Europe winner, F1 AOS questions

[grise]

Hello everybody.
I am an Europe winner and my number is 19 XXX and I am here with a valid F1 visa. My F1 will expire in December 2008, but since I will be graduating I will be on a valid I-20 for OPT during a year.

What will you do with such a number? OPT or CP? Please, give me your choice, but also the reason why.
I was checking the bulletins.
This number for
DV 08: was reached VERY soon, in April 08
DV 07: July 07
DV 06: Not reached! In August they reached 16 000
Dv 05: July

How can I know it for DV 09? Does this depends on the total number of winner for Europe? Where can I find how the total amount of winners (NL receivers) respectively for each year? This will help to know if my number is for 2009, moderately high, or very high.

Question about AOS:
1) Can I travel with AOS? I heard that if I am doing an adjustment of status, I cannot leave the country, is that correct? Where can I find more information about this?
2) How long after the number is current will I get an interview with AOS?
3) Can I do the medical checks before my number is current?

Thank you very much for your help, and if you have any other advice or experience you would like to share, please give it to me!

 

[Gerindo]

Hello everybody.
I am an Europe winner and my number is 19 XXX and I am here with a valid F1 visa. My F1 will expire in December 2008, but since I will be graduating I will be on a valid I-20 for OPT during a year.

What will you do with such a number? OPT or CP? Please, give me your choice, but also the reason why.
I was checking the bulletins.
This number for
DV 08: was reached VERY soon, in April 08
DV 07: July 07
DV 06: Not reached! In August they reached 16 000
Dv 05: July

How can I know it for DV 09? Does this depends on the total number of winner for Europe? Where can I find how the total amount of winners (NL receivers) respectively for each year? This will help to know if my number is for 2009, moderately high, or very high.


Thank you very much for your help, and if you have any other advice or experience you would like to share, please give it to me!

Maybe I can help a bit.

I'm an F-1 student also and I'm planning to graduate either in May (Fall) or in August (summer) next year.

In your case, you just have to make a choice of your own. Here are the options that you can take:

1. Choose CP, and leave the U.S after graduation. Come back to the U.S later when you get your DV visa from the U.S embassy or consulate from your home country. The reason for this is the safest way, but it involves leaving the U.S for some period of time.

2. Choose AOS, and apply for an OPT. You can apply for an OPT at most 3 months before graduation, and you can use that OPT to stay in the US until you get called for the AOS interview. This is tricky because OPT can't be sustained without a job. The OPT is designed to help graduates from U.S Colleges to attain some job experience in the U.S. They gives OPT holder 3 months to find a job after graduation. If after 3 months you can't get a job, you have to leave the U.S. But, if during the first 3 months of OPT you get a job, you can stay in the U.S for at most 12 months (can be extended based on your major).

3. Choose CP, and apply for OPT. The reason for this option is the same as option 2. You basically use the OPT to give yourself an extension to stay in the U.S until you get called for the interview. The difference is that you will get the visa like 1-5 days after the CP interview and you can go back to the U.S imediately after getting the visa, compared to AOS, which could take 1-6 months until you can get the interview and the visa/green card. The risk is the same as option 2, if you don't get called in 3 months or don't have a job in 3 months, you have to leave the U.S and wait for your CP interview from your home country.

Since you can't apply AOS until your number become current next year, it leaves you little choice. If you choose option 2 or 3 but your number don't get current until April or May 09, you have no other option but to choose option 1. The other thing is that you can not do AOS when you're out of status in the U.S. You have to be on some kind of immigration status when you apply for AOS and also when you're waiting for the AOS to be processed. This can be an F-1/OPT, J-1, H-1, etc.

No one can tell you now when your CN will become current, but you can just guess it from the previous years.

Question about AOS:
1) Can I travel with AOS? I heard that if I am doing an adjustment of status, I cannot leave the country, is that correct? Where can I find more information about this?
2) How long after the number is current will I get an interview with AOS?
3) Can I do the medical checks before my number is current?

