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AOS or not for TN visa holder that won DV 2014 and may loose a job while waiting

vkazman

Registered Users (C)
Hello, I just won a DV 2014
The number is pretty low - EU 20xx
Born in Russia. Dual citizen (Russia and Canada)
Currently working on TN in USA. It is valid till 2016
My concern is that my work is not too stable and I in theory can be out of work who knows maybe in July. If I loose my work, TN becomes invalid and I have to send a letter to USCIS asking them to let me stay for 3 to 6 month to give me a time to sell my property, etc.
If not my concern about loosing the job, I would file for AOS for sure.
I am not sure whether I have rights to file AOS if I am out of work and either obtained the right to stay for couple of month from USCIS or I will be still waiting for their desision letter.
From the other side in the same situation, beeing without work and with permission to stay from USCIS, I think I still can can do a CP.
Please correct me if I am wrong. Maybe AOS will work for me as well?

If I do a CP, can I do this not in my original country that I claimed as country of birth when I filed DV lottery but in Canada (Montreal CP) instead where I am also a citizen.

Thank you a lot
 
If I were you I would delay submitting the 122 and 230 forms until you know more about your situation. If you are still employed in September then you can safely plan to do aos. If not you could plan cp. You could choose to do CP in Canada (assuming you had returned there).
 
Thank you.
In other to start AOS, I will have to wait maybe till October. Let's say I stoped working in. The middle of September. Would not be it too late to apply for CP since at the time I get an interview my number will be passed. I am not sure whether they will set an interview since they can decide that it is to late according to my number.
 
If you apply when you number has been passed you'll be fine, they will process it without delay. Some people apply months late because of not checking....
 
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