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Wife got DV 2011, Husband in USA on H1B

D

Dhurmuse

Registered Users (C)
Hello Friends,

Recently, my wife got selected for DV 2011 visa. Her case number is higer 22000 range and she is from Asia. I am here in USA and currently working on OPT but my H1B application has already been approved which will become effective from October, 2010. Technically, my wife will be eligible to apply her US visa as H4B after October, 2010.
Hence, I am thinking of applying her H4B on this October, she will enter US as H4B visa holder and we will go back to our home country for Counselor Processing for DV visa interview when our case number becomes current.
Will there be any legal problem as she will be entering on H4B and later will go back for CP interview.
If there is any better way, please suggest.

Your valuable experience will be highly appreciated.
 
Congratulations!

No, H visa is a dual intent visa. But don't forget to declare that you have a pending immigrant petition on DS-156 (NIV form) when she files an application for H-4 visa.
 
Thanks a lot nybound for your prompt reply.
I have few more query:
As her case number will not be current when she will apply her H4 on coming October (as her case number is pretty high, we never know whether it is going to be current on coming fiscal year) she will not be eligible for DV visa at that time, Does she still have to declare there is an immigration visa petition pending? Whether it is going to effect her H4 visa success if she declares that an immigration visa is pending?
Thanking in advance for your valuable suggestion.
 
Dhurmuse said:
Thanks a lot nybound for your prompt reply.
I have few more query:
As her case number will not be current when she will apply her H4 on coming October (as her case number is pretty high, we never know whether it is going to be current on coming fiscal year) she will not be eligible for DV visa at that time, Does she still have to declare there is an immigration visa petition pending? Whether it is going to effect her H4 visa success if she declares that an immigration visa is pending?
Thanking in advance for your valuable suggestion.
Click to expand...

dhurmuse,
since you will be able to apply for her h4 in oct 2010, i suggest getting the h4 first before sending in your forms to kcc to avoid the immigrant intent dilemma. your cn is probably going to be current in apr/may 2011, so there is a lot of time. once she is over here, you can both decide to either adjust status or go home for cp.
good luck.
 
Leongsce,
Thanks a lot for your reply and time.
The first notification letter says we need to reply the letter as soon as possible to enter their data system. Will not it be too late to reply the first letter if we wait till October? Will there be serious issue when she apply for her H4 even if she reply her first letter now and mentioned clearly about it on her H4 visa application for H4 at October as unlike F-1 H4 is a dual intention visa.
I am planning to do the CP rather than AOS for our DV visa interview.
Your valuable input will be highly appreciated.
 
Dhurmuse said:
Leongsce,
Thanks a lot for your reply and time.
The first notification letter says we need to reply the letter as soon as possible to enter their data system. Will not it be too late to reply the first letter if we wait till October? Will there be serious issue when she apply for her H4 even if she reply her first letter now and mentioned clearly about it on her H4 visa application for H4 at October as unlike F-1 H4 is a dual intention visa.
I am planning to do the CP rather than AOS for our DV visa interview.
Your valuable input will be highly appreciated.
Click to expand...

dhrmuse,
since the h4 visa is basically a dependent visa for family members of h1b visas to accompany their spouses to live in the united states and they are not allowed to seek employment, i will suggest declaring in her h4 application that she has won the dv lottery 2011. the way i look at it is that she will eventually become a permanent resident anyway because of her winning the dv lottery, so what difference is it going to make to the consular officer if she gets it on us soil or from her home country.
and yes, submit the forms to kcc now.
best of luck.
 
Thanks Leongsce for the valuable input.

Anybody went through the similar situation, please share your experience.........
 
Hi Dhurmuse:
First off, congrats on the DV2011! As for your question for those with similar experience: I had one. I was also under OPT for a year when I was selected for DV2010 and I was granted an H1B status after I sent the 1st NL to KCC. But my situation was much more complicated than yours, but successfully I and my wife both were granted visas eventually...
long story short, here is what I suggest: Since you have high CN (usually over 20,000 is considered high IMO) you have MUCH better chance of getting your visa if you do CP and not AOS. Trust me, this is the safest, fastest, and easiest way with less troubles. If you do AOS, as somebody was suggesting above, you may get stuck in the US forever, besides it may be a problem for you to wait that long if you intend to get a job at a different place. So, my recommendation is do not do AOS.

About your wife: if she can apply for visa now, do it now and not wait until October. This way, she will have penty of time to come to the US, stay for a while and return with you to your country for DV interview, because 22,000 will most probably be current between January and March. My CN was 24,000 and I was scheduled interview for March. So yours might be a bit earlier like Feb or even Jan 2011.

Good luck!

PS: you can find all the details of my DV saga in the following links:
Marriage before DV interview, please help!
Success story! [Re: Marriage before DV interview, please help!]
 
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You wont have any problem. First you can file for H4 visa(Dependent Family visa) before waiting till October end. Anyway she has won the Green card through lottery it will take time to get her interview get scheduled.
 
Thanks fthnm2005 and Samuel5028 for your reply.
She needs to wait till October to apply for her H4 as only after October 2010, my H1 will be effective. But she will respond her DV 2011 first letter to KCC sometime this week. Considering her case number I will definitely go for CP. As she is from Asia, her case number might not go as fast as for Europe as mentioned by fthnm2005 but I still expect to be it current sometime July next year (Correct me if I am wrong). My only concern was whether it going to effect her H4 visa success which will be on sometime October if she mentioned that she has been selected for DV 2011. Going through the thread, it seems like it will not. Please correct me if I am wrong.........
 
I dont beleive she will have any problem with H1B visa application, although timing might be a problem for her to come to the US, stay here and return back... but I guess you guys should sort this out and plan accordingly. Remember, if you are both in true relationship and neither of you are lying, cheating, or breaking the law, you should have one of the most smothest DV processes people ever had :) Also, yeah you better do CP if asia cases drag longer.
Best of the luck!
 
Thanks Fthnm2005 for your time and reply.
Everything we are doing is genuine and true to every bit.......Hope this will be our great strength.............
 
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