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Dv 2009 - Aos Only

matutelandia said:
Guys, I need your opinion on my situation: I am currently under an H1B visa, which expires on Dec 13 2008, but i still can renew it for 3 more years. I have received a NL from KCC for the DV 2009. I am pretty sure that my number will be current on October 2008. This are my options:

1)Go ahead and renew my H1B visa (remember that expires Dec 13 2008) and also,send the I-485 in October2008 . This will give me peace of mind, since while waiting for the GC I dont have to worry about my legal status and work permit, it will be more expensive though.
2) Do not renew my H1B visa, send the I-485 along with a EAC request, and hope my employment authorization card comes before December 13. This is riskier, but cheaper.
3) Do CP, which, for I have read is much fuster. I could do CP in October. Here I wont have to renew my H1B.

I know this is a strictly personal decision, but if it was you, what would you guys do ?? Any advice is welcomed !!
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I would immediately apply to renew my H1B. The DV Lottery is a lottery until you get your visa at the embassy (CP) or USCIS registers you as a PR (AOS). Unpleasant but true. :) With AOS you can easily get stuck for many many months. With CP you might also get stuck - although my impression is that it's much faster and more predictable.

Any amount you may have to pay for the H1B is going to be insignificant compared to the costs you're going to incur if something goes wrong and you have to leave the US / hire a lawyer / etc.

I've given my opinion on AOS vs. CP in a previous post.
 
In this case, it was delivered on Oct 5, so it was in the 2007 fiscal year.
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Looks very strange.

I had send my AOS to chicago lockbox on september 29 and it was delivered on Oct-5 2006,
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the package was in the mail for 6 days? Very long time for a US mail. Sent on Friday, delivered next Thursday. Strange. The information could be not correct. What if it was delivered in fact on Saturday, September 30? Then it would be the same 2 days as the second time.
At the same time:
11/04/2006 Resend Package
11/06/2006 Pkg Delivered
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It took just 2 days for the same process, even though it was during the weekend. Sent on Saturday, delivered on Monday. On Sunday carriers usually do not work.

Even if you say the first time it was with regular mail, and second time with an Express carrier, 6 days is very unusual even for regular mail. But usually people tend to send important documents to CIS by VERY reliable carriers, like DHL or FedEx, who are all Express carriers.
 
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Guys, I need your opinion on my situation: I am currently under an H1B visa, which expires on Dec 13 2008, but i still can renew it for 3 more years. I have received a NL from KCC for the DV 2009. I am pretty sure that my number will be current on October 2008. This are my options:

1)Go ahead and renew my H1B visa (remember that expires Dec 13 2008) and also,send the I-485 in October2008 . This will give me peace of mind, since while waiting for the GC I dont have to worry about my legal status and work permit, it will be more expensive though.
2) Do not renew my H1B visa, send the I-485 along with a EAC request, and hope my employment authorization card comes before December 13. This is riskier, but cheaper.
3) Do CP, which, for I have read is much fuster. I could do CP in October. Here I wont have to renew my H1B.

I know this is a strictly personal decision, but if it was you, what would you guys do ?? Any advice is welcomed !!
Click to expand...
I would also proceed with H-1B process. And I would probably do CP in parallel.
 
AOS processing

Congratulations and Good luck to everyone.
Thanks all for lot of helpful information.I won a lottery and my case number is AS25xx , which acccording to last year should be current by november.
Therefore I'm going for AOS. I read thru' the forums AOS is problem for lot of people as it takes long time for processing. I'm kind of worried if I'll loose my chance by not getting everything before sep 30 2009. I will be mailing my DS 230 and DSP 230 by choosing AOS very soon.
Well, everyone do keep us posted about your progress and other useful information.

==================================
==> May 5 2008 - NL Recieved
 
AOS processing center

Thanks for all your advises guys, i have few more questions:

1) Is there a "dedicated" processing center for I-485 for DV winners ? I read in some other forums about the "Chicago Lockbox"

2) If threre is a dedicated processing center, do they give priority over other I-485 applications? Or as far as USCIS goes an I-485 processing time does not depend at all on its base (such as family based, PERM based, etc)

3)I-485 Application type (part 2): I don't see any option for "DV winner" in application type. What should it be then: Type a) an immigrant petition giving me an immediately available visa number ..........or Type h)Other basis of eligibility. Explain......

Thanks
 
I will be mailing my DS 230 and DSP 230 by choosing AOS very soon.
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DS-230 is not a part of AOS process and it is not advisable to mail it to KCC.

1) Is there a "dedicated" processing center for I-485 for DV winners ? I read in some other forums about the "Chicago Lockbox"
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You are supposed to contact local CIS and get instructions from them where to send I-485. Most likely it will be Chicago lockbox. However, the place of filing could differ, depending on local CIS. It could be your local CIS.

