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DV 2007 AOS only
- Thread starter Jugnu786
- Start date
Hi Vini,
H1 visa will be still good as long as that is valid.Hopefully our cases will not be screwed but anyway outcome of this I-485 has nothing to do with a well maintained status of H1B.My H1B is expiring in August this year and my extension on the basics of approved LC and some recapturing of time is pending with USCIS since last month.
Coldstar, MY LC was approved since last September just did not apply for I-140 as I thought DV case might go smooth and faster.However, I'm applying to be on a safeside as my priority date 09/2003 might be currect next month or so for EB3 World.They do background checks when you file for I-485 not I-140 alone.I will be stuck again but employment base have no cutoff date and I can get work authorization and travel document while case is pending for unlimited time.
I am not quite there yet but that is the plan and Expecting the best for all of us.
Jugnu
H1 visa will be still good as long as that is valid.Hopefully our cases will not be screwed but anyway outcome of this I-485 has nothing to do with a well maintained status of H1B.My H1B is expiring in August this year and my extension on the basics of approved LC and some recapturing of time is pending with USCIS since last month.
Coldstar, MY LC was approved since last September just did not apply for I-140 as I thought DV case might go smooth and faster.However, I'm applying to be on a safeside as my priority date 09/2003 might be currect next month or so for EB3 World.They do background checks when you file for I-485 not I-140 alone.I will be stuck again but employment base have no cutoff date and I can get work authorization and travel document while case is pending for unlimited time.
I am not quite there yet but that is the plan and Expecting the best for all of us.
Jugnu
Hi Jugnu786
I am new to this forum but I have read most of the thread. I am also on H1B visa here which will expire in September this year. I am planning to renew my visa for the next 3 years extension in August 07. My DV will be current in June (AS 6XXX) and I am doing AOS here. I have a few questions and would appreciate you can advise me:
1) Do I have to submit my original I-94 to USCIS when I renew my H1 visa? (As we have to bring our I-94 for DV interview and this is holding me back for my H1 renewal and hoping that my DV interview will be scheduled in August)
2) I-485 form Part 3:
a) Nonimmigrant Visa #: is this the RED color number in my H1B visa in my passport?
b) In what status did you last enter? I wrote "professional worker" since I am here under H1B visa or what should I write.
c) Were you inspected by a U.S. Immigration officer? Yes or No. Should I check "Yes"?
Thank you very much in advance for your great help.
Jerry
I am new to this forum but I have read most of the thread. I am also on H1B visa here which will expire in September this year. I am planning to renew my visa for the next 3 years extension in August 07. My DV will be current in June (AS 6XXX) and I am doing AOS here. I have a few questions and would appreciate you can advise me:
1) Do I have to submit my original I-94 to USCIS when I renew my H1 visa? (As we have to bring our I-94 for DV interview and this is holding me back for my H1 renewal and hoping that my DV interview will be scheduled in August)
2) I-485 form Part 3:
a) Nonimmigrant Visa #: is this the RED color number in my H1B visa in my passport?
b) In what status did you last enter? I wrote "professional worker" since I am here under H1B visa or what should I write.
c) Were you inspected by a U.S. Immigration officer? Yes or No. Should I check "Yes"?
Thank you very much in advance for your great help.
Jerry
Hi jerry,
1) Do I have to submit my original I-94 to USCIS when I renew my H1 visa? (As we have to bring our I-94 for DV interview and this is holding me back for my H1 renewal and hoping that my DV interview will be scheduled in August)
No, copy is suffice and that is the standard as well!!!
2) I-485 form Part 3:
a) Nonimmigrant Visa #: is this the RED color number in my H1B visa in my passport?
yes, some folks mix with control number but you got it right.
b) In what status did you last enter? I wrote "professional worker" since I am here under H1B visa or what should I write.
I would right H1B that is more specific...
c) Were you inspected by a U.S. Immigration officer? Yes or No. Should I check "Yes"?
Yes
Let me know if you need some help and all the best!!!
