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DV 2018 AOS Only

Sm1smom said:
You send the original version of the English translation and a copy of the original certificate/document itself.
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Thank you.
I have only one original translation of my certificates from my country. I am wondering if I send them to USCIS, will I need another original translation for my interview?
 
Hello! Apologies as this might be a silly question but I've read through and see it's not necessary for AOS to submit a ds260. If you don't submit this how to USCIS know you are wishing to take up the GC offer ? Do they just automatically send every winner the 2NL in the mail when their case number is up?
 
Akramjoon said:
Thank you.
I have only one original translation of my certificates from my country. I am wondering if I send them to USCIS, will I need another original translation for my interview?
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If the translation doesn’t get misplaced, a new one may not be required.

However, hope you’re aware the translation isn’t required to be specifically from your country? Also the translation you currently have, does it include a signed certified statement from the translator attesting to their fluency in in both English and the language the document was translated from?
 
Samanda said:
Hello! Apologies as this might be a silly question but I've read through and see it's not necessary for AOS to submit a ds260. If you don't submit this how to USCIS know you are wishing to take up the GC offer ? Do they just automatically send every winner the 2NL in the mail when their case number is up?
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No they don’t automatically send out 2NL to all selectees. Only those who submitted the DS260 form gets the 2NL in the case of AOSers. For CP, those who submit the DS260 form and gets fully processed by KCC in addition to the CNs becoming current will receive the 2NL.

For an AOSers who refuses to submit DS260 form, KCC becomes aware of their AOS plan when their DV administrative fee is received, or when the FO request for their DV file from KCC.
 
Sm1smom said:
No they don’t automatically send out 2NL to all selectees. Only those who submitted the DS260 form gets the 2NL in the case of AOSers. For CP, those who submit the DS260 form and gets fully processed by KCC in addition to the CNs becoming current will receive the 2NL.

For an AOSers who refuses to submit DS260 form, KCC becomes aware of their AOS plan when their DV administrative fee is received, or when the FO request for their DV file from KCC.
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Thank you for responding so promptly. So if your case number becomes apparent and you are pressed for time / yet to submit the ds260 you can pay the fee and send off your AOS package without the 2NL ? You would be eliminationing a step/few weeks from the process correct?
 
Sm1smom said:
If the translation doesn’t get misplaced, a new one may not be required.

However, hope you’re aware the translation isn’t required to be specifically from your country? Also the translation you currently have, does it include a signed certified statement from the translator attesting to their fluency in in both English and the language the document was translated from?
Click to expand...
No it in included a certified statement only in English and stamped in original language, but it is mentioned that it is an official translator. I know I can translate it here but I have not found any reliable source yet.
 
Samanda said:
Thank you for responding so promptly. So if your case number becomes apparent and you are pressed for time / yet to submit the ds260 you can pay the fee and send off your AOS package without the 2NL ? You would be eliminationing a step/few weeks from the process correct?
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Yes you may submit the AOS package (which should include the payment receipt) without the 2NL.
 
Akramjoon said:
No it in included a certified statement only in English and stamped in original language, but it is mentioned that it is an official translator. I know I can translate it here but I have not found any reliable source yet.
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The certified statement should be in English. It should say the translator is fluent both in English and the language the document was translated from.
 
Sm1smom said:
Hmmn, I’m not sure if your wife hasn’t jeopardized the AOS approval. AFAIK, one can’t have dual status. She’s either F2 or TPS. I believe since she entered with F2, she shouldn’t have been working with the TPS EAD card. You might want to seek some legal opinion on this.
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Hello Mom and Bhupen,

I have similar situation, but my wife is in h4. She was working on F1, and since did not get selected on H1b lottery, she changed to H4, and used TPS EAD to work. Her company lawyer told that it is ok to work on TPS. And you can hold TPS (which is actually not a status but protection) with any other status which can help in case of fall back (if you lose your status then tps will help to protect from being out of status).

I see lawyer are also divided in this, if you google there are bunch of reply on avvo: some are mentioning it is ok and some mentioning not.
 
MBK said:
Hello Mom and Bhupen,

I have similar situation, but my wife is in h4. She was working on F1, and since did not get selected on H1b lottery, she changed to H4, and used TPS EAD to work. Her company lawyer told that it is ok to work on TPS. And you can hold TPS (which is actually not a status but protection) with any other status which can help in case of fall back (if you lose your status then tps will help to protect from being out of status).

I see lawyer are also divided in this, if you google there are bunch of reply on avvo: some are mentioning it is ok and some mentioning not.
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I guess you’ll both find out when you go for your AOS interview. Keep us posted.
 