1) You can not leave the country when you are doing AOS. But, this is only apply after you submit the I-485 form to the USCIS. You can only submit this form when your CN become current or the USCIS would not accept it. So, by just telling KCC that you want to do AOS doesn't do anything (you can still leave and reenter the country). You can find the detail about this on the I-485 form itself, it clearly says in there.

2) This is different from case to case, I heard people get called at the same month, I heard people get called 2-3 months or even 6 months later. It is all depends on the USCIS

3) You can do medical before your number become current but when you submit the medical results to the USCIS, it has to be less than a year old.

 

[grise]

Thank you Gerindo for your very clear and helpful answer.
I think I will go for AOS...
I saw on another post that you rather change to CP.
Are you prefering CP because of your number?
Best of luck.

 

[Gerindo]

My reasons for changing from AOS to CP are the processing time, risk, and cost.

1. Processing time: The processing time for AOS is longer than CP. It could take up to 6 months to process AOS. If you're the unlucky one that is caught in the long background check, you could end up not getting the green card. I want to finish the process ASAP, and waiting for months to get processed even after my CN is current will only makes me even worry.

2. Risk: When you file for AOS, you need to file the I-485 form. Filling this form carries a great risk. If for some reason you didn't get the green card after filing the I-485, you might not be able to get a U.S visa for the rest of your life. Why? Because filling the I-485 clearly shows immigration intent to the U.S. The next time you need to fill out a visa application form (F1, B1, H1, etc), they will ask you if you ever file to be an immigrant, and you'll have to answer "YES". This will affect your visa application in the future. I'm not risking my staus. Nothing is for sure now until I get the visa or green card in my hand. At least with CP if your DV visa gets denied for some odd reasons, it won't affect your present and future visa status.

3. Cost: This is relatives from person to person. The cost of processing CP is cheaper than AOS...but if you include the airplane ticket, CP end up to be more expensive than AOS. I have been calculating the cost, and even though it end up to be more expenisve, I rather spend the difference to buy an airplane ticket home where I can see my family and can get faster process at the embassy rather than spending the cost difference for the AOS process.

 

[Johnkent]

my Reasons For Changing From Aos To Cp Are The Processing Time, Risk, And Cost.

1. Processing Time: The Processing Time For Aos Is Longer Than Cp. It Could Take Up To 6 Months To Process Aos. If You're The Unlucky One That Is Caught In The Long Background Check, You Could End Up Not Getting The Green Card. I Want To Finish The Process Asap, And Waiting For Months To Get Processed Even After My Cn Is Current Will Only Makes Me Even Worry.

2. Risk: When You File For Aos, You Need To File The I-485 Form. Filling This Form Carries A Great Risk. If For Some Reason You Didn't Get The Green Card After Filing The I-485, You Might Not Be Able To Get A U.s Visa For The Rest Of Your Life. Why? Because Filling The I-485 Clearly Shows Immigration Intent To The U.s. The Next Time You Need To Fill Out A Visa Application Form (f1, B1, H1, Etc), They Will Ask You If You Ever File To Be An Immigrant, And You'll Have To Answer "yes". This Will Affect Your Visa Application In The Future. I'm Not Risking My Staus. Nothing Is For Sure Now Until I Get The Visa Or Green Card In My Hand. At Least With Cp If Your Dv Visa Gets Denied For Some Odd Reasons, It Won't Affect Your Present And Future Visa Status.

3. Cost: This Is Relatives From Person To Person. The Cost Of Processing Cp Is Cheaper Than Aos...but If You Include The Airplane Ticket, Cp End Up To Be More Expensive Than Aos. I Have Been Calculating The Cost, And Even Though It End Up To Be More Expenisve, I Rather Spend The Difference To Buy An Airplane Ticket Home Where I Can See My Family And Can Get Faster Process At The Embassy Rather Than Spending The Cost Difference For The Aos Process.

