DV 2017 Graduating F1 Student Returning on New F1

[xellos93]

Hi,

I'm currently an F1 undergraduate student and I just found out I got selected for further processing in DV 2017 (CN: 2017EU6xxx). The thing is I am graduating at the end of the month, so my F1 visa is expiring, but I will be soon acquiring a new F1 visa to start PhD studies at a different university in August. I will be out of the US between end of May and start of August.

Given my relatively low CN and the fact that I want to minimize disruptions to my work during my PhD program, I think I will go for AOS instead of CP. I was wondering when I should file the DS260. Should I wait until I enter the US on my new F1 visa in August? Is there anything else I should be careful about?

Thank you!

 

[MissM88]

Not sure but just wanted to say congrats on being selected

 

[Tazmania]

As far as I remember you can only file for AOS once your casenumber is current which is probably in October/November.

 

[SusieQQQ]

Hi,

I'm currently an F1 undergraduate student and I just found out I got selected for further processing in DV 2017 (CN: 2017EU6xxx). The thing is I am graduating at the end of the month, so my F1 visa is expiring, but I will be soon acquiring a new F1 visa to start PhD studies at a different university in August. I will be out of the US between end of May and start of August.

Given my relatively low CN and the fact that I want to minimize disruptions to my work during my PhD program, I think I will go for AOS instead of CP. I was wondering when I should file the DS260. Should I wait until I enter the US on my new F1 visa in August? Is there anything else I should be careful about?

Thank you!

If you file your DS260 (which shows immigrant intent) before applying for the F1 (non immigrant visa) it can cause problems, so yes you should wait. And don't file it as soon as you land!!

You should however also read the first post of the current AOS thread and the spreadsheet linked in it, and take careful note of the advantages and disadvantages of AOS, and in particular you should be aware that whereas consular processing will (assuming DS filed in time and no AP) get you a visa in the month you are current and a green card as soon as you land with it, with AOS you can wait for months after you are current to get a green card. It may be worth your while to fly home for an interview, taking your medicals into account you'd probably need a couple of weeks for that though. You may want to read the last few pages of the thread too to get an idea of the kind of problems some people seem to face. In short, it's far less disruptive in terms of not having to leave the US, but it can be an incredibly stressful process especially if you are one of the people who seems to need constant infopass appointments to try move your case along.

 

[xellos93]

If you file your DS260 (which shows immigrant intent) before applying for the F1 (non immigrant visa) it can cause problems, so yes you should wait. And don't file it as soon as you land!!

You should however also read the first post of the current AOS thread and the spreadsheet linked in it, and take careful note of the advantages and disadvantages of AOS, and in particular you should be aware that whereas consular processing will (assuming DS filed in time and no AP) get you a visa in the month you are current and a green card as soon as you land with it, with AOS you can wait for months after you are current to get a green card. It may be worth your while to fly home for an interview, taking your medicals into account you'd probably need a couple of weeks for that though. You may want to read the last few pages of the thread too to get an idea of the kind of problems some people seem to face. In short, it's far less disruptive in terms of not having to leave the US, but it can be an incredibly stressful process especially if you are one of the people who seems to need constant infopass appointments to try move your case along.

Thanks for the answer. I have been looking at the spreadsheet, and, while it's obvious AOS takes longer than CP, it seems people on this forum don't have trouble getting it by the deadline. Given my low CN (probably will be current on October VB), I feel like I would have plenty of time. But you do make a good point about the stress and various issues and delays that can occur with AOS. I'll peruse the whole AOS thread and make a decision. I do have three follow-up questions:

1) Should I wait to file the DS260 until after I arrive in the US on my new F1 visa regardless of whether I am doing CP or AOS?

2) How long would it be safe to wait before filing the DS260 after arriving in the US on my new F1 visa. Is 30 days reasonable?

3) Medicals is a big reason why I don't want to do CP. It will be very difficult for me to be away from graduate school for a couple of weeks for those. If you're doing CP, can you schedule a medical before you actually get processed by the KCC and approved for an interview? If I'll go with CP, I was considering the idea of doing the medical while I'm in my country of residence, in late July. Afterwards I will be in the US for grad school and things get complicated. Hopefully I would get scheduled for an interview back in my country of residence by the end of the 6-month validity period for the medical exam, given my low CN (2017EU6xxx).

Thank you!

 

[Sm1smom]

If you file your DS260 (which shows immigrant intent) before applying for the F1 (non immigrant visa) it can cause problems, so yes you should wait. And don't file it as soon as you land!!

