Former H1B-expired DV-2008 Winner - AoS & EAD

[AHatmadji]

Hi all,

I have 3 scenarios to share:
1. I was an H1B holder up to March 14th, 2007 (expiration date). Since March 15th, 2007, I have been looking for a new sponsoring employer.
2. I already submitted a Change of Status application (I-539; to a B2 visa) to USCIS - received by USCIS by March 9th, 2007 but the receipt notice was sent by March 13th, 2007. My case is still pending.
3. Last Good Friday (April 6th, 2007), I received a notification letter from KCC about me being one of the selected DV-2008 winners.

Happy! But, I still need a new job since I cannot stay depending on the Unemployment Benefit I started receiving since ... well, last Friday (April 6th, 2007) as well - though I filled the application by March 18th, 2007.

Per one of the immigration attorneys I have consulted with, I can get a work permit during the AoS process. But, I cannot work until I receive the EAD. The EAD process will take 2-3 months.

There have been at least couple recruiters calling me about open positions. But, how can they hire me given the fact I will not be available to work for 2-3 months? Many jobs out there demand vacant positions to be filled between now and next month or so - not 2-3 months after.

Any possible solutions on my situation?
Is there anyway I can still work before I receive my own EAD?

Please advise.


Thanks!

 

[2006_07]

I don't think there is a legal way for to work before the EAD, or for you to even stay here in the US, since you are changing to a B2 visa, I am not sure how long they will allow you to remain here. You need to be very careful because they do check if you stayed here illegally and will deny the green card if you did.

Another thing for you to consider is that the EAD will be issued 2-3 after you apply for the AOS, which depends on your rank number. The fiscal year for the DV2008 only starts on October 1st, 2007. So the best case scenario is that your EAD will be issued on November or December, 2007 considering that your number is very very low. Since my number was high, I could only apply in June of the following year, so if you are like me, you could only apply in June of 2008. Not sure how you could legally stay here that long, but an immigration attorney should be able to help you. Just be careful on what they say, because most of them knows nothing about the diversity visa.

You should check the visa bulletin to see when your number was called on the previous years to have an idea of when you will be able to apply for AOS:
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html


Good luck.