Jugnu
1) Do I have to submit my original I-94 to USCIS when I renew my H1 visa? (As we have to bring our I-94 for DV interview and this is holding me back for my H1 renewal and hoping that my DV interview will be scheduled in August)
No, copy is suffice and that is the standard as well!!!
2) I-485 form Part 3:
a) Nonimmigrant Visa #: is this the RED color number in my H1B visa in my passport?
yes, some folks mix with control number but you got it right.
b) In what status did you last enter? I wrote "professional worker" since I am here under H1B visa or what should I write.
I would right H1B that is more specific...
c) Were you inspected by a U.S. Immigration officer? Yes or No. Should I check "Yes"?
Yes
Let me know if you need some help and all the best!!!
Jugnu
Last edited by a moderator:
Hey guys, just got the update about my case:
Notice mailed welcoming the new permanent resident.
My path:
04/06 - Got DV packet
07/01/06 - Sent documents to KCC requesting AoS
07/15/06 - Followed with call - docs not yet received by KCC, hm
08/01/06 - Followed with call - docs not yet received by KCC, hmm
08/15/06 - Followed with call - docs not yet received by KCC, hmmm, wtf?
09/01/06 - Followed with call, sent copies to KCC by fax
09/15/06 - They finally processed documens AND told me that I am doing CP (WTF?), asked them to process my case as AoS. Send the FAX and email asking to change to AoS.
20/09/06 - They changes processing to AoS
01/01/07 - Sent docs to Chicago lockbox
01/04/07 - Receipt mailed, fingerprints scheduled on 01/18/07
01/18/07 - Did fingerprints
01/19/07 - Interview scheduled on 03/15/07 and fingerprinst sheduled again on 01/2X/07, hm...
01/2X/07 - Went to the different location, officer told me that there is no need to do fingerprints again.
03/15/07 - Went to the interview. it took like 20 minutes. Showed my university diploma. Officer asked for high school diploma. Showed the original in Russian(I thought university diploma is more then enough). Asked to bring them: High school diploma certified translation, current university transcript, etc..(I was on F1) Lawyer asked about fingerprints and name check. Got the answer: EVERYTHING IS CLEARED. Just bring in thoses evidences.
03/19/07 - They got everything they need.
03/24/07 - Got the mailing saying that Name Check is still pending. How it can be??? If the officer answered that everything cleared? Lawyer recommended to wait till August. No way.
04/01/07 - Went to INFOPASS - answer was: "Well, I don't know. Everything looks fine. Oh, here it states.. Name Check not yet passed".
04/03/07 - Sent mailing, faxes, emails to FBI asking about the name check status. Contacted 2 congressen asking for assistance and providing information about the real case status and FBI name check status.
04/10/07 - Got response from one congressman saying that they are contacting USCIS to get the information. You will get response from us in 30-60 days. Great. At least they will open my case one more time!
04/19/07 - Went to INFOPASS - answer was - 90 days not yet passed, just wait.
04/23/07 - CASE STATUS UPDATED!!!!!
Notice mailed welcoming the new permanent resident.
My path:
04/06 - Got DV packet
07/01/06 - Sent documents to KCC requesting AoS
07/15/06 - Followed with call - docs not yet received by KCC, hm
08/01/06 - Followed with call - docs not yet received by KCC, hmm
08/15/06 - Followed with call - docs not yet received by KCC, hmmm, wtf?
09/01/06 - Followed with call, sent copies to KCC by fax
09/15/06 - They finally processed documens AND told me that I am doing CP (WTF?), asked them to process my case as AoS. Send the FAX and email asking to change to AoS.
20/09/06 - They changes processing to AoS
01/01/07 - Sent docs to Chicago lockbox
01/04/07 - Receipt mailed, fingerprints scheduled on 01/18/07
01/18/07 - Did fingerprints
01/19/07 - Interview scheduled on 03/15/07 and fingerprinst sheduled again on 01/2X/07, hm...
01/2X/07 - Went to the different location, officer told me that there is no need to do fingerprints again.
03/15/07 - Went to the interview. it took like 20 minutes. Showed my university diploma. Officer asked for high school diploma. Showed the original in Russian(I thought university diploma is more then enough). Asked to bring them: High school diploma certified translation, current university transcript, etc..(I was on F1) Lawyer asked about fingerprints and name check. Got the answer: EVERYTHING IS CLEARED. Just bring in thoses evidences.
