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  1. #1
    Join Date
    Sep 2009
    Posts
    1

    Default DV-2010 Lottery Winner, How to Adjust Status (H1b Holder)

    Hi,

    My husband has been selected for the DV2010 lottery. We are already living in the US (Atlanta, Georgia), We both have an H1B and are just waiting for our date to file our residency.

    Now, that we can have the possibility to apply through the DV lottery could you please advise if we should apply from the country of birth or from Atlanta? If from Atlanta, which are the next steps to follow, the instructions in the forms are for the winners who leave outside the US.

    Thanks
    Lgf

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: DV-2010 Lottery Winner, How to Adjust Status (H1b Holder)

    You can either seek adjustment of status after your number becomes available (check, and keep checking, the visa bulletin), or you can seek consular adjustment of status in your nation of origin. If you have a high number you may want to choose consular adjustment, despite the burden of international travel, to avoid the possibility that you won't have time to complete all of the necessary steps once your number becomes available.

  3. #3
    Join Date
    May 2010
    Posts
    1

    Default Re: DV-2010 Lottery Winner, How to Adjust Status (H1b Holder)

    Hi

    Just now I got the first letter from Kentucky Consular Center that is mentioning that I have selected in the lottery for 2011. Right now I am staying in USA with H1B visa. They have given me a case number starting with '2011'. I went to their site tried to understand what should I do now. May be I am wrong, but what I understood is I can Adjust Status only if I am eligible for that but I didn't find any clear-cut criteria to confirm if I am eligible. Can you please tell me how can I verify if I am eligible to Adjust Status?

    If I am eligible to Adjust Status then what should be my next step? It would be really helpful if you could help me in this regard.

  4. #4
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: DV-2010 Lottery Winner, How to Adjust Status (H1b Holder)

    Selection in the DV lottery does not insure that you will receive a green card. Since not just one individual may be admitted on one lottery selection, there are more individuals selected than are visas ultimately available.

    In order to adjust status, you must be in status; in the case of H1B, you must be properly working. If you have any "issues" with your stay in the US (such as periods where you were out of status or illegally present but did not accumulate a ban), you need to speak with an attorney to determine the potential effects on your green card.

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