Sm1smom
Super Moderator
1. Yes
2. AOS eligibility requires for one to not have been out of status. Speak with an immigration attorney.
DV 2018 AOS Only
- Thread starter Sm1smom
- Start date
1. Yes
2. AOS eligibility requires for one to not have been out of status. Speak with an immigration attorney.
Sm1smom
Super Moderator
Documents not in English are required to be translated into English. The translated version needs to be accompanied by a certified statement attesting to the fluency of the translator in both English and the language the document was translated from. There's no requirement for the document to be notarized.
The document can be translated by anyone anywhere, as long as it's not done by you or someone directly related to you.
Sm1smom
Super Moderator
Yes, that's correct.
Sorry mom, let me clarify my Q
I am F1-OPT working already with EAD card. My wife is working with H1B (H1b does not require/have EAD).
1. Do I "have" to fill I765 in order to get the EAD(AOS based) for me to work? I was confused by that I already have a EAD(F1), what is the point of the EAD (AOS based) for?
2 If I do need to apply the EAD(AOS based), which is submitting I765 in AOS package. When will the EAD card starts date and end at when?
3. Do my wife have to fill the I765?
In this statement, which means those docs can be translated by anywhere (either in the US or any other country) but be accompanied by certified translations, correct?
Sm1smom
Super Moderator
Much better! Now we can have an actual conversation
A little bit of a background:
The typical AOS process takes years to complete, unlike a DV based AOS which must be completed within the applicable FY. Because the AOS process tends to take take, USCIS provided an opportunity in the form of an EAD card for someone waiting for their AOS petition to work while waiting.
The EAD processing time is typically 3-4 months which is okay for someone with none DV based AOS petition who wishes to work while waiting for an approval. The time frame typically makes it a 'worthless' document for someone with a DV based AOS, unless the person is stuck in background check for months, and they desperately need to work. It may also be useful for a F1 student who wishes to work more hours than currently allowed or whose OPT is coming to an end and wishes to continue working without a break (however there is a caveat to this which I already covered); or for a H/L visa holder who wishes to work for a new employer - since their current work authorization is specific to their current employer.
So:
1. You don't "have" to, that's why the spreadsheet says optional. You may if you like or want.
2. The EAD card start date will be noted on the card when it is received - valid for one year. A GC holder doesn't need an EAD to work.
3. If she likes or wants (you have the story I told above
to guide you on this)
Sm1smom
Super Moderator
Isn't that what I already said?
Much better! Now we can have an actual conversation
A little bit of a background:
The typical AOS process takes years to complete, unlike a DV based AOS which must be completed within the applicable FY. Because the AOS process tends to take take, USCIS provided an opportunity in the form of an EAD card for someone waiting for their AOS petition to work while waiting.
The EAD processing time is typically 3-4 months which is okay for someone with none DV based AOS petition who wishes to work while waiting for an approval. The time frame typically makes it a 'worthless' document for someone with a DV based AOS, unless the person is stuck in background check for months, and they desperately need to work. It may also be useful for a F1 student who wishes to work more hours than currently allowed or whose OPT is coming to an end and wishes to continue working without a break (however there is a caveat to this which I already covered); or for a H/L visa holder who wishes to work for a new employer - since their current work authorization is specific to their current employer.
So:
1. You don't "have" to, that's why the spreadsheet says optional. You may if you like or want.
2. The EAD card start date will be noted on the card when it is received - valid for one year. A GC holder doesn't need an EAD to work.
3. If she likes or wants (you have the story I told above
WoW, I get some very useful info here. Thanks mom. Really appreciate!
Sm1smom
Super Moderator
Sm1smom
Super Moderator
Hi guys,
Quick update: If you bookmarked the AOS process spreadsheet link previously provided, that link is no longer working. There's a new link (provided below and on the first post on page one of this Thread):
goo.gl/0va2DU
Quick update: If you bookmarked the AOS process spreadsheet link previously provided, that link is no longer working. There's a new link (provided below and on the first post on page one of this Thread):
goo.gl/0va2DU
btw mom, is there a shareable link so it can be downloaded? I really want to make some personal notes with my own case. Thank you in advance.