2) If threre is a dedicated processing center, do they give priority over other I-485 applications? Or as far as USCIS goes an I-485 processing time does not depend at all on its base (such as family based, PERM based, etc)
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In the centers designated for DV processing DV applications are usually processed faster that other I-485 applications.

3)I-485 Application type (part 2): I don't see any option for "DV winner" in application type. What should it be then: Type a) an immigrant petition giving me an immediately available visa number ..........or Type h)Other basis of eligibility. Explain......
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a is for non-quotaed kinds of AOS (when no limits apply).
use h Other. Write INA 203(c)/DV lottery winner in space provided
 
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raevsky said:
a is for non-quotaed kinds of AOS (when no limits apply).
use h Other. Write INA 203(c)/DV lottery winner in space provided
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Thanks for the info raevsky.

What about the spouse? "h" as well or "b" (my spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouses and children).

Thanks
 
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DvWinner09 said:
In uscis website, processing time for Chicago Field office I-485 is as follows:

AS of April 14 2008 it is processing the case of timeframe July 26 2007.
If this is the case we (DV - AOS) not gonna make it in time.
Any ideas,???or it will be different for the DV application.

I found this info on following site:
https://egov.uscis.gov/cris/jsps/officeProcesstimes.jsp?selectedOffice=16

please share your views...
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DvWinner09,
That shedule does not apply to DV petitions. That only applys to other non-DV categories of I-485.
 
Thanks for the reply.

Also can pay DoS, USCIS using our personal check OR does it has to be money order??
 
DOS accepts cashiers's checks and money orders. CIS accepts any checks Iincluding personal checks) by US financial institutions and money orders. Using checks versus money orders gives you more access to information.
 
DS 230 and DSP 122

I know we need to send DSP 122 form to KCC if we choose AOS. But is there any positive/negative stuff by sending DS 230 and phots along with it.
Has anyone read in documents that we need to send <this> form if we're applying for AOS.

Thanks a lot.
 
Yes, you confuse KCC and CIS on the subject whether you want AOS or CP instead, if you send DS-230, which is not an attribute of AOS, but is an atrribute of CP. In case CIS finds out you want to proceed with both processes at the same time, they might deside your AOS is abandoned.

Regarding photos - I am not sure how exactly they are going to keep them in your file. Do not create additional troubles for them, which require additional efforts to keep or handle stuff.
 
Hello again,

Do we need to enclose the stamped envelope while sending DS 122 to KCC or is it only while sending the fee to Dos?

Many Thanks.
 
Hi guys,

I would appreciate if any of you could help me with the following situation:

I received a NL two weeks ago and sent the form back to KCC requesting AOS. My current status is H1B (H4 for my wife). She is planning to go back to our country for the summer and she will have to get her passport stamped at the US Consulate. She will need to fill form DS-156, where questions 36 ask: "Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?"

Since we already notified KCC of our intent to proceed with the DV process, that would qualify as an immigration petition. I was reading the Worried over "Immigrant Intent" forum and raevsky posted a document that addresses this issue.

What worries me is that by answering question 36 on the DS-156 form, my wife might have some problems getting her visa approved and might not be able to come back to the US. However, if I understand the process correctly, we keep our current status (H) until we submit the AOS request, right?

Am I worrying too much and over analyzing the situation or would it be better that she does not leave the US until the DV is completed?

Thank you in advance for your suggestions.
 
First, she has to answer "yes" even if she only participated in the lottery, not even necessarily won it.
Second, H-1 visa is a dual intent visa. Even if you have a much stronger immigrant intent (like submitted I-485 or DS-230), you cannot be disqualified from H-1 because of that. Another visa with dual intent is L-1. Dependents of H-1 and L-1 have dual intent too. Between pure dual intent visas and pure nonimmigrant intent visas there is a wide spector of visas, that all have various degrees of tolerance to immigrant intent. For instance, K-visas and O-1 visa are almost pure dual intent visas. E-1 and E-2 visas are also close to the high end of the spector.
 
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Raevsky is right. With H1 visas the consulate can't disqualify you because you show immigrant intent. In fact the vast majority of H1 holders have an immigrant AOS petition filed in one category or another.
 
KCC forms deadline

Hi Guys, question: I haven't decided yet whether I will go for AOS or CP. Is it Ok if I wait until September to send the forms to KCC? Will this wait affect my situation?
I have read that some people that went through AOS didn't even send any form to KCC (not even the DSP-122) and came out successful, but what about if you decide to go for CP? will sending the forms in september delay the interview?

Thanks for all your help !!!
 
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