Can I be denied H-4 after filig application for green card?

[linijka 0]

Hi,

my husband (H1-B status at the moment) has been selected in 2015 DV lottery. I'm traveling to Poland in June and have to go to get new H-4 visa stamped in my passport.

My question: should we hold on with filing for DS-260 until I get back to US from abroad? I know that once you file I-485 you are grounded in US for couple of months. Is the the same with DS-260?

I appreciate your help. Thanks!

Monika

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[sumranbi 12]

Applying for the DV lottery is enough intent to immigrant. All in the hands of the Visa Officer. Depends on how he woke up.

[Britsimon 18]

Hi,

my husband (H1-B status at the moment) has been selected in 2015 DV lottery. I'm traveling to Poland in June and have to go to get new H-4 visa stamped in my passport.

My question: should we hold on with filing for DS-260 until I get back to US from abroad? I know that once you file I-485 you are grounded in US for couple of months. Is the the same with DS-260?

I appreciate your help. Thanks!

Monika

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Applying for the DV lottery is enough intent to immigrant. All in the hands of the Visa Officer. Depends on how he woke up.

No it really isn't a matter of whether the CO had a good night sleep.

H visas allow dual intent (that is to say it is ok to be applying for the DV and at the same time be applying for H1/H4 visas). I just did exactly that in the past few months (had submitted our DV paperwork prior to the issuance of the H1/H4 so I of course declared the DV application during the H1/H4 process.

However, I would personally suggest you wait for a while to file your DS260 (as you say, until your return from abroad). Depending on your DV case number you probably won't be processed for many months, so in your case there is no need to complete the DS260 this early - and that way you avoid the discussion entirely.

So - linijka, what is your case number? Write it like 2015EU12XXX. FRom that we can predict when your interview will take place which will determine when you could file your DS260.

[linijka 0]

No it really isn't a matter of whether the CO had a good night sleep.

H visas allow dual intent (that is to say it is ok to be applying for the DV and at the same time be applying for H1/H4 visas). I just did exactly that in the past few months (had submitted our DV paperwork prior to the issuance of the H1/H4 so I of course declared the DV application during the H1/H4 process.

However, I would personally suggest you wait for a while to file your DS260 (as you say, until your return from abroad). Depending on your DV case number you probably won't be processed for many months, so in your case there is no need to complete the DS260 this early - and that way you avoid the discussion entirely.

So - linijka, what is your case number? Write it like 2015EU12XXX. FRom that we can predict when your interview will take place which will determine when you could file your DS260.

Our case number is 2015EU27XXX. Right now I'm under H-4 status in US, but since our visa was renewed in Oct.2013 I need it stamped in my passport when I travel to Poland. Can I still file DS-260 at the end of August? Everyone advised to file ASAP, but I feel that we have plenty of time to do that and no reason to hurry now. Am I correct?

[Britsimon 18]

Our case number is 2015EU27XXX. Right now I'm under H-4 status in US, but since our visa was renewed in Oct.2013 I need it stamped in my passport when I travel to Poland. Can I still file DS-260 at the end of August? Everyone advised to file ASAP, but I feel that we have plenty of time to do that and no reason to hurry now. Am I correct?

You are correct - no need to hurry. You won't get current until spring of next year and there is plenty of time to figure out next steps.

[linijka 0]

You are correct - no need to hurry. You won't get current until spring of next year and there is plenty of time to figure out next steps.

So just to confirm: filing of DS-260 started on May 19th and ends with the end of 2015 fiscal year?

[Britsimon 18]

So just to confirm: filing of DS-260 started on May 19th and ends with the end of 2015 fiscal year?

Yes. However you should not wait until too late because it takes time to go through the process (aos or cp) so you need to leave yourself plenty of time for that. With your number though, you won't lose anything if you submit as late as December 2014...

[linijka 0]

Yes. However you should not wait until too late because it takes time to go through the process (aos or cp) so you need to leave yourself plenty of time for that. With your number though, you won't lose anything if you submit as late as December 2014...

Thanks for your reply. Now I can sleep soundly at night!