Hi mom, Sorry to bother you again. I took my medical examination before October and the I-693 was last version, I asked the Doctor to print it out again in the new version but Influenza is still marked "not Flu Season". Does it hurt the form and should I make it now despite the fact the date of signature in for before October?
I think I should not have changed the form. Is it alright if the date of civil signature is befor the date of form revision?
 
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Hi Mom,
I wonder if we can use PO BOX address as the mailing address in the form I 485?
There is also a mailing or safe address, which I do not know if I should put the PO BOX address there.
I look forward for your guidance.
Thank you!
 
MBK said:
Hello Mom and Bhupen,

I have similar situation, but my wife is in h4. She was working on F1, and since did not get selected on H1b lottery, she changed to H4, and used TPS EAD to work. Her company lawyer told that it is ok to work on TPS. And you can hold TPS (which is actually not a status but protection) with any other status which can help in case of fall back (if you lose your status then tps will help to protect from being out of status).

I see lawyer are also divided in this, if you google there are bunch of reply on avvo: some are mentioning it is ok and some mentioning not.
Click to expand...

Not sure if the situation is exactly the same, the other poster as I recall mentioned his wife had returned to home country, then got F visa and entered on F status but continued to use previously issued TPS EAD. It sounds as though your wife did not leave during the processes you mentioned above?
 
I have a couple of questions about filing I-485
I have read most of the pages in this forum but I could not find them
1- Do I have any A Number? (I am in F1 visa)
2- should I fill all the questions that are not related to me wit "N/A" even for "Interpreters" which I do not have?
As the instruction said, there should not be any blank spot
 
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MBK said:
Hello Mom and Bhupen,

I have similar situation, but my wife is in h4. She was working on F1, and since did not get selected on H1b lottery, she changed to H4, and used TPS EAD to work. Her company lawyer told that it is ok to work on TPS. And you can hold TPS (which is actually not a status but protection) with any other status which can help in case of fall back (if you lose your status then tps will help to protect from being out of status).

I see lawyer are also divided in this, if you google there are bunch of reply on avvo: some are mentioning it is ok and some mentioning not.
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This seems pretty specific that the provisions of the non-immigrant status must be adhered to regarding what work is allowed, regardless of holding EAD from TPS. If the visa limits or prohibits work, that overrides receipt of the EAD and using the EAD to work violates the non immigrant status. (I personally have no idea if this is relevant for AOS if TPS status is there?)
http://myattorneyusa.com/using-employment-authorization-from-tps-while-holding-nonimmigrant-status

The uscis memo that the above site refers to is here: https://www.nafsa.org/uploadedFiles... and the Ability to Work for Joint F1 TPS.pdf

Also note that the USCIS memo itself does indeed refer to TPS as a status.


Do hope both of you come back and report on your outcomes, there must be others out there who will benefit from knowing.
 
SusieQQQ said:
Not sure if the situation is exactly the same, the other poster as I recall mentioned his wife had returned to home country, then got F visa and entered on F status but continued to use previously issued TPS EAD. It sounds as though your wife did not leave during the processes you mentioned above?
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You are right, ours and his case are different. I mis read his situation.
 
SusieQQQ said:
This seems pretty specific that the provisions of the non-immigrant status must be adhered to regarding what work is allowed, regardless of holding EAD from TPS. If the visa limits or prohibits work, that overrides receipt of the EAD and using the EAD to work violates the non immigrant status. (I personally have no idea if this is relevant for AOS if TPS status is there?)
(removed link because did not allow to post)

The uscis memo that the above site refers to is here:
(removed link because did not allow to post)

Also note that the USCIS memo itself does indeed refer to TPS as a status.


Do hope both of you come back and report on your outcomes, there must be others out there who will benefit from knowing.
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Yes, this document seems like newer one then I referred to, I referred to the following doc, at the end it has QA about non-immigrant status and TPS:

"syriaTPS-USCIS-FAQ.pdf" (search by the keyword, it doesn't allow to put link)

Now, looking at the new memo I am a bit concerned about our AOS, Lawyer we consulted at that time also mentioned it is ok to maintain two status and work. But new memo seems to be strict about using TPS EAD for non immigrant status. One of my friend recently received employment based Green Card, but he was only on TPS. I wanted to consult lawyers about this but they are pretty much divided, and we went with my wifes company lawyer suggestion.

I have a few questions that concerns me:

1) Since my wife is on TPS (we have mentioned status as h4 on I485 application, but also provided copy of TPS EAD ). Will this stop adjusting status only based on non immigrant status (working on h4)?


2) I am the prinicipal applicant and am in H1B. If situation gets against our favour in (1) then does it affect both or only one ?

Thanks SusieQQQ for pointing me to the document. We will keep on posting our case, we are currently waiting for interview letter
 
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