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Dv 2009 - Aos Only

Hi Imados

Imados said:
Where is the issue here?
Extending the I-20 has nothing to do with USCIS like you said, and I advice you do it since he'll be doing AOS after he extends it. It is very important that he keeps his legal status throughout.
You can go ahead and send the forms back to KCC so they know you're doing AOS and get that stuff out of the way. It will not affect anything.
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The issue we are concerned is, can you extend I-20 (which is related to a non-immigrant visa F1) when you send a letter (DS122) to KCC indicating your desire to change your status to an immigrant visa category. There is a provision that you cannot apply for a non-immigrant visa when you have applied for an immigrant visa before. We are not sure if this applies to extending the duration of I-20 as well. Basically by sending DS122, do we demonstrate our "desire" to migrate to US. Or does it only happen when we submit the actual application (AOS package)to USCIS?
 
chooti said:
The issue we are concerned is, can you extend I-20 (which is related to a non-immigrant visa F1) when you send a letter (DS122) to KCC indicating your desire to change your status to an immigrant visa category. There is a provision that you cannot apply for a non-immigrant visa when you have applied for an immigrant visa before. We are not sure if this applies to extending the duration of I-20 as well. Basically by sending DS122, do we demonstrate our "desire" to migrate to US. Or does it only happen when we submit the actual application (AOS package)to USCIS?
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Do not worry about that. Go ahead and extend it. I was somehow in your situation. Two of my applications were in USCIS. One AOS and 2nd my 17 month OPT extension. Both got approved without any worries.


kathmadnunp
 
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chooti said:
The issue we are concerned is, can you extend I-20 (which is related to a non-immigrant visa F1) when you send a letter (DS122) to KCC indicating your desire to change your status to an immigrant visa category. There is a provision that you cannot apply for a non-immigrant visa when you have applied for an immigrant visa before. We are not sure if this applies to extending the duration of I-20 as well. Basically by sending DS122, do we demonstrate our "desire" to migrate to US. Or does it only happen when we submit the actual application (AOS package)to USCIS?
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I see what you're saying. But by not exdending your I-20, you risk to be in an unlawful status between then and the time you file for AOS.
 
Hi

Thank you Kathmandunp for sharing your experience.

Imados, My husband hopes to extend the I-20 before sending the AOS package to USCIS. But the earliest possible date he can extend his I-20 is end of March (two months prior to the expiry date). If we wait till March to send DS122, we feel it will take too long to process.
Btw, his CN is 2010AS00027xxx
 
chooti said:
My husband (the winner) is in F1 visa and his visa and I-20 expires mid of next year. We plan to do AOS. He hopes to extend his I-20 before sending the AOS package and according to the DV number, he will be able to extend it before the number becomes current.
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It is important to have a valid I-20 for the whole period starting with filing I-485 and ending with your interview. Even if your I-20 expires the day after the interview, you are covered. For example, my DS-2019 was expiring a few weeks after my interview, and I didn't bother renewing it - was too tired of doing it five times already :)

chooti said:
But we need to send the DS122 and the bar code to KCC and make everything ready by the time our number becomes current. Our problem is whether the sending of DS122 to KCC will make any impact on the current visa status. (whether he won't be able to extend the I-20 after submitting DS122).
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No, sending DS122 will not have any impact on your CURRENT status. You will be able to renew your I-20, because the decision is made by yous school and is based on your academic standing and program requirements. However, if your F-1 expires some time after you submitted a DS-122, you will be probably denied a new non-immigrant visa. But this is another story.

chooti said:
According to our knowledge, extension of I-20 is done by the university and it doesn't go through USCIS. If anyone knows about this issue please let us know.
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Sort of... it is processed on campus, but it is still a USCIS form, and each schools sends all the paperwork to the local USCIS office. (I got this information from the advisor at my university's International Office.)
 
I have a question to those that have pending EB based AOS? Doesnt it take pretty much the same time to get GC once you apply for AOS regardless of whether it is EB based or DV based etc. For my case, i have an approved I-140, but i cant even apply for AOS since i am EB3 and the EB3 cases are not current (and wont be current for a long time). But what i hear is some of you already applied for EB based AOS - my question is if you were able to apply, your case must have been current already. Then how come it is taking longer than DV?

Thanks.
 
cm1979 said:
I have a question to those that have pending EB based AOS? Doesnt it take pretty much the same time to get GC once you apply for AOS regardless of whether it is EB based or DV based etc. For my case, i have an approved I-140, but i cant even apply for AOS since i am EB3 and the EB3 cases are not current (and wont be current for a long time). But what i hear is some of you already applied for EB based AOS - my question is if you were able to apply, your case must have been current already. Then how come it is taking longer than DV?