Also Remember That If You're Denied A Visa At The Us Consulate Overseas, U'll Probably Not Be Able To Reenter The Us On A Non-immigrant Visa Either As U Have Shown Immigrant Intent And Ur F-1 Visa Will Probably Be Cancelled.
Also Remember That U'll Probably Go Through Fbi Background Check Regardless. All Immigrant Visa Applicants Have To Go Through Background Check And If You Are Unfortunate, You Might Get Stuck In Ur Home Country.
Aos Can Sometimes Be A Pain In The Behind But I'll Recommend That If You Have Atleast 6 Months Before Sep 30th.

 

[Gerindo]

Also Remember That If You're Denied A Visa At The Us Consulate Overseas, U'll Probably Not Be Able To Reenter The Us On A Non-immigrant Visa Either As U Have Shown Immigrant Intent And Ur F-1 Visa Will Probably Be Cancelled.

Are you sure about this? It would be very unfair for them to cancel someone's F-1 visa when they almost done with school.

As far as getting denied entry at the POE after a visa rejection, this would not make sense since the POE does not have any record of your immigration intent unless the embassy give a big sign in the passport.

Speaking of re-entry to the U.S on F-1 after submitting the DV forms. Last month, I went to South America from the U.S for about a month and came back with my F-1 visa. Even after sending all my the DV forms and getting notification about AOS from KCC, I have no problem re-entering the U.S. Looks like the POE police have no record about it. I was laughing to myself after finish from the immigration check. I had been worrying for nothing. What's even funier, the POE police stamped my passport, I-20, and I-94 before He even check my F1 visa. No questions was asked except asking where I'm from (it sounds more like a curious question because I don't look Hispanic, and yet I landed in the U.S from a Latin American country).

 

[Johnkent]

Are you sure about this? It would be very unfair for them to cancel someone's F-1 visa when they almost done with school.

As far as getting denied entry at the POE after a visa rejection, this would not make sense since the POE does not have any record of your immigration intent unless the embassy give a big sign in the passport.

Speaking of re-entry to the U.S on F-1 after submitting the DV forms. Last month, I went to South America from the U.S for about a month and came back with my F-1 visa. Even after sending all my the DV forms and getting notification about AOS from KCC, I have no problem re-entering the U.S. Looks like the POE police have no record about it. I was laughing to myself after finish from the immigration check. I had been worrying for nothing. What's even funier, the POE police stamped my passport, I-20, and I-94 before He even check my F1 visa. No questions was asked except asking where I'm from (it sounds more like a curious question because I don't look Hispanic, and yet I landed in the U.S from a Latin American country).

Am not talking about POE, am talking about the consular officer at the embassy cancelling ur F-1 visa because you have shown immigrant intent. But if for some reason ur f-1 visa was not revoked and dv lottery immigrant visa not issued, yes u can fly to the US and nobody at POE will probably know.
Also remember that whenever u apply for a US non-immigrant visa, they'll always ask ya if you've ever applied for an immigrant visa/has someone petitioned for an immigrant visa for ya and if you do answer yes to that, ur chance of getting a non-immigrant visa is next to none.

 

[Gerindo]

U.S immigration system is quite odd. It is unclear what can be described as immigration intent. We go through the DV process because the U.S Government have chosen us to win the DV lottery. Wouldn't that make the U.S government as the one who is giving us the reason to migrate (immigrant intent). If for some reason they don't give us the green card, why should we be peanalized for having the immigrant intent by not allowing us to continue our visa and/or getting a new visa in the future.

They say that applying for DV is not considered an immigration intent, but getting chosen to recieve the visa is? When it is clearly we're not the one who have the authority to get chosen or even win the visa.

Just saying...very odd system..

 

[Johnkent]

U.S immigration system is quite odd. It is unclear what can be described as immigration intent. We go through the DV process because the U.S Government have chosen us to win the DV lottery. Wouldn't that make the U.S government as the one who is giving us the reason to migrate (immigrant intent). If for some reason they don't give us the green card, why should we be peanalized for having the immigrant intent by not allowing us to continue our visa and/or getting a new visa in the future.

They say that applying for DV is not considered an immigration intent, but getting chosen to recieve the visa is? When it is clearly we're not the one who have the authority to get chosen or even win the visa.

Just saying...very odd system..

Yup, US immigration system is not the best but we'll have to learn to live with it.