DV-Lottery and USCIS Change of Status - Not so clear status.

[mirekti]

I have a rather complicated situation. My visa will expire in August 2018. If I was selected in the DV-2019, would it be legal for me to stay in between?
Basically, if I find out on May 15th that I was selected, would it be possible to apply for Change of Status while I am still in the US. I would assume that would be perfectly fine as I would at that point in time be legally in the US.
My next questions is, what happens in the time between August (when my current visa, work permit and I-94 are about to expire), and October 1st which is the first day of fiscal year 2019.
Would I be allowed to apply for EAD even though the DV GC's fiscal year has not yet started? I also assume yes, but I would only be allowed to stay in the US, and not be allowed to start working earlier than Oct 1st, correct?

Any comment would really be helpful. Thanks.

[abumiqdad]

If August of this year is the expiry if your visa, NO, you do not have legal status to adjust from even if you got selected for DV.

DV process will take you to early 2019 for completion. So prepare to move out of the country and continue the process from your home country.

Once you get selected, you can worry about this - for now, prepare to move out of the country before the expiry of your visa.

[mirekti]

Thanks. I have read a bit more about it, and found out that the only way I could do it, and remain in the legal status is by submitting I-485 before my visa is to expire, which means I?d need to submitt I-485 in August.
The problem is, even tough I get selected, I don?t think I would be able to submit it so early. My assumption is even though the results are to be published on May 15th, the Visa bulletin will allow applications in September for early numbers as the program starts on October 1st, and by then I would end up out of status.

[abumiqdad]

Thanks. I have read a bit more about it, and found out that the only way I could do it, and remain in the legal status is by submitting I-485 before my visa is to expire, which means I?d need to submitt I-485 in August.
The problem is, even tough I get selected, I don?t think I would be able to submit it so early. My assumption is even though the results are to be published on May 15th, the Visa bulletin will allow applications in September for early numbers as the program starts on October 1st, and by then I would end up out of status.

I think you got that right

[iranlaw]

I have a rather complicated situation. My visa will expire in August 2018. If I was selected in the DV-2019, would it be legal for me to stay in between?
Basically, if I find out on May 15th that I was selected, would it be possible to apply for Change of Status while I am still in the US. I would assume that would be perfectly fine as I would at that point in time be legally in the US.
My next questions is, what happens in the time between August (when my current visa, work permit and I-94 are about to expire), and October 1st which is the first day of fiscal year 2019.
Would I be allowed to apply for EAD even though the DV GC's fiscal year has not yet started? I also assume yes, but I would only be allowed to stay in the US, and not be allowed to start working earlier than Oct 1st, correct?

Any comment would really be helpful. Thanks.

yes your overstaying would be considered illegal and you would have to go back to your home country to apply for DV 2019 from there

https://iranlawcenter.com