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Immigration Issues/H1B visa holders & diversity visa lottery program

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Question
Hi,
My wife and I are both from Venezuela.
We are currently with a H1B visas from different employers (we’ve never been out of status) and, only my employer filed a change of status petition through a labor certification (EB-3 ) that was approved in November 2008 (Priority date).
As my priority date is going to be current in 3-4 years (assuming  USCIS keeps advancing at the same pace), we want to participate in the diversity VISA Lottery program.
Is there any risk if we do so?
If so, please explain the risks.
If we do get selected, is my previous EB-3 process going to affect the decision?
If we do not get selected, Can USCIS modify or cancel my current process based on the fact that I'm trying to get the green card through a different process?
How would this affect my employer?

Thanks for your time and help

Nando

Answer
Hi,

There is no risk in applying for the DV lottery program (you and your wife can each file an application) and your existing EB3 sponsorship continues unaffected. If you receive your green card through the DV lottery program, then the EB3 sponsorship will be obsolete, but again there is no disadvantage. Your employer is unaffected, and will have no knowledge about your participation in the DV lottery program.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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