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Please advise: Applying for DV2010 under H1B status

fthnm2005

Registered Users (C)
Dear all:

I have the following question: What are the odds for me to be granted a DV visa if my current status is H1B in the US?
CASE NUMBER: 2010EU00024***
Marital status: Single, never married

Visa status: F1 (OPT), Will become H1B starting Feb 2010.
Received the second NL
Never had problems with US embassy and DHS, always was granted for the visas I ever applied for (J1 and F1)

Now, here is the details of my brief "history" in the US:

I came to the US as an F1 student for PhD and now I have graduated and have been working under OPT for a year. After 4 years of trying I was finally selected as DV2010 winner (at least for now). I recieved the second package and am scheduled an appointment for DV2010 Visa interview at my home country.

In december I was granted an H1B status while I was in the US and my status will change to H1B strarting Feb 2010. I have my documents to obtain H1B visa if i happen to return home right now. At the same time, now I received my second NL with DV visa scheduled for March.

The AOS is not possible for me as I was not sure last year whether I would be given an H1B visa, so I sent the first package requesting the interview to be held in my home country, which . And now I have a DV visa interview scheduled at my country for March.

So here are my questions:

1) What are the odds of me being granted DV visa if my case number is above 24,000 (europe)?
2) What happens to me if I get rejected (god forbid) the DV visa when I return home? Will I not be able to apply for my H1B visa either? Or should I apply for H1B first when I return and later for DV lottery?
3) since I am not married, does this reduce my chance of being granted DV visa? (I mean do single people have smaller chance of winning DV visa?)
 
1) What are the odds of me being granted DV visa if my case number is above 24,000 (europe)?

I'm not certain about the situation but you will have to check with the VISA Bulletin online and check when the case number for Europe is usually current. If its possible for you to be current before the September 30th 2010 deadline, return to your home country for the interview. It's highly not advisable to change your CP to AOS especially in such a short time interval

2) What happens to me if I get rejected (god forbid) the DV visa when I return home? Will I not be able to apply for my H1B visa either? Or should I apply for H1B first when I return and later for DV lottery?

Do you have the paperwork for the H1B i.e. Was it authorized? If it was and your OPT time is up, I would advise that you fly to Canada preferably to get the H1-B visa in your passport (since you need to leave the US to get it). After you get the H1-B visa, and your lottery date is still not current, work in the USA and then fly back to your country about 3 weeks or more (prior to the interview date --- this will allow you to get all the documentation that you need for the interview in case anything is missing in your documentation).

You will likely not be rejected for the Green Card Visa since you already have an H1-B visa in your passport by then.


3) since I am not married, does this reduce my chance of being granted DV visa? (I mean do single people have smaller chance of winning DV visa?)
NO -- it doesnt change your chance of winning the DV Visa. I am single and won it all the same.
 
Hmmm.... My visa interview has already been scheduled for March. But I am not sure waht to do with the H1B status... thanks for the notes!
 
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