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DV 2018 AOS Only

Discussion in 'Lottery Visas - DV' started by Sm1smom, May 2, 2017.

  1. geol8

    geol8 Member

    Hi, This is an extract from the Early Filing Memorandum. Page 4, paragraph 3

    "For example, the September 2013 Visa Bulletin will contain advance notification of FY 2014 DV rank cut-off numbers for October 2013. Persons having a rank cut-off number below that listed in the advance notification will be eligible to file their FY 2014 DV application immediately upon publication of the September 2013 Visa Bulletin (i.e., on or about August 9, 2013)."

    In other words, applicants whose case number falls below the cut-off shown for October 2017 in the Advance Notification of the September 2017 Visa Bulletin (dated August 9, 2017) can file now. Previous to the beggining of the 2018 Fiscal Year.

    What do the administrators think about this?
    I'd appreciate your opinion
     
  2. Britsimon

    Britsimon Super Moderator

    Technically, that is correct. However, there is an increased risk of rejection of the case and even subsequent denial at interview. Both those things would be incorrect - but troublesome. So - if you don't *need* to process your case in the fastest possible time (need is not the same as want) - the recommendation is to wait and file on October 1.
     
  3. geol8

    geol8 Member

    Got it, I need it ASAP for economic reasons so I submitted it yesterday. Thank you. I'll keep you posted of my process
     
  4. Britsimon

    Britsimon Super Moderator

    OK - just be aware that AOS sometimes goes fast, sometimes doesn't. The FOs often process in their own time - so early submission doesn't guarantee early processing.

    And by the way - "economic reasons" would fall under my definition of "want", not "need".
     
  5. Sm1smom

    Sm1smom Super Moderator

    In addition to what Simon, the fact that you submitted your package now (in August) does not mean your FO will go ahead and schedule you for an interview right away.

    As a matter of fact, an interview is not going to happen before your CN actually becomes current which is October. And it may also end up being several months after before you get scheduled.

    Which is your FO by the way?
     
  6. geol8

    geol8 Member

    Understood, thank you.

    My FO is Newark, any information about it?
     
  7. Sm1smom

    Sm1smom Super Moderator

    The Timelines spreadsheets do contain useful information you can refer to. The 2017 Timeline spreadsheet for instance has two Newark cases listed. The first one current in Oct, packaged accepted by USCIS on 10/5, IL received 11/28, interview date 12/29. Second one current in November, package received 11/7, IL received 1/30, interview date 2/8.

    Previous Timelines spreadsheets also contain information about the Newark FO you can refer to. Bear in mind when you do get approved has to do with when your background check clears, I have bothered to list when the two cases I referenced above got approved, you can find the information on the spreadsheet yourself.
     
  8. geol8

    geol8 Member

    Agreed. Thank you
     
  9. westcoast2006

    westcoast2006 New Member

    First of all, thank you for all of the great information provided here. It is an extremely helpful resource.

    I believe that my personal situation is a little complicated, and would appreciate some opinions on what to do next. Below, I have listed out some key information, a timeline of events, and some questions.

    Key information about my situation:
    • Currently living in the US on an E3 visa
    • Have been approved for an H1B visa (with consular processing), so am eligible to get the H1B at a foreign embassy/consulate from Oct 1, 2017 onwards
    • My number in DV lottery is likely to become current in December 2017 (give or take a month or two)
    • May have violated 30 day rule (by submitting DS-260 shortly after entering US)
    Timeline of key events:
    • Mid-2014: Received F1 visa and entered US for a 2-year graduate degree
    • Mid-2016: Converted F1 visa to F1-OPT visa
    • Early May 2017: Traveled outside US to get an E3 visa at a foreign-based embassy. Returned to US immediately afterwards on the E3 visa, so total length of stay in foreign country was ~1 week
    • Mid-May 2017: Received notice of approval for H-1B Visa
    • Early July 2017: Travelled to a foreign country for 2 day for work reasons. Returned to US on the E3 visa at the conclusion of the trip
    • Late July 2017: Checked the DV lottery, and discovered that I was selected. I followed the instructions and submitted an AOS DS-260 immediately (~3 weeks after re-entering the US from my work trip in early July)
    Questions that I have:
    1. It appears that I may be in violation of the "30 day rule". How concerned should I be about this affecting my DV AOS application? (note that [1] I did not know about my lottery selection when I entered the US in July 2017, and [2] I was only outside the US for 2 days on a short work trip)
    2. With my H1B approval, I have the option of going to a foreign country to apply for a visa stamp
      • 2A - Is it possible that my previous submission of a DS-260 (and possible violation of the 30 day rule) will affect my chances of visa stamp approval?
      • 2B - Would it be inadvisable for me to leave the US to apply for this visa stamp?
    3. When I submitted my DS-260, I listed my visa status as E3. If I was to secure an H1B visa before submitting my I-485, could it be problematic that I listed different visa classes on my DS-260 and I-485 forms?
    4. Given all of the information provided, which of the following options is the best for maximizing my chances of a successful DV AOS application?
      • Option 1 - Remain in the US on E3 visa until my DV AOS interview (i.e. no international travel, no action taken on H1B)
      • Option 2 - Travel to foreign country after October 1 and apply for H1B visa stamp. Attempt to re-enter US on that H1B visa, and then go through DV AOS application while on the H1B
      • Option 3 - Any other options that I didn't think of?
     
