Help needed-DV-F1-J1
- Thread starter saharm24
- Start date
Hi saharm24!
I'm also a F-1 Student in the US, except that I'm still Undergraduate. I might be a able to help answer some of the questions based from what I know regarding all these DV process.
As far as I know, you can still apply for OPT eventhough you have won the DV Lottery as long as your status is still F-1. OPT is an extension of your F-1 visa. So, when you're on OPT, your status is still F-1 until you do AoS or change to another visa. But once you file for AOS (submit I-485), your status will change from F-1 to Pending Permanent Resident. This is where it will get tricky. They might reject your OPT when you're on this status.
I have some International students friends at the University who work with OPT in the University. If I'm not mistaken, you can work as long as your OPT is valid (usually 12 months), then it can be extended based on your major/study for another 5 months. Before the OPT expired, you need to change your status to H-1, J-1, Permanent Resident, etc, or you have to leave the country. So, it is really depends on the University if they willing to let you work with your OPT on campus.
I don't think filling DS230 and DSP122 will get rejection to enter the U.S with F-1 visa when you leave the U.S for a short time because you did not change you status yet. The problem is usually when you need to get a new visa in the embassy/consulate. Even this is still doubted, since you did not applied for AoS (submit the I-485 to USCIS) yet.
The key here is the I-485 form (Adjustment of Status Form). Once you submit this form to the USCIS, you loose any visa status that you currently have. In the I-485 form clearly said that if you leave the country after filling the form, your pending case might be rejected and you might not be able to enter the U.S. What's even worse is that once you submit the I-485 form, you will have a hard time getting any non-immigrant visa in the future. Why? Because when you fill in an application for non-immigrant visa like F1, B1, J1, etc, they will ask you if you ever adjust status or apply to become a immigrant in the U.S. Since you have to answer it thruthfully, you have to answer "yes, you have". This is could be a big reason for the U.S Embassy/Consulate to reject your non-immigrant visa in the future.
That is why, when you read the forum, everyone will tell you to "DO CP" if your CN is very high. The main reason is time. AoS usually takes longer to process (about 3- 6 months), compared to CP (1-2 weeks). If your number became current close to the deadline (Sept 30), you have a bigger risk of not getting the interview or not getting the visa. The other reason is because once you told USCIS that you want to do AoS (submit the I-485 to the USCIS), and for some reasons you didn't get the Green Card, there is a possibility that you have to leave the country or/and could never get a non-immigrant visa anymore.
The safest way is still to do CP, regardless if you have low or high CN. It is less convenient because you have to go back to your home country for the interview, but at least you don't risk loosing your status because you don't need to submit the I-485 form. If for some reason you failed the CP interview and didn't get the GC, just go back to the U.S using your F-1 or J-1 or visa and continue your study or work.
My recomendation to you. Choose to CP if possible and avoid AoS, especially when you have such a high CN. People who are doing AoS are usually the one with the low CN and have plenty of time to process it or for those who absolutely couldn't go back to their country to do CP (money, jobs, family, etc). It might cost more of your time and money to do CP, but it is worth it.
Talk to your International Student Advisor at the University. Most likely they know how to answer your questions. I did, and I was surprised that they used to have cases with students winning the lottery. First I thought of doing AoS because I didn't want to leave the country. I was affraid that I might get rejected to get back to the country because I won the DV. But, after weeks of reading and researching the web, I found out that I won't get denied to re-enter the U.S after winning the DV Lottery and even after submitting the DS230/DSP122. As long as I have a valid F-1 visa, a valid I-20, and never submit I-485 to the USCIS. AoS process is very lengthy and risky. I changed my mind, and told KCC to switch to CP. Less hastle, faster process, less risk, and I got an good excuse to see my family back home for 2-3 weeks.
Good Luck!
I'm also a F-1 Student in the US, except that I'm still Undergraduate. I might be a able to help answer some of the questions based from what I know regarding all these DV process.
As far as I know, you can still apply for OPT eventhough you have won the DV Lottery as long as your status is still F-1. OPT is an extension of your F-1 visa. So, when you're on OPT, your status is still F-1 until you do AoS or change to another visa. But once you file for AOS (submit I-485), your status will change from F-1 to Pending Permanent Resident. This is where it will get tricky. They might reject your OPT when you're on this status.
I have some International students friends at the University who work with OPT in the University. If I'm not mistaken, you can work as long as your OPT is valid (usually 12 months), then it can be extended based on your major/study for another 5 months. Before the OPT expired, you need to change your status to H-1, J-1, Permanent Resident, etc, or you have to leave the country. So, it is really depends on the University if they willing to let you work with your OPT on campus.
I don't think filling DS230 and DSP122 will get rejection to enter the U.S with F-1 visa when you leave the U.S for a short time because you did not change you status yet. The problem is usually when you need to get a new visa in the embassy/consulate. Even this is still doubted, since you did not applied for AoS (submit the I-485 to USCIS) yet.
The key here is the I-485 form (Adjustment of Status Form). Once you submit this form to the USCIS, you loose any visa status that you currently have. In the I-485 form clearly said that if you leave the country after filling the form, your pending case might be rejected and you might not be able to enter the U.S. What's even worse is that once you submit the I-485 form, you will have a hard time getting any non-immigrant visa in the future. Why? Because when you fill in an application for non-immigrant visa like F1, B1, J1, etc, they will ask you if you ever adjust status or apply to become a immigrant in the U.S. Since you have to answer it thruthfully, you have to answer "yes, you have". This is could be a big reason for the U.S Embassy/Consulate to reject your non-immigrant visa in the future.
