QUESTION

If I win the DV lottery can I file for green card while waiting for H1B visa?

Asked on Feb 12th, 2020 on Immigration - Massachusetts
More details to this question:
My employer is filing for H1-B this year. The DV 2021 results which I applied for will also come out this year. Can I file for adjustment of status using the dv if I’m selected? And withdraw the H1-B?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
I suspect that if the only thing that is keeping you legal up to the date of filing an adjustment of status is the H-1B pending petition and you then withdraw the H-1B petition, U.S.C.I.S. could possibly give you problems on the adjustment by claiming that the H-1B filing did not give you legal nonimmigrant status where it was never approved. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Mar 09th, 2020 at 8:34 PM

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