AOS under DV2005 -is it time to panic yet?

[Gu_Ga]

Dear all,

I would appreciate any comments and suggestions for the following concern:

I'm winner of DV2005 EU18XXX while in H1B.
Married, spouse has H1B too but expiring on July 15, 2005.

We filed I-485 on March 29, 2005 with San Francisco District Office. Attorney suggested to file with local office instead of CSC, so that if there is a need, he will be able to bug (read lawsuit) locals as deadline approaches.

Secondly, we filed before April 1, so that our case doesn't get send to Chicago processing center. (This is per attorney suggestion and I have no clue on why it would be otherwise sent to Chicago).

Attached checks with I-485 have been cleared by SF BCIS on March 31 and April 1. It has been 2 months now and there is no any feedback from SF BCIS. Deadline to process DV2005 cases is September 30, 2005.

There is no case number either. I was told by attorney and by National INS (800 number), that if filed with district office then there will be no case number assigned. Only when filed with CSC, there will be a Notice of Action and case number.

When filing I-485, cover letter indicated that it is a family based case and that it is diversity visa case. In addition, filed for work authorization and travel document.

My concerns are:
1. When will we be asked to come for fingerprinting?
2. When FBI name check starts and how long it takes?
3. Should I make an appointment with Infopass and inquire INS officer about processing of our time sensitive case?
4. When should I start bugging my attorney?
5. What should I do about my wife's expiring H1B?

Any comments are very much appreciated!

Thank you.

Gu Ga

 

[gc_2006]

you both are on H-1B?

since wife's running out, can she switch to H-4 for the time being? How long is your H-1B good.
I have heard horror stories about people doing AOS versus consulate processing of DV cases. You better keep on the ball, otherwise it is Sept. 30th and you just lost...

 

[majanikol]

This probably won't be very helpful, but I'll share what I know anyway. If I understood well you haven't still received the Receipt Notice after filing I-485. Is that right? In case you haven't done it already, you can call 1-800 # and chose the option in which they will offer you a possibility to talk to the customer service representative only if you have filed more than one month ago, which is your case.
Than, when you receive the Receipt Notice you will immediately call to schedule the fingerprinting (in my case it was one month after receiving RN). It takes only one day for FBI to check your background, but it basically doesn't mean a lot to you because they don't schedule the interviews.
My number is EU16xxx and I went through everything and now I'm (desperately) waiting for the interview date.
Good luck!

 

[blue25]

1. When will we be asked to come for fingerprinting? - SF office takes about 2 to 3 months to get to fp.
2. When FBI name check starts and how long it takes? - I could be wrong, but I think they did that together with fp notice. With fp notice I also got my Employmeny Authorization pickup notice.
3. Should I make an appointment with Infopass and inquire INS officer about processing of our time sensitive case? - You'll waste your time. They won't tell you anything. Bug your attorney (see next question).
4. When should I start bugging my attorney? -Bug him/her now! That's what they are being paid for. Also, when they call USCIS they don't talk to operators. They can actually talk to supervisor (if they ask for it). Attorney can even push your case if it's taking too much time. Mine did so I bugged my attorney.
5. What should I do about my wife's expiring H1B? - If both of you have been in status the moment you have submitted paperwork to SF office, technically you are in protected status. The only downside is that if your wife's AOS application is rejected, she will be deported. You can try to extend her H1B or she can actually enroll in local college just to have something to fall back on.

 

[Call me Shrek]

4. When should I start bugging my attorney? -Bug him/her now! That's what they are being paid for. Also, when they call USCIS they don't talk to operators. They can actually talk to supervisor (if they ask for it). Attorney can even push your case if it's taking too much time. Mine did so I bugged my attorney.

I absolutely second Blue25 on that. A good attorney is worth much more than the fee he charges.

 

[blue25]

Call me shrek, I'm sorry but I don't think you understood my point. I didn't say attorneys are worth as much as they charge. My attorney charged a lot less then others, but is a great guy with a really good reputation at USCIS. The thing is this: I was in situation where I questioned wheather to bug my lawyer or not, and now when I look back I wonder what was I waiting for so long, because some paperwork may have been pushed earlier if I had asked, and I may have already had an interview rather then waiting See?