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DV 2007 AOS only

ekmekchi,
As far as I know F2 visa is required only for entering the country and you can stay in US as long as your spouses I-20 is valid. This is the document that is most valid to you. I don't think you need to leave the country. I know a lot of students that have expired F1's. There is no problem as long you don't leave.
Check it with your international student office.
 
HI VINIPUX, THANKS FOR YOUR MESSAGE.
MY HUSBAND'S AND MY I-20S BOTH HAVE THE SAME EXPIRATION DATE. I THINK ALL OF THE I-20S OF SPOUSES ARE THE SAME WAY.
ON THE I-20 INSTRUCTION SHEET IT SAYS WE HAVE 60 DAYS TO LEAVE THE COUNTRY AFTER OUR I-20S EXPIRED.
WE'RE GONNA GO AND SEE OUR OFFICER IN THE SCHOOL AND FIND OUT IF SHE KNOWS ANYTHING ABOUT OUR SITUATION. I HOPE IT'S TRUE THAT WHILE YOU HAVE A i-485 CASE PENDING, YOU WON'T GO OUT OF STATUS. I JUST DON'T WANNA HAVE ANY PROBLEMS IN THE INTERVIEW. THANKS FOR ALL OF THE MESSAGES. I APPRECIATE THEM.
 
Hi,

If I was in your shoes I will extend my status and have it valid atleast till the interview.Your case will be accepted for AOS as long as you guys have a valid I-20.However,at the time of interview they will ask your status and a valid I-94.If you were on I-485 status only then there might be some complications like what happens if one's case is pending due to background checks and clock is clicking September 30th ,2007.Denial of I-485 in that case will accumulate unlawful status from the day I-20 got expired and this might cause future entry bars depending on the length of overstay.Please note this is the gray area of immigration law......consult an attorney!!!

In employment base cases USCIS will accept I-485 status as in general applicants have exausted their 6 years limit for H1b/L1.Lets assume for any reason if I-485 is denied the applicants will be considered out of status if they are not maintaing any other status.

I gave you my opinion to the best of my knowledge and encourage others to share their thoughts about this.

Jugnu
 
Hi Barbara,

I am working with my houseman office here in Nashville.His staff is nice but apparently he is saying congressman can't expedite the name check via USCIS etc.As per my case situation he advised me to remind him around 1st of Feb...as he might get something back from them.....he got me a status check before my interview was scheduled as well.

Please give me your input on this!!!Should I wait on him or contact Senator office.......

Jugnu
 
Jugnu786 said:
Hi Barbara,

I am working with my houseman office here in Nashville.His staff is nice but apparently he is saying congressman can't expedite the name check via USCIS etc.As per my case situation he advised me to remind him around 1st of Feb...as he might get something back from them.....he got me a status check before my interview was scheduled as well.

Please give me your input on this!!!Should I wait on him or contact Senator office.......

Jugnu
Click to expand...

I have to go through a name check also (see my post in "DV2007 CP only") and searched the web for info. You might have already read it, but there is some info on the FBI website:

http://www.fbi.gov/hq/nationalnamecheck.htm
http://www.fbi.gov/page2/nationalnamecheck.htm

The FAQ includes the following two questions:

How can I have my name check expedited?
The FBI tries to process its oldest name checks first. Customer agencies will occasionally request expedited handling of specific name checks. Criteria used to determine which name checks receive expedited handling are internal matters of each customer agency. The FBI does request that the number of expedited cases be kept to a minimum in fairness to the other pending name check requests. Because each customer agency determines which name checks are expedited, contacting Congressional representatives, the FBI's Office of Congressional Affairs, or the NNCP will only further tie up vital resources and will not contribute to the expediting of a name check.

Does contacting my Congressional representative expedite my name check?
No, the customer agency determines expedited handling. The FBI's policy is to be responsive to our customer's needs given the limits of our resources. Re-prioritization from multiple sources would convolute the customer agency's ability to manage their priority cases.

In my case, the "customer agency" is the Department of State, in your case it is the USCIS. The above seems to indicate that the USCIS can request expedited handling if it sees reason to do so (such as the approach of the end of the fiscal year for DV cases). Based on what my attonery said, the Department of State won't entertain a request for expedited handling unless at least 90 days have passed or if one is very close to the end of the fiscal year. In our cases, there appears to be enough time.
 
Thanks bahadur,I am trying to stay on the top on the issue.Once you compare folks have been waiting for more than two years that put us in trouble as we dont have that much time to adjust the status.

Good luck with your case...couple of years ago I waited for two n half months for non immigrant visa due to background checks.

