Immigration Issues/Adjustment of status

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Question
Currently, I'm an international F-1 visa holder with approved OPT working at a company in Wisconsin.  I've been selected for the DV Lottery 2015. I filed the DS-260 form on May, 2014 showing my interest to do Adjustment of Status.  At that time I was still a student and hadn't applied for OPT.  Now, two questions and I would appreciate if you could help me with them.

1- Will filing DS-260 and applying for OPT have a bad effect on my Green Card process (AOS) and cause its denial?  Actually, I want to know if I have done a mistake by filing Ds-260 form before applying for OPT.

2- Is this a violation of status?

3- Probably, my company is going to apply H1-B visa this April.  I was wondering if I can apply for H1-B and AOS (Green Card) in the same time period?

Thanks,

Answer
OPT will be issued since it is not technically an extension of status application. To repeat, there will be no interference with OPT or violation of F1 status solely because you have been selected for the DV lottery and are planning on residing permanently in the U.S.

An H1B petition can be filed by your employer in the U.S. without any problem since H1B status allows for intention to immigrate to the U.S. even though it is a non-immigrant visa category. The AOS can be filed as well.

Incidentally, the DS-260 is exclusively for consular processing, and AOS would normally be filed if present in the U.S. and adjusting status within the U.S.

Immigration Issues

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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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