DV_Winner_Husband
Member
Thank you!
I read it, but I don't think it says anything about family members.
Thank you!
DV 2022 AOS (Adjustment of Status) Only
- Thread starter Sm1smom
- Start date
I read it, but I don't think it says anything about family members.
sunshine21
Member
Hi, Thank you for the support and information. Just wondering if we decided not to fill DS-260, how USCIS or KCC will know we are planning to do AOS?
Sm1smom
Super Moderator
Take a look at the FAQ section of the AOS process spreadsheet.
Hi Everyone! I am a DV-2022 winner (EU 5xxx).
I have read the spreadsheet twice but have decided to ask some questions here as well with hope that you will be able to answer and advise.
I am currently on F-1 STEM-OPT (CAP-GAP), my H1-B got picked up this year as well and has been approved (waiting on approval notice to come in the mail). Now considering my case number, I am speculating that I will be submitting my AOS application somewhere around November, 2021 at which point my official status will be H1-B. Considering the given info, here are a few questions I got in mind:
1. I have seen that some people decided to submit the DS 260, even if doing AOS and have read by doing so, you are showing immigrant intent. Just was curious if that can affect your current status (H1-B) negatively in any way? (I have decided not to file DS 260 and well just hoping its the right decision).
2. When I look at the official USCIS website page for submitting I-485, supporting evidence for Form I-485, I do not see anywhere adding files such as past I-797, I-20, copy of SSN, Bank statements, etc. So my question here is has this spreadsheet been filled out by people who might have received RFE's in the past to submit the mentioned documents? Just trying to understand why USCIS does not inform officially that all of that is needed for AOS application.
3. In your opinion/past experience, would it make any sense to submit the I-765 employment authorization request with my package, considering that I have the right to work for another 6 years legally with H1-B? I'm being optimistic and hope that my I-485 gets approved and I have a green card in hand by latest July 2022.
4. Have people in the past paid DV administrative fee payment ($330) super early, like right now ? (May)
Please do let me know if you got any recommendations on the above questions. Thanks everyone this forum has been extremey helpful already!
I have read the spreadsheet twice but have decided to ask some questions here as well with hope that you will be able to answer and advise.
I am currently on F-1 STEM-OPT (CAP-GAP), my H1-B got picked up this year as well and has been approved (waiting on approval notice to come in the mail). Now considering my case number, I am speculating that I will be submitting my AOS application somewhere around November, 2021 at which point my official status will be H1-B. Considering the given info, here are a few questions I got in mind:
1. I have seen that some people decided to submit the DS 260, even if doing AOS and have read by doing so, you are showing immigrant intent. Just was curious if that can affect your current status (H1-B) negatively in any way? (I have decided not to file DS 260 and well just hoping its the right decision).
2. When I look at the official USCIS website page for submitting I-485, supporting evidence for Form I-485, I do not see anywhere adding files such as past I-797, I-20, copy of SSN, Bank statements, etc. So my question here is has this spreadsheet been filled out by people who might have received RFE's in the past to submit the mentioned documents? Just trying to understand why USCIS does not inform officially that all of that is needed for AOS application.
3. In your opinion/past experience, would it make any sense to submit the I-765 employment authorization request with my package, considering that I have the right to work for another 6 years legally with H1-B? I'm being optimistic and hope that my I-485 gets approved and I have a green card in hand by latest July 2022.
4. Have people in the past paid DV administrative fee payment ($330) super early, like right now ? (May)
Please do let me know if you got any recommendations on the above questions. Thanks everyone this forum has been extremey helpful already!
SusieQQQ
Well-Known Member
Answers assume you are on H1B when you file
1. H1B is dual intent so no problem expressing immigrant intent
2. This is called front loading - makes the interview smoother and also means you may be one of the lucky ones approved without interview because they have everything they need to decide
3. No point if you have work status and in fact it’s preferable to have a valid status to fall back on if for any reason the application is denied - if you use an AoS based EAD you lose any other status you may have had
4. Check the timelines, probably
Sm1smom
Super Moderator
Nope, the spreadsheet was not put together by people who received RFEs in the past. You should probably take another look at that spreadsheet, spend sometime looking at the AOS FAQ section in particular where the following question: "Do have I have to include all those financial documents in my AOS package? Can I take them along to the interview and present them only if the IO asks for them?" (which is kind of related to yours) contains some more detailed answer. Of course you can simply go by what USCIS officially asks for
with regards to your AOS package.
Sm1smom
Super Moderator
Take a look at the AOS_FAQ section of the AOS Process Spreadsheet.
Thank you for such a fast response.
For answer to question 1, so technically I am on F-1 status until October 1st (thats when the H1-B kicks in), meaning by filing DS260 or paying the administrative fee right now, I would be showing immigrant intent on a non dual intent visa, and thus could cause me issues in the future?