03/19/07 - They got everything they need.
03/24/07 - Got the mailing saying that Name Check is still pending. How it can be??? If the officer answered that everything cleared? Lawyer recommended to wait till August. No way.
04/01/07 - Went to INFOPASS - answer was: "Well, I don't know. Everything looks fine. Oh, here it states.. Name Check not yet passed".
04/03/07 - Sent mailing, faxes, emails to FBI asking about the name check status. Contacted 2 congressen asking for assistance and providing information about the real case status and FBI name check status.
04/10/07 - Got response from one congressman saying that they are contacting USCIS to get the information. You will get response from us in 30-60 days. Great. At least they will open my case one more time!
04/19/07 - Went to INFOPASS - answer was - 90 days not yet passed, just wait.
04/23/07 - CASE STATUS UPDATED!!!!!
Thank you guys and good luck! Hope everything will work out well for you.
P.S. Thanks to everybody who posted their experience here, especially one lady with her really long story about being persistent in contacting USCIS, congressmen, FBI to get the thing done.
P.S. Thanks to everybody who posted their experience here, especially one lady with her really long story about being persistent in contacting USCIS, congressmen, FBI to get the thing done.
blessed123
Registered Users (C)
Hi Shtirlitz,
A job well done!!!Congraulation you are one lucky person.
Jugnu
Hey jungu, i've not been in here for a while and thought to check up on yu guys, i cant believe they are still stuck on your name check. I'll be keeping my fingers crossed for you - i know everything wil pul through soon. Thanks for all your help on the site and Goodluck!!!
Hi guys,
I had my interview yesterday. It was pretty straightforward, pretty much as described by other interview experiences. The officer was a bit confused that I did not submit an I134 form though. I have a job and I will start a new job as soon as I'm done with this, I had letters stating dates and salaries. I think he was confused about the details of the letters. He did not make a decision right then and there, he said he will go over my case once again and make a decision. This morning my online status was updated to "welcome letter mailed on 04/30/2007"! Yay!
It is incredible how differently various USCIS offices handle these applications! As I wrote before I had not submitted anything to KCC and the officer didn't even ask me anything about it -but I know some people had problems with this. I had not had the PPD skin test (because it would turn out positive) and got an Xray, the officer did not say anything about my med. report -but I read here that somebody was asked to complete the skin test before the GC can be mailed. I feel so lucky that things moved so fast for me (I had a relatively high number which became current only in March and my local office is a very busy one), I wish the same luck to those who are still pending. I keep my fingers crossed especially for people whose applications got stuck at name-check (like Jugnu), I can imagine how terribly frustrating it must be. I'll check the thread for your good news!
Thanks to all who shared their experiences on this forum!
I had my interview yesterday. It was pretty straightforward, pretty much as described by other interview experiences. The officer was a bit confused that I did not submit an I134 form though. I have a job and I will start a new job as soon as I'm done with this, I had letters stating dates and salaries. I think he was confused about the details of the letters. He did not make a decision right then and there, he said he will go over my case once again and make a decision. This morning my online status was updated to "welcome letter mailed on 04/30/2007"! Yay!
It is incredible how differently various USCIS offices handle these applications! As I wrote before I had not submitted anything to KCC and the officer didn't even ask me anything about it -but I know some people had problems with this. I had not had the PPD skin test (because it would turn out positive) and got an Xray, the officer did not say anything about my med. report -but I read here that somebody was asked to complete the skin test before the GC can be mailed. I feel so lucky that things moved so fast for me (I had a relatively high number which became current only in March and my local office is a very busy one), I wish the same luck to those who are still pending. I keep my fingers crossed especially for people whose applications got stuck at name-check (like Jugnu), I can imagine how terribly frustrating it must be. I'll check the thread for your good news!
Thanks to all who shared their experiences on this forum!
johnnykalsi
Registered Users (C)
AOS interview on the 18th April
Hello Everyone
First of all thanks to all who have posted here and given everyone else much insight into this.
