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DV 2017 AOS Only

MindCurious said:
Why is that, and what are some potential problems that might occur if I don't do so?
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Admittedly OPT is a benefit of F-1 status, its approval isn't guaranteed so it shouldn't be taken for granted it will always be approved.

Having an approved OPT on hand (or filing for one) prior to filing AOS ensures a fall back status if the AOS petition gets denied for some reason. Not the same if the OPT petition gets submitted after the AOS petition as already been filed.
 
Hi,
I am a DV2017 selectee from Egypt with case number AF00016XXX and planning to do AOS.

I have a few questions, thanks in advance for your help.
1. Is it important to submit form DS-260 ahead, and why does it matter?

2. When I originally submitted my DV application I included my wife and my two children. However, my children were both born here and both are US citizens, and I chose their place of birth and citizenship in the application accordingly.
What happens now, is that when I go to the DS-260 I find everybody listed including my wife and both children. I would like to only apply for myself and my wife.
So should I just not fill the children part for DS-260 or what should I do?

3. Based my last years numbers, my number is not that high for Egypt but it seems Egypt has a special case this year and although in Africa my number will be current in Dec., it is still way ahead for Egypt.
Within the last 5 years, the worst for this number for Egypt was to be current in April. If that's the case this year (or worse), would I be cutting it too close? Should I better hire an attorney from now or wait and see?

4. In one story I read before, someone's number became current in Sept., he filed in July and walked-In for biometrics. Through infopass his attorney got him an interview on Sept. 2nd (although original biometrics date was Sept. 11th or so). Is that even possible? Can you setup and infopass and use it for your interview?

Thanks a lot.
 
Hello,thank you for your help.I got selected for DV LOTTERY 2017.since my green card is not certain until interview , can I register for DV LOTTERY 2018 ?
 
Hi mom! Is there any "typical" timeframe for the EAD to be approved? Would that go hand in hand with the AOS or gets approved (or not) prior regardless?
 
ModyRony said:
Hi,
I am a DV2017 selectee from Egypt with case number AF00016XXX and planning to do AOS.

I have a few questions, thanks in advance for your help.
1. Is it important to submit form DS-260 ahead, and why does it matter?

2. When I originally submitted my DV application I included my wife and my two children. However, my children were both born here and both are US citizens, and I chose their place of birth and citizenship in the application accordingly.
What happens now, is that when I go to the DS-260 I find everybody listed including my wife and both children. I would like to only apply for myself and my wife.
So should I just not fill the children part for DS-260 or what should I do?

3. Based my last years numbers, my number is not that high for Egypt but it seems Egypt has a special case this year and although in Africa my number will be current in Dec., it is still way ahead for Egypt.
Within the last 5 years, the worst for this number for Egypt was to be current in April. If that's the case this year (or worse), would I be cutting it too close? Should I better hire an attorney from now or wait and see?

4. In one story I read before, someone's number became current in Sept., he filed in July and walked-In for biometrics. Through infopass his attorney got him an interview on Sept. 2nd (although original biometrics date was Sept. 11th or so). Is that even possible? Can you setup and infopass and use it for your interview?

Thanks a lot.
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1. We recommend submission of DS260, your call whether or not to submit it.

2. You'll only need to fill out the form for yourself and your wife.

3. An attorney cannot influence or haste the processing of a DV case AFAIK. If you're current in April, there's enough time to finish the AOS process - the unusual long wait most petitioners experience is tied to pending background checks - there's not much, almost nothing any outside source can do about that.

4. Which case is that? What's the name of the person who posted this? I need to read the actual post to better understand the context within which the referenced post was made.
 
Vrbmon said:
Hi mom! Is there any "typical" timeframe for the EAD to be approved? Would that go hand in hand with the AOS or gets approved (or not) prior regardless?
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Typical processing time for the EAD is 3-4 months, about the same time for most DV based AOS cases (as in those not experiencing any delay due to a pending background check, or due to the FO bunching up AOS cases).
 
One week past and I have not received any email or message that shows they received my AOS package. Is it ok? Or they may send it back to me?
 
Hi I just learnt that I won the DV-2017 lottery when I was applying for DV-2018 and checking my status :) and the surprising thing is my case number is low. I found that it will be current in Nov according to the advance Visa bulletin (for the month of November). I’m currently in the US with legal status and confirmed that I’m eligible to adjust my status, can I do so without submitting the DS-260?
I called KCC and they said it’s advisable to submit DS-260 but not necessary so I made a money order with the DV fee payment of $330 to DOS as the first step without submitting DS-260 to KCC, is that fine? Thank you so much.
 
Yasmin Deema said:
Hi I just learnt that I won the DV-2017 lottery when I was applying for DV-2018 and checking my status :) and the surprising thing is my case number is low. I found that it will be current in Nov according to the advance Visa bulletin (for the month of November). I’m currently in the US with legal status and confirmed that I’m eligible to adjust my status, can I do so without submitting the DS-260?
I called KCC and they said it’s advisable to submit DS-260 but not necessary so I made a money order with the DV fee payment of $330 to DOS as the first step without submitting DS-260 to KCC, is that fine? Thank you so much.
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Yes you may submit the AOS package without submitting the DS-260 form.

