category might even me eliminated completely.

The law says that you can have different immigration petition filed for you at any time. You have your I-140 approved and now you are waiting. Just try with the DV and if it does not work, you always have the employment green card option as a back up.

Depending on your DV case number, you might decide to adjust your status in the US or take the Consular procession option.

Still, get more info from an immigration lawyer. This is just my suggestion. I am in the same situation as you and I am going ahead with the DV.

Good luck
 
entermate, thanks!
i was approvd for the i140and have it in hand, but we did not send it anywhere.
No we did not apply for the i-485 yet. i am still not current (eb3).
so are you saying now that i got the dv2008, i can file for the i485?
my HR lady is doing my paper work, not a lawyer. the lady has no idea what happens when you win the lottery, she only knows how to apply for green cards based on employement.
mayeb i need me a lawyer now

Mia, Ok noted! thanks a lot
 
Mia is correct.

You can have two processes running at the same time.

You can only file DV AOS when your number becomes current. The topic of DV AOS has been covered many times on this forum. If your case number is pretty high, go for consular processing, it will be faster.

Simply let the EB case run its natural course. Since it's not going to be current for awhile, concentrate on DV.
 
Good situation

jbendaou said:
entermate, thanks!
i was approvd for the i140and have it in hand, but we did not send it anywhere.
No we did not apply for the i-485 yet. i am still not current (eb3).
so are you saying now that i got the dv2008, i can file for the i485?
my HR lady is doing my paper work, not a lawyer. the lady has no idea what happens when you win the lottery, she only knows how to apply for green cards based on employement.
mayeb i need me a lawyer now

Mia, Ok noted! thanks a lot
Click to expand...
You are in a good situation; you don't need a lawyer for this.
Settle down and look at the threads for AOS and Consular processing at this site. There are magnificent posts by Catseyes, Barbara Lamb, Anahit, Jugnu-find and read them and LucyMO is our in-house Emeritus.
Generally if your case number [NL number] is low you can go for AOS or CP- the only benefit of AOS is that you don't have to take time off from work to go back to your country, etc and you don't need to submit police reports. Generally, CP is faster unless you get stuck at the Embassy with name check and security clearance [some folks are waiting for more than 3 months now without visa]
If you have high number, generally CP is advised, since BCIS may not call you for interview on time and complete your case before Sept 30 when the program ends.
If you are stuck with security clearance at the embassy or if the DV is denied- you can come back to the US on your H-1 [H-1 holders can have dual intent]. Either way, you win.:D
Congratulations.
 
Baba Aladura said:
You are in a good situation; you don't need a lawyer for this.
Settle down and look at the threads for AOS and Consular processing at this site. There are magnificent posts by Catseyes, Barbara Lamb, Anahit, Jugnu-find and read them and LucyMO is our in-house Emeritus.
Generally if your case number [NL number] is low you can go for AOS or CP- the only benefit of AOS is that you don't have to take time off from work to go back to your country, etc and you don't need to submit police reports. Generally, CP is faster unless you get stuck at the Embassy with name check and security clearance [some folks are waiting for more than 3 months now without visa]
If you have high number, generally CP is advised, since BCIS may not call you for interview on time and complete your case before Sept 30 when the program ends.
If you are stuck with security clearance at the embassy or if the DV is denied- you can come back to the US on your H-1 [H-1 holders can have dual intent]. Either way, you win.:D
Congratulations.
Click to expand...


I think that my situation will be similiar because my LC just got approved and my PD is DEc 2005. EB3 world. I think that I will file I140 soon and then if the visa bulettin become current to my PD, I can file I 485 hopefully next year too.

But I have one concern. Since my DV number is high, I will do CP. But will it be okay I return to home country to do CP while I-485 is pending? I heard that, while I-485 pending, you'd better stay in US. Or the petition of I-485 will be voided. Is that true? Please advise me.... Thank you, in advance.............
 
if you are on H1, then you can leave and come back on H1 visa during your EB AOS. If you are in any other status, you need to apply for advance parole and get it before you can leave the States, otherwise your AOS is forfeited.
 
LucyMO said:
if you are on H1, then you can leave and come back on H1 visa during your EB AOS. If you are in any other status, you need to apply for advance parole and get it before you can leave the States, otherwise your AOS is forfeited.
Click to expand...



Thank you LucyMo.

One more question.

I Read that it seems that many people get stuck in the "adminitrastive processing" , which may take few weeks or up to 6 months for some cases.

My question is that -
if I return to my home country for CP interview and then they ask me to wait their call for " adminitrastive processing" after interview. I am afaid that I may not have too long stay in my home country due to company vacation ( the boss won't let me take too long vacation and I will may only have 3 weeks vacation ). In that case, can I return to USA to wait the result of "adminitrastive processing" and still have the chance to get the GC? Or it will be considered that I give up if I return to USA?

Besides, I read that many said that they would ask you to leave the passport for adminitrastive processing. In that case, if I don't let them have the passport for adminitrastive processing and return to USA, will it be a bad idea?

I am so worried about this, please anyone offer good suggestion for me.........

Thank you in advance!!!!!!!!!!

:)
 
In that case, can I return to USA to wait the result of "adminitrastive processing" and still have the chance to get the GC?
Click to expand...
yes

Or it will be considered that I give up if I return to USA?
Click to expand...
no


Besides, I read that many said that they would ask you to leave the passport for adminitrastive processing. In that case, if I don't let them have the passport for adminitrastive processing and return to USA, will it be a bad idea?
Click to expand...
you can explain the situation to them and ask for the passport.
 
Hi again,
ok more confused here...i just contacted a lawyer and she said that since i live in the US, i do not have to do a thing until around september...then she also said that i shoud be payin attention to the Visa Buletin section B and see when my number (13**6) is current. unfortunately i do not understand a THING about this current thing. the more i read the more confused i get. it says 27000 for africa...what do i have to see to know that my number is current? obviously not my exact number... i checked previous months numbers, and i see that that number was low, and every month it increases.
Woudl anyone mind explaining exactly what that number has to be please!
 
if you are doing AOS, you cannot send your forms for AOS until your number is current (visa bulletin). Number will start getting current in October 2007 for DV2008.

If you are doing DV consular processing, send the forms as soon as you can.
 
So another question. darn i feel dumb. anyway here it is... since i live in the US with an h1, do i have to send any documents to the Kentucky consulate or what? i keep getting confused. i thought if i decided to do AOS in the US, i dont need to fill in any of those forms (DSP 122 DS230) i got, AND wait until my number becomes current to file my i485? i know there are plenty of info in this forum, but i am all anxious and kinda lost.
what does a person who live in the US with an h1 visa, who received the dv2008 notification and wants to file for adjustment of status here has to do please?
 
just to update everyone. i jsut called and talked to KCC, i told them that i was planning on doing an AOS since i live here in the US. I asked the lady what i needed to do and she said, that all i had to do at this point is to send fill in and send out the DSP122 form. and she said that after october 1st, i will be notifed again.
hope this helps and serves as a starters for people in my same situation.
 
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