I'm posting my info here, hopefully it will help someone in my situation to better prepare.
I'm indian citizen with Indian passport, but born in Nigeria. I did AOS in Newark NJ office.
I did not have my original birth certificate, but just a copy of it. the original was lost some 22 years ago.
I prepare myself before the interview by getting a affadavit of birth from my parents, had 4 expired passports that show I was born in Nigera, had early schools records and also birth vaccine records from the hospital that I was born in.
You think this would qualify as enough secondry evidence of birth ..right ?
No, just because I showed the officer my copy of the BC, she said that the original must exsist.
She then asked for my Nigerian passport, I told her that the requirements of the DV do NOT ask for a person to be citizen of the country where he was born. She gave me a letter and told me that I have 15 days time to submit original birth certificate and Nigerian passport.
I flew to Nigeria the next day, and got my BC, but did not want to give up my Indian citizenship..
I got back to the US, and researched the law. I called up Attorney Murthy, one super Attonrey in NJ, who himself was a immigration officer for 20 plus years...and also the congressman.
Everything pointed to the following evidence regarding nationality of the person.
Under Section 203( c ) of the INA and 9 FAM 42.33, these are the requirements of the DV
(1) The alien must be a native of, or chargeable to a diversity country
(see 9 FAM 42.33 N4); and
(2) The alien must have at least a high school education or equivalent (see
9 FAM 42.33 N7) or
(3) The alien must have, within five years of the date of application for a diversity immigrant visa under INA 203(c), at least two years of work experience in an occupation, which requires at least two years of training, or experience. (See 9 FAM 42.33 N8.)
Native is defined as
9 FAM 42.33 N4.1 Regulatory Definition
(TL:VISA-513; 01-23-2003)
"Native" ordinarily means both someone born within a particular country, regardless of the individual's current country of residence or nationality.
"Native" can also mean someone entitled to be "charged" to a particular country under the provisions of INA 202(b).
It clearly says regardless of the individuals country of residence or nationality.
I would like to know if the IO's request for Nigerian passport is a valid requirement ?
One more thing: If you do not have the original but have the copy, then do NOT show it, just use secondary evidence instead.
Thanks
Johnny
Hello Everyone
First of all thanks to all who have posted here and given everyone else much insight into this.
I'm posting my info here, hopefully it will help someone in my situation to better prepare.
I'm indian citizen with Indian passport, but born in Nigeria. I did AOS in Newark NJ office.
I did not have my original birth certificate, but just a copy of it. the original was lost some 22 years ago.
I prepare myself before the interview by getting a affadavit of birth from my parents, had 4 expired passports that show I was born in Nigera, had early schools records and also birth vaccine records from the hospital that I was born in.
You think this would qualify as enough secondry evidence of birth ..right ?
No, just because I showed the officer my copy of the BC, she said that the original must exsist.
She then asked for my Nigerian passport, I told her that the requirements of the DV do NOT ask for a person to be citizen of the country where he was born. She gave me a letter and told me that I have 15 days time to submit original birth certificate and Nigerian passport.
I flew to Nigeria the next day, and got my BC, but did not want to give up my Indian citizenship..
I got back to the US, and researched the law. I called up Attorney Murthy, one super Attonrey in NJ, who himself was a immigration officer for 20 plus years...and also the congressman.
Everything pointed to the following evidence regarding nationality of the person.
Under Section 203( c ) of the INA and 9 FAM 42.33, these are the requirements of the DV
(1) The alien must be a native of, or chargeable to a diversity country
(see 9 FAM 42.33 N4); and
(2) The alien must have at least a high school education or equivalent (see
9 FAM 42.33 N7) or
(3) The alien must have, within five years of the date of application for a diversity immigrant visa under INA 203(c), at least two years of work experience in an occupation, which requires at least two years of training, or experience. (See 9 FAM 42.33 N8.)
Native is defined as
9 FAM 42.33 N4.1 Regulatory Definition
(TL:VISA-513; 01-23-2003)
"Native" ordinarily means both someone born within a particular country, regardless of the individual's current country of residence or nationality.