On the other hand, since the DS-260 is done online, you may still go ahead and submit it too - this can be done before or at the same time you're sending in your AOS package (or shortly after sending in the AOS package as a matter of fact).

Like KCC, we also require for AOSers to submit the form, however it's your call regarding the need to submit it or not.
 
Yasmin Deema said:
Hi I just learnt that I won the DV-2017 lottery when I was applying for DV-2018 and checking my status :) and the surprising thing is my case number is low. I found that it will be current in Nov according to the advance Visa bulletin (for the month of November). I’m currently in the US with legal status and confirmed that I’m eligible to adjust my status, can I do so without submitting the DS-260?
I called KCC and they said it’s advisable to submit DS-260 but not necessary so I made a money order with the DV fee payment of $330 to DOS as the first step without submitting DS-260 to KCC, is that fine? Thank you so much.
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I know you already mentioned you're in the US with a legal status and you've already confirmed you're AOS eligible.

However, I hope your aware of the need to at least still be in a valid legal status as at the time your AOS package is formally received by USCIS? I personally push it a bit further and encourage petitioners to ensure they do not go out of their current status all the way to the interview date (I know for some this may not be possible).
 
Sm1smom said:
Admittedly OPT is a benefit of F-1 status, its approval isn't guaranteed so it shouldn't be taken for granted it will always be approved.

Having an approved OPT on hand (or filing for one) prior to filing AOS ensures a fall back status if the AOS petition gets denied for some reason. Not the same if the OPT petition gets submitted after the AOS petition as already been filed.
Click to expand...

Hello,

I understand that if you file the AOS before filing for OPT, you risk getting the OPT. I have two questions:

1) I assume if I am filing for STEM OPT extension, the case is the same: I might not get the extension, because I have shown immigrant intent beforehand by filing for AOS?
2) If we assume that the OPT gets approved even though I filed after filing for AOS and the AOS gets denied, will my status fall back to OPT?

Thank you!
 
FruitBasket said:
Hello,

I understand that if you file the AOS before filing for OPT, you risk getting the OPT. I have two questions:

1) I assume if I am filing for STEM OPT extension, the case is the same: I might not get the extension, because I have shown immigrant intent beforehand by filing for AOS?
2) If we assume that the OPT gets approved even though I filed after filing for AOS and the AOS gets denied, will my status fall back to OPT?

Thank you!
Click to expand...

1. I've never said one may not get an OPT approval based on having demonstrated an immigrant intent. What I said (and I'm still saying) is that while OPT is known and recognized as a F1 benefit, it's approval isn't always guaranteed.

2. Assuming while waiting for the adjudication of the AOS petition, one did not use an AOS based EAD card to undertake authorized employment, then yes you'll automatically fall back on your current OPT status in the event of an AOS denial.
 
Sm1smom said:
1. I've never said one may not get an OPT approval based on having demonstrated an immigrant intent. What I said (and I'm still saying) is that while OPT is known and recognized as a F1 benefit, it's approval isn't always guaranteed.

2. Assuming while waiting for the adjudication of the AOS petition, one did not use an AOS based EAD card to undertake authorized employment, then yes you'll automatically fall back on your current OPT status in the event of an AOS denial.
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Then why does it matter that I file OPT before the AOS?
I understand approval isn't always guaranteed. Were there cases where filing AOS before OPT interfered with getting the OPT approved?

I don't want to be nit-picky here, just want to understand the logic behind what you said. I am really grateful that you help me and all these other people with excellent advice! Thank you!
 
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FruitBasket said:
Then why does it matter that I file OPT before the AOS?
I understand approval isn't always guaranteed. Were there cases where filing AOS before OPT interfered with getting the OPT approved?

I don't want to be nit-picky here, just want to understand the logic behind what you said. I am really grateful that you help me and all these other people with excellent advice! Thank you!
Click to expand...

1. Re-read my previous post which you earlier on quoted.

2. OPT denial can be for any reason - not necessarily because one has demonstrated an immigrant intent.
 
Sm1smom said:
1. Re-read my previous post which you earlier on quoted.

2. OPT denial can be for any reason - not necessarily because one has demonstrated an immigrant intent.
Click to expand...

I read that answer again, but it is not clear to me how to interpret it, because I think you gave conflicting answers.
"Having an approved OPT on hand (or filing for one) prior to filing AOS ensures a fall back status if the AOS petition gets denied for some reason. Not the same if the OPT petition gets submitted after the AOS petition as already been filed."
What do you mean by "not the same"? Do you mean that "if the OPT petition gets submitted after the AOS petition as already been filed" and my AOS gets denied (and I didn't use an AOS based EAD card), I won't have a status to fall back on?

I asked this question before ("If we assume that the OPT gets approved even though I filed after filing for AOS and the AOS gets denied, will my status fall back to OPT?"), but it seemed to me that you ignored the part of the question which said that I file the OPT after filing AOS, because your answer was contradictory to the very first answer I quoted.
 
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