You should however also read the first post of the current AOS thread and the spreadsheet linked in it, and take careful note of the advantages and disadvantages of AOS, and in particular you should be aware that whereas consular processing will (assuming DS filed in time and no AP) get you a visa in the month you are current and a green card as soon as you land with it, with AOS you can wait for months after you are current to get a green card. It may be worth your while to fly home for an interview, taking your medicals into account you'd probably need a couple of weeks for that though. You may want to read the last few pages of the thread too to get an idea of the kind of problems some people seem to face. In short, it's far less disruptive in terms of not having to leave the US, but it can be an incredibly stressful process especially if you are one of the people who seems to need constant infopass appointments to try move your case along.

While AOS may appear stressful at a glance, the bigger picture I try to paint for people when they're considering AOS viz a viz CP, is the possibility of being stuck outside on AP. We do have a 2016 petitioner whose case has been stuck on AP since January (I think? not sure of the exact month of interview). Anyway that individual would have been stuck outside the US since the conclusion of their interview - and I think that CN was actually current in October.

The stress of doing INFOPASS to move the case along pales in comparison to taking time off work, taking kids out of school (for those with family), cost of flying home, and the possibility of being stuck in AP - that in particular -IMHO.

 

[Sm1smom]

Thanks for the answer. I have been looking at the spreadsheet, and, while it's obvious AOS takes longer than CP, it seems people on this forum don't have trouble getting it by the deadline. Given my low CN (probably will be current on October VB), I feel like I would have plenty of time. But you do make a good point about the stress and various issues and delays that can occur with AOS. I'll peruse the whole AOS thread and make a decision. I do have three follow-up questions:

1) Should I wait to file the DS260 until after I arrive in the US on my new F1 visa regardless of whether I am doing CP or AOS?

2) How long would it be safe to wait before filing the DS260 after arriving in the US on my new F1 visa. Is 30 days reasonable?

3) Medicals is a big reason why I don't want to do CP. It will be very difficult for me to be away from graduate school for a couple of weeks for those. If you're doing CP, can you schedule a medical before you actually get processed by the KCC and approved for an interview? If I'll go with CP, I was considering the idea of doing the medical while I'm in my country of residence, in late July. Afterwards I will be in the US for grad school and things get complicated. Hopefully I would get scheduled for an interview back in my country of residence by the end of the 6-month validity period for the medical exam, given my low CN (2017EU6xxx).

Thank you!

You're absolutely right in your observation regarding people still making it through the deadline even with the associated stress.

1. Yes
2. For AOS, a 60 - 90 days wait is ideal. KCC doesn't need to process the case prior to being scheduled for an interview, so that shouldn't be an issue. We've had cases of people who submitted their DS-260 form same month of filing AOS (or even after) and it hasn't affected their case in any way AFAIK.
3. For most CP cases (if not all), you'll need to be scheduled for an interview before you can book your medical appointment with the applicable CS.

 

[Sm1smom]

Looks like this Thread is beginning to develop a life of its own, which means DV 2017 AOS Thread needs to be created

 

[Britsimon]

Looks like this Thread is beginning to develop a life of its own, which means DV 2017 AOS Thread needs to be created

Yes - I had a PM from a DV2017er who PM'd because there was no 2017AoS thread. Time to open shop Mom!

 

[Sm1smom]

Yes - I had a PM from a DV2017er who PM'd because there was no 2017AoS thread. Time to open shop Mom!

Business taken care of already

Although you should have encouraged the person to start the Thread

 

[Britsimon]

While AOS may appear stressful at a glance, the bigger picture I try to paint for people when they're considering AOS viz a viz CP, is the possibility of being stuck outside on AP. We do have a 2016 petitioner whose case has been stuck on AP since January (I think? not sure of the exact month of interview). Anyway that individual would have been stuck outside the US since the conclusion of their interview - and I think that CN was actually current in October.

The stress of doing INFOPASS to move the case along pales in comparison to taking time off work, taking kids out of school (for those with family), cost of flying home, and the possibility of being stuck in AP - that in particular -IMHO.

100% agreed. Also, despite all the complaints about the FOs and so on and the stress of infopasses, it is likely that most AOS cases would be processed in time without any intervention. So I think we sometimes add to the stress levels because we are waiting for a kettle boil and trying to shout at the water to speed up the process. The infopass appointments themselves are a piece of cake IF people understand the very few questions they need to ask.

Contrast that against CP where the selectee has no right of appeal, AP delays are a real danger, and paperwork and medical requirements are increased, and people should seriously consider the AOS route...