"Native" can also mean someone entitled to be "charged" to a particular country under the provisions of INA 202(b).
It clearly says regardless of the individuals country of residence or nationality.
I would like to know if the IO's request for Nigerian passport is a valid requirement ?
One more thing: If you do not have the original but have the copy, then do NOT show it, just use secondary evidence instead.
Thanks
Johnny
bahadur007
Registered Users (C)
As you pointed out, there is no requirement to hold citizenship of the country you were born in. As is quite common, many USCIS employees do not know their own rules (their lives don't depend on knowing them, so many just "wing" it). I have held Netherlands citizenship since birth but was born in Suriname (in South America). I had my interview at the US Embassy in London in January and didn't have any issues relating to citizenship/place of birth, though I am waiting for my background check to clear ("administrative processing").
My guess is that the officer thought you were trying to pull a "fast" one since Indian citizens are not normally eligible to participate in the DV lottery. Your lack of an original birth certificate probably compounded the problem. The instructions state quite cleary you needed the originals so I don't understand why you thought you could get away with presenting secondary evidence. In any case, I would submit the original birth certificate, maybe with copies of the relevant rules explaining why a Nigerian passport is not necessary. If they refuse your case, I wouldn't waste any more time and contact a good lawyer (such as Murthy or Shusterman). This should be an easy case for them to win.
My guess is that the officer thought you were trying to pull a "fast" one since Indian citizens are not normally eligible to participate in the DV lottery. Your lack of an original birth certificate probably compounded the problem. The instructions state quite cleary you needed the originals so I don't understand why you thought you could get away with presenting secondary evidence. In any case, I would submit the original birth certificate, maybe with copies of the relevant rules explaining why a Nigerian passport is not necessary. If they refuse your case, I wouldn't waste any more time and contact a good lawyer (such as Murthy or Shusterman). This should be an easy case for them to win.
Hello Everyone
First of all thanks to all who have posted here and given everyone else much insight into this.
I'm posting my info here, hopefully it will help someone in my situation to better prepare.
I'm indian citizen with Indian passport, but born in Nigeria. I did AOS in Newark NJ office.
I did not have my original birth certificate, but just a copy of it. the original was lost some 22 years ago.
I prepare myself before the interview by getting a affadavit of birth from my parents, had 4 expired passports that show I was born in Nigera, had early schools records and also birth vaccine records from the hospital that I was born in.
You think this would qualify as enough secondry evidence of birth ..right ?
No, just because I showed the officer my copy of the BC, she said that the original must exsist.
She then asked for my Nigerian passport, I told her that the requirements of the DV do NOT ask for a person to be citizen of the country where he was born. She gave me a letter and told me that I have 15 days time to submit original birth certificate and Nigerian passport.
I flew to Nigeria the next day, and got my BC, but did not want to give up my Indian citizenship..
I got back to the US, and researched the law. I called up Attorney Murthy, one super Attonrey in NJ, who himself was a immigration officer for 20 plus years...and also the congressman.
Everything pointed to the following evidence regarding nationality of the person.
Under Section 203( c ) of the INA and 9 FAM 42.33, these are the requirements of the DV
(1) The alien must be a native of, or chargeable to a diversity country
(see 9 FAM 42.33 N4); and
(2) The alien must have at least a high school education or equivalent (see
9 FAM 42.33 N7) or
(3) The alien must have, within five years of the date of application for a diversity immigrant visa under INA 203(c), at least two years of work experience in an occupation, which requires at least two years of training, or experience. (See 9 FAM 42.33 N8.)
Native is defined as
9 FAM 42.33 N4.1 Regulatory Definition
(TL:VISA-513; 01-23-2003)
"Native" ordinarily means both someone born within a particular country, regardless of the individual's current country of residence or nationality.
"Native" can also mean someone entitled to be "charged" to a particular country under the provisions of INA 202(b).
It clearly says regardless of the individuals country of residence or nationality.
I would like to know if the IO's request for Nigerian passport is a valid requirement ?
One more thing: If you do not have the original but have the copy, then do NOT show it, just use secondary evidence instead.
Thanks
Johnny