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Changing the H1B to employment-based or DV-based immigrant visa?

Changing the H1B to employment-based or DV-based immigrant visa?

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Old Jul 5th 2001, 6:41 pm
  #1  
Maria
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Hi! In April 2001 I was informed by Kentucky Consular Center that I was selected for
further consideration for a DV-2002 program (case number ~2000). My husband is
working in United States with H1-B visa, I have H4 visa. Few days ago we received the
notice from INS (Vermont Service Center) that the Immigrant Petition for Alien
Worker, filed for my husband for the employment-based green card (sec.203b-2) by his
employer, has been approved.

Which way do you think is better and faster :
1)Apply right now (July 2001) for adjustment of status, based on the Approval Notice
from INS, for employment-based immigrant visa (green card);

2)Wait until October 2001 and apply for adjustment of status in the local INS office
based on DV-2002 program;

3)Choose the Consular immigrant visa processing in my country (there is a little
problem: we came from Bulgaria, but I was born in Russia, so if we undergo Consular
processing we should go to Russia for interview?)

Another question: If we receive the immigration visa number under the
employment-based category can we use this number to transfer our documents for
adjustment of status based on DV-program? In other words: is it possible to start the
process under one category and change it later?

Thanks!
 
Old Jul 6th 2001, 3:03 pm
  #2  
John Kao
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The two are total separate from each other. Choose one which best suit your
convenience. But I would use the employment base adjustment, since all family member
qualify at the time of adjustment, as for DV2002, only the winner qualify, not the
whole family. Your husband would still have to file I485 or choose consular
processing based on his employment.

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