Sm1smom
Super Moderator
Sorry, downloads not allowed. It's a living document, I make updates on a regular basis, if you download you'll miss out on the updates when they're made.
When I first created the document, it used to be downloadable - but some fool who did not even go through the AOS process downloaded and used the information to create a site where they were charging people money to use the information. So no more downloads. It's a read only access.
Thank you mom, I understand why you're doing in this way because of those fools...
Anyway, I did see there are some updates in the spreadsheet. Which is excellent, more straight forward and tiny details are added as well. Thank you!
Sm1smom
Super Moderator
Exactly! You would have missed out on those updates if you had downloaded the previous version.
After read to the AOS step 8. Can be Filed 2 months in advance as long as CN falls in next month or the other, and I read thru the "Early Filing Policy Memo". It looks like the FO "should" know this Policy Memorandum (PM) and accept the AOS package as long as after 1 or 2 month the applicant's CN current.
However, you did mention "SOME FO" still denying...
Okay, question:
Can I print out this PM and included in my AOS package(highlight the "50 to 60 days in advance..")? So just to make sure even if an "inexperience" FO will read it and notice "ohh, I should accept this and process it" but not deny or reject.
Has anyone done this before? Or is this doable/acceptable? Will it jeopardize my case?
Thank you!
Hello, everyone! Thank you all for sharing your experience and helping other who do this for the first time.
I just checked the dvlottery website couple days ago and surprisingly figured out that I have been randomly selected in dv lottery. I am currently in the US, and was in the US when applying for the lottery. I've always been in F1 status and never violated my status.
I am really stuck right now and don't Know what to do next. As I figure out I can apply for AoS being in F1 status, however I've seen that it depends on one's rank number whether you should apply or not.
Could you please explain me the situation, my number is 2018EU00017*** ??? I don't really know if that number is low or high. Thank you for any help!
I just checked the dvlottery website couple days ago and surprisingly figured out that I have been randomly selected in dv lottery. I am currently in the US, and was in the US when applying for the lottery. I've always been in F1 status and never violated my status.
I am really stuck right now and don't Know what to do next. As I figure out I can apply for AoS being in F1 status, however I've seen that it depends on one's rank number whether you should apply or not.
Could you please explain me the situation, my number is 2018EU00017*** ??? I don't really know if that number is low or high. Thank you for any help!
Sm1smom
Super Moderator
You can debate all you want on what the FO should or shouldn't know. The spreadsheet already clearly explains what may happen, so you decide if you want to go with early filing or not.
I actually suggest you spend some time going over past AOS threads in this forum to read about other people's experiences.
Sm1smom
Super Moderator
Thank you mom, actually, you already state that in the AOS package beside the i485 form.
Also, I read thru some cases that 1. early filing (within 2 months) showed no problem at all. 2. One case got denied and the AOS package resend to the applicant address, then she resend again.
Question:
If early filing got denied, are there two ways to continue?
1. is wait for the package return and resend again when CN current.
2. is the package never return, so just like you said, "filing again starting from the 1st day of the month for which your CN is current. You will however have to make a new payment, and may have to redo the medical exam".
I have seen early cases been returned and resend again. So far I have not seen applicant proceed everything again(payment, medical exam). I have been reading the DV2017 AOS thread, still reading it... more than 300 pages.. I will keep reading.
Thank you!
Sm1smom
Super Moderator
Please pay attention to what you're reading. The spreadsheet describes two differed scenarios. The AOS petition can be rejected or denied due to early filing.
1. Package is rejected by the Chicago Lockbox. If this happens, the entire package is returned and you can re-file by simply sending back your package ensuring it arrives on or after the first day of the month your CN is current.
2. Package is accepted by the Chicago Lockbox, processed and the I-485 gets sent to the FO for adjudication. The FO denies the petition due to early filing. Your package isn't sent back at this point in time, your payment has already been cashed. So all you'll be getting is a decision notice.