Jugnu
 
Hi,

I really need your help. I am a DV-2007 winner and I applied for AOS in octomber. My suboffice is in Jacksonville. I have been called for fingerprints on Nov,13 in Jacksonville. Since than...nothing. today I called KCC to see what happens with my file, if Jacksonville office asked for it. They told me that my file was transfered to Miami!!! Is that normal, what should I do? Should I go to Jacksonville and ask for my file to be transfered there, or should I wait? I called today National Benefit Center and they told that I should write a letter to Jacksonville office and ask them to transfer my file from Miami to Jacksonville. They could accept my case or not. In case they do not accept my file, I have to go to Miami and wait to be schedule for fingerprints again (and pay again). It seems nonsens to me. What should I do?

Thank you in advance, I am really desperate.
 
Hi,

In general the information we get from 1 800 number of USCIS is not reliable.I would suggest you to make an infopass and ask Jacksonville abt.the status.Ask them abt. your current file location and if they will be asking Miami to transfer file to them.This might be a standard procedure of file being routed.Jacksonville office can also tell you if your backgrounds checks are done and what is causing the delay!!!

You can also call FBI number to find out if you FP's were clear and sent back to USCIS.

If you would like to check then call 304 625 2000 after transfer via operator choose option 3.



Good Luck

Jugnu
 
Last edited by a moderator:
Well, when I called National Benefit Center, I actually talked with a person, not a robot. I called again KCC and asked them why they sent my file to Miami when I said in my forms that I want my case to be processed in Jacksonville. They said to me, that Miami office asked for it and I should talk with an immigration officer from Jacksonville. I was wandering if somebody has a phone number, because far as I know the only way to speak with them is by INFOPASS, and it is very difficult for me to go there, since I don't have a car.
Thanks.
 
case approved but no updates

Hi all,

It has been abt.18 days since we had our interview.My wife (primary beneficiary) has not received welcome letter or GC.She was approved and officer told her to expect a GC in 7-10 days.We both have an LUD on 01/09/07 but that seems to be just some kind of internal update.Any thoughts on this will be great....

My (derivative beneficiary) case is pending due to Background Checks and IO told me I will get my GC in mail once checks are done.

Jugnu
 
Last edited by a moderator:
Hi All,

My wife got to talk to IO officer via 1800 internal transfer.IO was pretty informative and gave her lot of info abt. how to follow up on my checks pending ...

She said, 7-10 days processing was a very optimistic guess by our interview officer and added internal system shows GC is in process and not to worry abt.welcome letter as that might comes after the GC.She told her to give 30 more days .....In response to online message she said,she had updated however no changes seen as yet.

Jugnu
 
When do they schedule interviews?

Hi:
For Single applicants doing AOS, do they schedule and send interview notices when the background checks are completed, or can they schedule interview even though backdround checks are still pending?
Henry
 
HI Henry,

USCIS local offices vary in practice and it can go either way.As you mentioned being single might play a role and they call you once BG checks are done....I would doubt abt.any procedure being placed though.

Please share your timeline to determine what's happening to ur case.

Jugnu
 
Jugnu786 said:
HI Henry,

USCIS local offices vary in practice and it can go either way.As you mentioned being single might play a role and they call you once BG checks are done....I would doubt abt.any procedure being placed though.

Please share your timeline to determine what's happening to ur case.

Jugnu
Click to expand...

Hi Jugnu. Thanks. I got my interview letter today for March 2nd, that's why I'm wondering. Also, my district office is about 4 hours away from where I live so I don't really want to do an infopass apt. there just to check if my background cleared or not. Here's my timeline:

04/20/2006: NL Received (Case #2007AF00005xxx)
04/28/2006: Forms (DSP-122, DS-230, picture) sent to KCC
06/20/2006: Confirmation letter received from KCC
08/02/2006: Medical exam done
08/07/2006: Medical results received in sealed envelope
09/21/2006: Diversity Visa Payment sent to DOS
10/02/2006: Diversity Visa Payment receipt received from DOS
10/31/2006: Adjustment of Status Package sent to Chicago Lockbox
11/02/2006: Adjustment of Status Package delivered
11/13/2006: Application Receipt letter received
11/18/2006: Biometrics Appointment letter received
11/30/2006: Biometrics taken
01/22/2007: Interview Letter received for 03/02/2007
 
Hi Henry,

I would say your checks are done otherwise no need to invite individual's like you and waste everyone's time.I support this guess with my case got interview when only primary beneficiary BG checks were done.

I wish you all the best and hopefully you will not go into pending trouble like me.

Good Luck!!!

Jugnu
 
Status Check Letter

Hi All,

I sent a status check letter on 01/18 and got respone back on 01/26 from Memphis USCIS.

Result: Background checks pending

Jugnu
 
Hi Jugnu,
What's the purpose of such a letter? To find out if your case didn't stuck in local office?
 
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