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Law Educator, Esq.
Law Educator, Esq., Immigration Law Answer Team
Category: Immigration Law
Satisfied Customers: 116716
Experience:  Immigration Law Expert
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You will probably find my case a little problematic but

Customer Question

Hi. You will probably find my case a little problematic but you are my only hope. I entered in Usa on a H2b in 2013(my wife was H4), we switched to B2 for 6 months (we received the answer for B2 very late--april 24th/expiring may 30th; in may 2014 back on H2b(this time both if us);november 2014 filling for B2 again-case still pending-request for B2 expiring may 30th 2015(3 weeks from now). Now I found out that I'm the happy winner of Dv216 -case number ***** and we want to try everything that is possible to file Aos instead of Cp. Problem is what happens if we receive too late the answer for B2(eg:may 29th),assuming that is positive, can we still apply for other change of status to F1 or another B2 until we are able to file Aos, or would it be considered dual intend?(-because F1 nonimmigrant status).Please let me know what would the best chance and what would be possible to be done if worst case scenario B2 comes negative? Thank you for your time.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you have the documents proving the receipt of the B2 answer and the other documents showing late notice, you will need to bring that to your visa interview and disclose that to them. If your visa is expiring, you can apply for your AOS pending the approval of the diversity lottery visa and if you have the B2 it is best to apply to renew that visa by filing for the B2 visa extension.