I-485 & DV lottery 2011 selectee

[Enjy]

Hi All,
My H1B expires in Sept 2010. I filed I-485 (DV lottery 2011). When I got the mail that I am selectee, I went(in May 2010) to the local USCIC office and they told me that I can file from then till Sept 2011. I filed I-485, I-765, I-131, I-864, G-325 all together.
I got my notice for EAD, went for biometrics, and was told I will get my EAD in 90 days..which falls just about the time my H1B expires(Currently, 30 days has passed..remaining 60 days to go)

Well...I went for the interview July 15th( I-485) and it did not go well. I was told I filed too early. Apparently I needed to file between Oct 2010 and Sept. 2011. She gave me two options..either withdraw or she will deny my I-485. She said since it was not filed in the same fiscal year, she couldn't leave it open.
I asked how the two options(withdrawal or denial) will affect my getting my EAD she said she does not know. But she thinks it shouldn't. She thinks maybe denial will affect it, but withdrawal will not. So I choose to withdraw.

I then went to the information window to see if I can expedite the receipt of the EAD card, and the lady at the window said I could send a letter asking for that using the address on the EAD notice I got.
So, I am confused. What do you think I should do? helpppp pleaseeeee.

Thanks in advance

[natta]

Me and my husband are in the same situation right now. I a currently on an F1 visa, while he is on a J1 visa and he is the one that was selected for DV-2011. I called and they told m we can apply now for the adjustment of status and not wait till october. Is that rue. Please help

[Enjy]

Well....this was what happened to me. I will have to file(spend another round of money) come Oct. The worst is that they are not taking responsibility for the wrong information they gave me. She said I could ask for fee wavier, but it looks like requires several levels of proof of hardship. If you decide ti file, you may want to get the name/number of the USCIS person that gave you the go ahead to file.

My DV number is about 3600, what is yours? Because that will determine when your number will be avaliable.

I will have to find a way to remain in status. It looks like I may lose my job regardless since my company refused to renew my H1B.

I will have to file I-140 so that I can be in status when my H1B expires in Sept.

Thanks

[TNN]

Guys, NO NO NO
You can apply only after your number becomes current!!!!
It starts from October.- for fiscal year 2011....Only after DV 2010 is done. DV 2010 is now still in a process until Sep30th.
I got my winner notification last year, but applied (I mean filed I-485) only in May 2010 when my winning number became current.

[TNN]

I just went through all this process myself.
Would be happy to help if you need any information.

[Enjy]

Thanks TNN for your response. It is really helpful. What was your number? Mine is 3600...I would like to gauge to see if my number will maybe available in Oct or Nov etc.

Thanks

[TNN]

Mine was higher than 28000..And I got it. Waited a year but it's worth itI So do not worry! Your chances are really high! Stay positive. Maintain your legal status. If you think you won't be able to maintain your H1B status then change it to F1 student status. Yes, you will have to go to school but again it's worth it. And again it is the fastest and most efficient way to stay in legal status. Also make sure you paid your taxes while being on H1B; it is important for the immigration.
So in October...as I remember on October 15th were the first cut-offs for the DV winners on the visa bulletin.
Here is the link for visa bulletin:
http://www.immihelp.com/visa-bulletin/
As soon as you see that your number is available you can pay the fee and after you get the payment receipt you can file file your I
-485. You will receive a receipt notice in about two weeks; after that you will get you fingerprints appointment; approx. a month after the fingerprint you will get your interview appointment.
Make sure now that they did not reject or deny your application (that you filed this year); just in case make an infopass appointment with USCIS and double-check that they allowed you to withdraw the documents now and if it is ok to file again when your number becomes current; ask if you have to pay again the fees...
I hope everything works out good for you! Good luck.
And please feel free to ask anything ; if I have the info will be happy to share

[TNN]

BTW I am sure that you have received two forms along with your winner notification - the forms DS-230 ParI and Part II and DSP-122. You were supposed to fill them out and to send them to the Kentucky Consular Center and they were supposed to send you and answer letter. ...
I am asking because it is very surprising that you have gotten the interview invite that fast...

[Enjy]

Yes, I filled the two forms and sent them off to the appropriate addresses.I think I mailed everything on same day. ie the I-485,I-131, I-765 etc and the DS-230 and DS-122. I got the letter from KCC of the timeline to apply for AOS about 2 weeks later or so.

[billvor]

Mine was higher than 28000..And I got it. Waited a year but it's worth itI So do not worry! Your chances are really high! Stay positive. Maintain your legal status. If you think you won't be able to maintain your H1B status then change it to F1 student status. Yes, you will have to go to school but again it's worth it. And again it is the fastest and most efficient way to stay in legal status. Also make sure you paid your taxes while being on H1B; it is important for the immigration.
So in October...as I remember on October 15th were the first cut-offs for the DV winners on the visa bulletin.
Here is the link for visa bulletin:
http://www.immihelp.com/visa-bulletin/
As soon as you see that your number is available you can pay the fee and after you get the payment receipt you can file file your I
-485. You will receive a receipt notice in about two weeks; after that you will get you fingerprints appointment; approx. a month after the fingerprint you will get your interview appointment.
Make sure now that they did not reject or deny your application (that you filed this year); just in case make an infopass appointment with USCIS and double-check that they allowed you to withdraw the documents now and if it is ok to file again when your number becomes current; ask if you have to pay again the fees...
I hope everything works out good for you! Good luck.
And please feel free to ask anything ; if I have the info will be happy to share

Hi.
do you know by the chance do I need maintain legal status all the time after submitting I-485 or I just need to be in legal status at the day when I-485 submitted? I am on F1 right now but it expires October 15th. My number is low under (9000) and based on visa bulletin I will file I-485 on October 1st. Meanwhile my employer going to sponsorship H1-B, but I worry a little bit what can happen if application will be rejected (they are really slow).