And for number 3, I agree fully, I just remember reading in the spreadsheet that if the application gets denied, you do not lose your previous status if that status is dual intent is that still true?
Appreciate the help!
Thanks, then front loading is definitively something that makes sense doing. I guess I'll just send them all I gotNope, the spreadsheet was not put together by people who received RFEs in the past. You should probably take another look at that spreadsheet, spend sometime looking at the AOS FAQ section in particular where the following question: "Do have I have to include all those financial documents in my AOS package? Can I take them along to the interview and present them only if the IO asks for them?" (which is kind of related to yours) contains some more detailed answer. Of course you can simply go by what USCIS officially asks for
SusieQQQ
Well-Known Member
re 1. Only potentially an issue applying for a future non-immigrant visa or extend/change non-immigrant status
re 3, doesn’t matter whether existing status is non immigrant or dual intent, as long as you maintain all the requirements of the status then you keep that status and can fall back on it If the AOS doesn’t work out. The advantage of a dual intent H (or L) status specifically is that you can travel outside the US without having to get advance parole/be deemed to have abandoned your adjustment application.
I see thanks for the info. I guess then it makes sense not to do the DS 260 and pay my admin fee on October 1st (when I am officially on H1-B), since lets say for example for whatever reason my AOS gets denied, I would later have problems extending my H1-B if I showed immigrant intent while being on F-1. This is why I wanted to ask questions on this forum for situations like this. Appreciate it again!
SusieQQQ
Well-Known Member
You misunderstood something. H1B is dual intent. Having shown immigrant intent does not preclude you from extending it. If you wanted to extend F or change to B as examples, that could be an issue.
tintin2022
Active Member
My passport will be expired in few months. I applied for asylum and it's still pending and they haven't scheduled my interview yet. I won the lottery a few weeks ago and I was wondering if I can renew the passport or not because my lawyer said renewing the passport could be an adverse point. My case number is AS10XXX. I know in the best-case scenario it will be current in April/May next year. With that being said, can I renew my passport or it would be risky? As far as I know, the officer will check my passport at the time of the DV interview and it has to be a valid and not expired passport...
SusieQQQ
Well-Known Member
Unexpired passport does not matter for AOS afaik? Whether or not you have maintained a valid status throughout your asylum case could however. I personally would not do anything to jeopardize the asylum case in pursuit of DV, because in the event that DV does not work out you will need to rely on your asylum case.
nawinner22
Member
I filled out the DS260 form, and upon review, I found a minor mistake, in one of my parent's home country (no one is attached to me in the AOS, I am filing for AOS alone). I sent an email to the KCC and I did not get a response since May 9th, when I reached out. So, I emailed them again this week, and I just asked them to reopen my DS260 for a revisions, just not chance it.
However, based on this newfound research it looks like this DS260 is not as important for AOS and it was a minor error, I made. Based on the that, should I not even be concerned about filling out the DS260 perfectly? I was under the assumption, we all had to do the DS260, and upon completion of that when we selected we are doing AOS, we will get the 2NL.
How exactly do we get the 2NL and what is required for AOS on a F-1 VISA soon to be OPT after Fall 2021?
I am patient, and I understand that it's not October yet, but you know I just want to be prepared. I plan a lot lol. I did open the AOS spreadsheet, and that has been a big help!
However, based on this newfound research it looks like this DS260 is not as important for AOS and it was a minor error, I made. Based on the that, should I not even be concerned about filling out the DS260 perfectly? I was under the assumption, we all had to do the DS260, and upon completion of that when we selected we are doing AOS, we will get the 2NL.
How exactly do we get the 2NL and what is required for AOS on a F-1 VISA soon to be OPT after Fall 2021?
I am patient, and I understand that it's not October yet, but you know I just want to be prepared. I plan a lot lol. I did open the AOS spreadsheet, and that has been a big help!
Sm1smom
Super Moderator
1. Yes, DS260 submission is not mandatory for DV based AOS. However, since you've already submitted the form and have subsequently reached out to the KCC to unlock the form, you should make the needed correction(s) when the form gets unlocked (you want to make sure the information you're providing is accurate). KCC is currently taking a while to respond to messages, it may take up to 4 weeks for them to unlock the form.
2. Go through the AOS process spreadsheet.
nawinner22
Member
Thanks!
sunshine21
Member
Hi, My passport is going to expire next April 2022. My case number is AS3xxx and it will be current around December this year or January next year based on the previous years. My question is do you think I should renew my passport now? Due to the pandemic it will take sometimes to get my new passport and the old one. I know having a valid passport is essential for the interview and wondering what should be the best thing to do. Throughout my stay in USA, I was maintained my status. Thank you very much for your support.
tintin2022
Active Member
I have the same question and still not sure If I have to renew the passport if I do the AOS.
Sm1smom
Super Moderator
You might as well go ahead and renew now (if your home country allows you to renew the passport more than 6 months before expiration date).