  10. Sm1smom

    Sm1smom Super Moderator

    1. You should be okay.

    2a. H1B is a dual intent visa, so the DS260 form submission shouldn't be an issue.
    2b. The visa stamp is basically what you'll need to present on your return if you were to travel out, it does not represent an evidence of your H1B status in this case. So if you're simply thinking of traveling for the purpose of getting the stamp, I would say it's not worth it.

    3. You already have your H1B approval Notice from USCIS. If that has been presented to the employer that sponsored the visa and you're working for them by the time you send in your AOS package, then you're already in H1B status, not when you get the visa stamp. So you will list your new status on the I-485 and any other form you'll be submitting with the AOS package that asks for your current visa status. Having E3 listed on the DS-260 is not an issue, that was your current status as at the time of the submission.

    4. Your call on whether to process AOS or CP.
     
  11. pel742

    pel742 New Member

    Hi mom,

    Thank you for providing a lot of useful and helpful information in this forum, I have learned a lot from there

    I am a DV 2018 lottery winner, I would like to apply for the green cards with my wife. My wife is under E-2 Status and works in the US, and as her spouse, I am also under E-2 status. her. We have two children and they are the citizen.

    I have a question regarding the public assistance.

    1. My wife had applied for the medical insurance through Obama Care program and got the APTC (Advanced Premium Tax Credit) since May 2016 to October 2016, but had completely repaid when she filed 2016 tax return.

    2. In the same period, our two citizen children had been enrolled in state’s CHIP program, but we never apply for claims, even my daughter got the Lyme disease during that period, we paid on our own for doctor and medication.

    3. Our two children are going to a public elementary school now.

    According to our conditions, how can we answer the questions 61 regarding the public assistance on form i485?

    Do both of us need to check “yes” for question 61, or only my wife, or neither of us?

    Thank you for help
     
  12. Sm1smom

    Sm1smom Super Moderator

    You can both answer "No". APTC does not constitute government assistance. Being enrolled in CHIP without filing a claim also does not constitute receiving government assistance.
     
  13. pel742

    pel742 New Member

    Hi Mom,

    Really appreciate your help.
    These questions bothered me for a while before getting your answer.
     
    Sm1smom likes this.
  14. Winwood

    Winwood New Member

    All right! Thank you very much for your helpful response.

    Now that I'm preparing my package, I see that all the translated documents have the translator's stamp at the top of the sheet where the holes are going to be opened. Is there any problem if I open the holes on the stamp?
     
  15. Sm1smom

    Sm1smom Super Moderator

    I have no idea what it is you're talking about. The translated document is supposed to be accompanied by a signed certified statement by the translator attesting to their fluency in both English and the language the document was translated from.
     
  16. Winwood

    Winwood New Member

    Well, it is a wet seal stamp with the interpreter's name , phone number and the word "public interpreter" located on top of the sheet just where the holes will be punched.
    However, the translated documents are accompanied by a signed certified statement by the translator attesting to their fluency in both English and the language the document was translated from.
    (The picture is an example of the wet seal stamp)
     

    Attached Files:

  17. Sm1smom

    Sm1smom Super Moderator

    In that case, you shouldn't punch holes on the documents - I recommend sending them in fully intact.
     
  18. Jonathan784

    Jonathan784 Member

    Hi,
    A few more questions please.

    1. What would happen if my application is still pending and my I-20 expires? Would I still have to leave the country within the grace period?

    2 questions on the i485 threw me off a little.

    2. Status on i94 (for example class of admission or paroled, if paroled). If I am an F1 Student should I just mention "F one Student"?

    3. What is your current immigration status (if it has changed since your arrival). I have been F1 since arrival so should this box be left blank?

    Thank you
     
    Last edited: Aug 15, 2017
  19. Sm1smom

    Sm1smom Super Moderator

    1. You automatically become adjustment pending. You're eligible to remain in the US until your petition gets adjudicated.

    2. F1.

    3. Write F1.
     
  20. Fanuel

    Fanuel New Member

    Hello Mom,
    I have a quick question: I have received yesterday the DV fees receipt by mail. I submitted 2 money order of 330$ (one for me and one for my husband).
    In the form I sent there was
    -my name
    -my address
    -case number
    -total amount: 660$ (330$ per person) this is exactly what I wrote
    -number of person applying: 2

    The receipt was a copy of that form with 330$ circled and a stamp saying PAID.
    I'm worry they have received only one money order and that's why 330$ is circled. I try to check with the serial numbers but the postal service has no info for both the money order.
    What do you think is better to do? Should I call them?
     

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