That is why, when you read the forum, everyone will tell you to "DO CP" if your CN is very high. The main reason is time. AoS usually takes longer to process (about 3- 6 months), compared to CP (1-2 weeks). If your number became current close to the deadline (Sept 30), you have a bigger risk of not getting the interview or not getting the visa. The other reason is because once you told USCIS that you want to do AoS (submit the I-485 to the USCIS), and for some reasons you didn't get the Green Card, there is a possibility that you have to leave the country or/and could never get a non-immigrant visa anymore.
The safest way is still to do CP, regardless if you have low or high CN. It is less convenient because you have to go back to your home country for the interview, but at least you don't risk loosing your status because you don't need to submit the I-485 form. If for some reason you failed the CP interview and didn't get the GC, just go back to the U.S using your F-1 or J-1 or visa and continue your study or work.
My recomendation to you. Choose to CP if possible and avoid AoS, especially when you have such a high CN. People who are doing AoS are usually the one with the low CN and have plenty of time to process it or for those who absolutely couldn't go back to their country to do CP (money, jobs, family, etc). It might cost more of your time and money to do CP, but it is worth it.
Talk to your International Student Advisor at the University. Most likely they know how to answer your questions. I did, and I was surprised that they used to have cases with students winning the lottery. First I thought of doing AoS because I didn't want to leave the country. I was affraid that I might get rejected to get back to the country because I won the DV. But, after weeks of reading and researching the web, I found out that I won't get denied to re-enter the U.S after winning the DV Lottery and even after submitting the DS230/DSP122. As long as I have a valid F-1 visa, a valid I-20, and never submit I-485 to the USCIS. AoS process is very lengthy and risky. I changed my mind, and told KCC to switch to CP. Less hastle, faster process, less risk, and I got an good excuse to see my family back home for 2-3 weeks.
Good Luck!
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Did I got the wrong information? I thought submitting DS-230 would not affect your current visa and would not affecting re-entry. Everywhere I read says that the problem is when getting a new Visa Stamp (new visa at the embassy/consulate).
Does anyone know absolutely sure about this? or experienced re-entry to the U.S after filling DS-230?
I Entered the US on a visa waver last January, seven months after I filed My DS-230. I think you are correct though, if you were trying to get a new non-immigrant visa in the future you most likely be asked if you have ever expressed immigration intent as part of the visa issuing process, this is where there may be a problem. As I don’t currently live in the US I can just go in and out under the visa waver program till I get the GC. At no point are you asked on the forms about any possible immigrant intent.
What country are you from by the way?
Were you asked anything about immigrant intent, the DV Lottery, or the DS230 at the POE? If you weren't asked, I assume the immigration officers aren't informed in the system about someone winning the DV lottery or submitting the DS230.
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Just to make it clear. When they say "Visa Stamp", it doesn't mean the stamp at the Port of Entry/Airport that an Immigration officer gives. It means the actual visa that you get from the U.S Embassy or Consulate.
It is called a "Visa Stamp" because the visa looks like a postage stamp that sticks on your passport OR..because in the old days, visa was stamped into the passport instead of being sticked into the passport..who knows.
I was confused the first time I heard about "Visa Stamp". I thought it was the POE stamp.
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It would affect you in the following ways:
1. It would be extremely difficult for you to get COS.
2. It would be extremely difficult for you to get another nonimmigrant visa (with no dual intent).
3. It would be extremely difficult for you to enter US on an existing visa in case you are asked at the border a specific question. Those questions are seldomly asked, though
This is because POE is within USICIS jurisdiction, and they are not connected to the KCC systems ... yet...I think..
This is because Consulates are under the State Department Jurisdiction, which also manages the KCC, which overseas the DV files. This means that consulate people can "see" who got selected for DV and obviously, who has responded to the 1st NL (by sending in DSP230 & DS122)
I suspect changing visa type will be a problem, since you will have to file I-539(?), and as raevsky noted. Can you apply for H1B?
With H1B, u can circumvent the dual intent hurdle.
Be Careful with J1
Hi saharm24.
I would definelty thing very carefully before taking the J1 option because usually this visa has a "go-back-home" for a couple of years requirment after it expires. If you have the requirement to go back home after the J1 expires you cannot be issued a green card under DV unless you get a waiver for this requirement.
There are some ways to get waivers but require extensive work with USCIS (Which I would not recommend).
Be careful with the advice you get at the international student office in your school. most of the time they have no clue wjhen it comes to green cards and specially DV.
Good Luck
Nacho2008
Hi saharm24.
I would definelty thing very carefully before taking the J1 option because usually this visa has a "go-back-home" for a couple of years requirment after it expires. If you have the requirement to go back home after the J1 expires you cannot be issued a green card under DV unless you get a waiver for this requirement.
There are some ways to get waivers but require extensive work with USCIS (Which I would not recommend).
Be careful with the advice you get at the international student office in your school. most of the time they have no clue wjhen it comes to green cards and specially DV.
Good Luck
Nacho2008