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anonee

AoS: F1 vs H1B, which is better for me?

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Filed: Timeline

Hello all,

I am currently in the United States on an F1 Visa doing my post completion OPT which is scheduled to end on Jan 2013. I am in legal standing, have never violated status or whatever. I currently got selected for the diversity visa for 2013 and might be doing an adjustment of status. Since my case number is low, I am extremely likely to get called for an interview in mid November latest (based on previous visa bulletins). In such a scenario, can someone advise me which of the two options would be the most sane:

1. Remain on current F1 visa till the AoS interview. If AoS doesn't go well, apply for STEM extension in November.

2. Change visas to H1B (My employer is willing to start filing as soon as possible) by October. Go to AoS Interview on H1B visa.

I am worried that if I get AoS denied, my STEM extension would also be denied because I have shown intent to immigrate. I am assuming this won't be the case for an H1B. Can some one clarify?

Thanks!

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If you can do H1B I would. Your DV number hasn't been called so it is possible it won't be. Unlikely based on what you say but possible. H1B is a dual-intent visa and you could even potentially get a GC through your employer eventually. Better to have a secure back-up plan when possible.


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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Filed: Timeline

If you can do H1B I would. Your DV number hasn't been called so it is possible it won't be. Unlikely based on what you say but possible. H1B is a dual-intent visa and you could even potentially get a GC through your employer eventually. Better to have a secure back-up plan when possible.

This is for Fiscal Yr 2013 (Starting on October 2012 and ending on September 2013) which means DV numbers won't even start being called until October 2012. My case number is in the low seven thousands, which based on prior years has been called within the end of the year. I agree that I could do a GC through my employer eventually but I am not super sure I need to actually be on an H1B to start the processing (assuming the employer is willing of course).

I guess my question was more short term: Within the period of the next one year before the next H1B applications start in May, 2013, would it be advisable for me to change state to H1B or should I just stick to F1?

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Filed: Citizen (apr) Country: Argentina
Timeline

I came to the US after winning the green card lottery. Why do you think your AOS would be denied? It is an easy interview, and as long as you have a high school diploma, pass the medical, haven't been arrested or had any problems with the law, and have at least some money, you should be fine. You are in a good position, because you also have a US education, and work experience here. I would think the green card was more or less assured, especially since you have a low DV number. Whatever you do, I would go ahead with the AOS application through DV, since you receive permanent residency very quickly. You can always start the application for the H1B (if your employer is willing) and then cancel it after you get the DV green card. I know that involves a lot of expense though. Does the company that wants to sponsor your H1B have an attorney you could speak to?

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Filed: Timeline
I came to the US after winning the green card lottery. Why do you think your AOS would be denied?

My name at birth was YYY-XXXX. My country of birth (Ethiopia) was different from country of citizenship (India). My name was shortened to XXXX at the Indian embassy. The documentation that I have right now to prove that the name change occurred is rather shoddy because my parents dropped the ball on that. However, I am trying to rectify that. Optimistically speaking, I will be able to get documentation only from the Indian authorities. This worries me because I am not sure how USCIS will view this.

It is an easy interview, and as long as you have a high school diploma, pass the medical, haven't been arrested or had any problems with the law, and have at least some money, you should be fine.

Ironically enough, these are no more a worry.

You are in a good position, because you also have a US education, and work experience here. I would think the green card was more or less assured, especially since you have a low DV number. Whatever you do, I would go ahead with the AOS application through DV, since you receive permanent residency very quickly. You can always start the application for the H1B (if your employer is willing) and then cancel it after you get the DV green card.

I know that involves a lot of expense though.

The company is infact pushing me to do an H1B. I would rather be safe (and lose some money) right now rather than be sorry (get deported and lose a ton of money over a few years of lost employment).

Does the company that wants to sponsor your H1B have an attorney you could speak to?

This is a good point. I have been trying to hire my own attorney and getting no where. I will try to talk to their attorney.

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Like I said, it sounds like you will be able to get a GC through DV so the choice is yours but I would personally go with the H1B in the meantime if you have that option. There would be no issue with immigrant intent even if the DV didn't work out for some reason or if it were delayed. As someone else said you can always cancel the H1B process once you have your GC.


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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Filed: Timeline

Like I said, it sounds like you will be able to get a GC through DV so the choice is yours but I would personally go with the H1B in the meantime if you have that option. There would be no issue with immigrant intent even if the DV didn't work out for some reason or if it were delayed. As someone else said you can always cancel the H1B process once you have your GC.

That makes a lot of sense, thanks!

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