H1 Lottery Validity

[Franklin]

Hi ,


I have an H1 lottery , I was picked up in the lottery in October 2008 . How long is this lottery valid , meaning how long can I be without doin a H1 stamping . Please advice

[Subramanya]

I have an H1 lottery , I was picked up in the lottery in October 2008 . How long is this lottery valid , meaning how long can I be without doin a H1 stamping . Please advice

---- It sounds like you have a H1 lottery ticket.

---- As long as you want. however, if you are in the US, you have to work, maintain legal H1 status and get paid, else you will be considered to be out of status

Subramanya

[Franklin]

So u mean to say that i can hold it without stamping as long as i can ?
Because i heard that the lottery expires in one year and we might hav to face some leagal issues incase i try to stamp after that validity period .
And I am not in US though

[Subramanya]

So u mean to say that i can hold it without stamping as long as i can ?
Because i heard that the lottery expires in one year and we might hav to face some leagal issues incase i try to stamp after that validity period .
And I am not in US though

---- You have written the complete details the first time. That's why replies also get repeated and questions start coming in repeatedly.

---- Anyway, if you have an approved H1 (witha valid I-797 petition form your employer) and you are stying out of the country, you can stay as long as you want. The day you wish to enter US, go for the visa stamping with alll the
documetns meant for H1 visa and ensure that you have a job in the US for your H1 at that time. You can then enter US with a valid visa

---- Even while entering at the POE, have the latest employment letter from your employer in your posession, so tht you can provide the same to the IO if they ask for one

----At the outset as per your post there seem to be no legal issues, but we are not judging you by any other yardstick

Subramanya

[Franklin]

one more thing , i am US right now through an L1 , when i stamp my H1 my L1 will get cancelled right ?

And i gt my H1 lottery in October , but i dint stamp it and i came to US in january in L1 , will this scenerio of entering US on L1 when H1 lottery is there
effect me ?

[Subramanya]

one more thing , i am US right now through an L1 , when i stamp my H1 my L1 will get cancelled right ?

---- No, it should not get cancelled. Although a VO may question you about it and at the end if he/she is not convinced they may cancel it without prejudice

And i gt my H1 lottery in October , but i dint stamp it and i came to US in january in L1 , will this scenerio of entering US on L1 when H1 lottery is there effect me

---- As above the H1 will still remain valid as per the validity dates of the I-797 petition. Even if the visa is cancelled the H1 remains valid and you can do a COS from L1 to H1 while you are in the US with valid documentation

Subramanya

[Franklin]

Oh... so i am eligible to proceed with my H1 stampin even after i go to India
but there might be a possiblity where the interviewer in the consulate might reject it for the reason that i am being in US on my L1 even though i had my H1 lottery. Advice if my understanding is wrong