Immigration Issues/Green Card Lottery

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Question
I am currently on my OPT training and I have approved my H1-B for October 200t. However, I got letter last week that I was selected in the DV 2008 lottery program (the first round). My spouse is on F-1 status and her visa expires at the end of August. We are both concerned if she can extend her F-1 visa because of DV lottery issue. Although I was selected among the 100,000 people, I still do not know whether I will get a green card or not. Another question is do you recommend to apply for green card through consulate or to go through adjustment of status in US?

Thank you very much

Answer
Dear Danko:
On the issue of the F-1 visa, irrespective of the expiry of the F-1 visa your spouse would continue to be on F-1 status as long as she remains in school and is a full-time student as per the F-1 regulations.

However, if she wishes to travel outside the US and obtain a fresh F-1 visa the issue of immigrant intent based on the DV 2008 filing may affect her visa application. Though it could be argued that it was you who filed and not her....and such.

I would suggest that you adjust in the US but make sure that you file the I-485 as soon as your number comes due. And follow it up at the local office constantly.

Best of luck.

Ramasamy Krishnan
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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