 

[Britsimon]

Business taken care of already

Although you should have encouraged the person to start the Thread

That is your honor. Plus, I tell people to "check the spreadsheet linked from the first post of the AOS thread". I would have to reword that canned response!!!

 

[Sm1smom]

That is your honor. Plus, I tell people to "check the spreadsheet linked from the first post of the AOS thread". I would have to reword that canned response!!!

Lol to the canned response.

 

[SusieQQQ]

While AOS may appear stressful at a glance, the bigger picture I try to paint for people when they're considering AOS viz a viz CP, is the possibility of being stuck outside on AP. We do have a 2016 petitioner whose case has been stuck on AP since January (I think? not sure of the exact month of interview). Anyway that individual would have been stuck outside the US since the conclusion of their interview - and I think that CN was actually current in October.

The stress of doing INFOPASS to move the case along pales in comparison to taking time off work, taking kids out of school (for those with family), cost of flying home, and the possibility of being stuck in AP - that in particular -IMHO.

100% agreed. Also, despite all the complaints about the FOs and so on and the stress of infopasses, it is likely that most AOS cases would be processed in time without any intervention. So I think we sometimes add to the stress levels because we are waiting for a kettle boil and trying to shout at the water to speed up the process. The infopass appointments themselves are a piece of cake IF people understand the very few questions they need to ask.

Contrast that against CP where the selectee has no right of appeal, AP delays are a real danger, and paperwork and medical requirements are increased, and people should seriously consider the AOS route...

I would tend to agree with the remarks above, however, every year on the AOS thread we have people complaining about the length of time it takes and stating that they wish they had done CP, so I just wanted to be sure this poster went in with eyes open. S/he also doesn't face the problem some others do of potentially have their statuses run out while they are waiting for AOS.

One thing not mentioned above is that financial requirements are often more onerous for AOS ie the person, as a student especially, needs to be able to get an affidavit of support from someone. We know that in many instances CP doesn't even ask, and in those that they do savings rather than an affidavit is sufficient. And even if the required affidavit is not legally binding, it is still not always easy to get someone to sign an official document that they will support you if necessary. There have been people on the AOS thread who do not know anyone who will do this for them.

...and to be fair, we know AP is a pretty low percentage all in all, but point taken about potentially being stuck outside the country. I'm not so sure the point about appealing is that valid because by the time the appeal gets heard in all likelihood the fiscal year has ended anyway.

Bottom line is that while AOS is probably better for most people, there will be people whose individual circumstances might mean CP is better and I gather most of the complaints on the AOS thread are from people who didn't understand that for their own particular circumstance AOS might not have been the best route.

 

[Sm1smom]

I would tend to agree with the remarks above, however, every year on the AOS thread we have people complaining about the length of time it takes and stating that they wish they had done CP, so I just wanted to be sure this poster went in with eyes open. S/he also doesn't face the problem some others do of potentially have their statuses run out while they are waiting for AOS.

One thing not mentioned above is that financial requirements are often more onerous for AOS ie the person, as a student especially, needs to be able to get an affidavit of support from someone. We know that in many instances CP doesn't even ask, and in those that they do savings rather than an affidavit is sufficient. And even if the required affidavit is not legally binding, it is still not always easy to get someone to sign an official document that they will support you if necessary. There have been people on the AOS thread who do not know anyone who will do this for them.

...and to be fair, we know AP is a pretty low percentage all in all, but point taken about potentially being stuck outside the country. I'm not so sure the point about appealing is that valid because by the time the appeal gets heard in all likelihood the fiscal year has ended anyway.

Bottom line is that while AOS is probably better for most people, there will be people whose individual circumstances might mean CP is better and I gather most of the complaints on the AOS thread are from people who didn't understand that for their own particular circumstance AOS might not have been the best route.

I feel the supposed stress or complaint from most is traceable to their misunderstanding of the early filing policy. The standard processing period has typically been 3-4 months from when the CN becomes current. However, most of the guys (if not all) now assume because of the early filing memo the counting starts 2 months prior.

And I feel it may be hard to assume one is better off processing CP, considering we don't know precisely what triggers off AP - one shouldn't assume their CP will be straightforward and would be back in the US shortly.

A student who is able to show sufficient savings of their own may also not be required to submit an affidavit. We only encourage them to have it as part of crossing the t's and dotting the i's.

Talking about the possibility of an appeal, it's not always a formal process. We had a case of a petitioner who was wrongly denied (2 years ago?) in September - yes, the last month of the FY year. We encouraged her to return to her FO, point out the error and she ended up being approved. A process completely unavailable to CP.