Thanks.
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Hey cm1979,

I have an EB based AOS and my priority date is September/2005. I have been waiting from that date and it seems that I will need to wait for 2 more years. For EB3, the wait is extremely long. I'm planning on applying for my DV AOS because I can't wait that long besides all the complications (not so easy to change jobs, not being able to accept promotions or move to another job with different job descriptions as the one in your LC, etc). I at least have an EAD but you will need to wait for years until they can file your I-485 and being able to apply for EAD and/or AP.

My suggestion is "go for DV AOS".

Good luck!
 
cm1979 said:
I have a question to those that have pending EB based AOS? Doesnt it take pretty much the same time to get GC once you apply for AOS regardless of whether it is EB based or DV based etc. For my case, i have an approved I-140, but i cant even apply for AOS since i am EB3 and the EB3 cases are not current (and wont be current for a long time). But what i hear is some of you already applied for EB based AOS - my question is if you were able to apply, your case must have been current already. Then how come it is taking longer than DV?

Thanks.
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It doesn't take the same time to approve an EB AOS than a DV AOS. The DV process has a deadline (sunset provision) and so the USCIS needs to process those cases differently.

For the Texas Service Center (as an example), they are processing EB AOS cases that were filed before September 7, 2007.
 
i2009 said:
It doesn't take the same time to approve an EB AOS than a DV AOS. The DV process has a deadline (sunset provision) and so the USCIS needs to process those cases differently.

For the Texas Service Center (as an example), they are processing EB AOS cases that were filed before September 7, 2007.
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Oh i see. Although you were able to apply for AOS (hence your number was current); it still takes much longer time to process. I guess i was confused since i thought once you are able to apply (which is when your number gets current); it all takes same time. I have friends who applied based on EB2 and their case is supposed to be approved in 90 days after applying. Guess it is not always the case. Thank you for the reply!
 
cm1979 said:
Oh i see. Although you were able to apply for AOS (hence your number was current); it still takes much longer time to process. I guess i was confused since i thought once you are able to apply (which is when your number gets current); it all takes same time. I have friends who applied based on EB2 and their case is supposed to be approved in 90 days after applying. Guess it is not always the case. Thank you for the reply!
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Hello cm1979,

I filed my EB AOS in the summer of 2007 (what they call the July 2007 fiasco). During July 2007 all the EB AOS were current but in August 2007, EB3 went Unavailable. Actually, even though my Priority Date was current for a couple of months, the USCIS did not process my case because they were processing cases with receipt dates earlier than July 2007. Then the Priority Dates retrogressed. Now, they opened FY2010 with Priority Date of June 01, 2002 for applicants with countries different than China, India, Mexico, and Philippines.

For an EB case to be approved two conditions must apply: 1) Your priority date must be current, 2) Your receipt date (when you filed your AOS) must be current at the USCIS.

Some cases were reported that the USCIS did approve cases when the second condition was not true.
 
i2009 said:
Hello cm1979,

I filed my EB AOS in the summer of 2007 (what they call the July 2007 fiasco). During July 2007 all the EB AOS were current but in August 2007, EB3 went Unavailable. Actually, even though my Priority Date was current for a couple of months, the USCIS did not process my case because they were processing cases with receipt dates earlier than July 2007. Then the Priority Dates retrogressed. Now, they opened FY2010 with Priority Date of June 01, 2002 for applicants with countries different than China, India, Mexico, and Philippines.

For an EB case to be approved two conditions must apply: 1) Your priority date must be current, 2) Your receipt date (when you filed your AOS) must be current at the USCIS.

Some cases were reported that the USCIS did approve cases when the second condition was not true.
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Hmmm, it is a bummer that you couldnt get it that time. Oh well, you'll get it soon thru DV (looks like your CN is pretty low). Good luck and thanks again for the information.
 
Plan to do AoS at MN SPM Office? you may want to re-think !!


Those DV-10 AoS folks whose local office is Bloomington, MN, you may want to search this forum for the difficult time past DV ppl had with this office.

I abandoned my DV-09 AoS with this office last month and went home and did CP.

It may be useful if those other past DV AoS folks chip in here with their MN-SPM office advice.

My advice is..... if your number become current before Feb-March, you 'may' take some chances to do AoS in MN, if it is after March, go with CP than AoS in MN !!

Just my thoughts.........please take this advice at your own risk. I hope other past DV winners (AoS - MN) would come up with their own views as well.

Good Luck !

=================
Key Words:

Minnesota
Bloomington
St.Paul
Saint Paul
SPM
Metro Dr
MN, ND, SD
 
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Hi Everyone
I am a DV2010 winner and I am in student visa. My F1 visa expires in mid of next year, even though I have a valid I-20 for another year afterwards (valid F1 status). But I don't hope to visit my country to renew the F1 visa until I finish studies. My problem is, as my visa will most probably be expiring by the time I have my interview (even though i have valid F1 status), will there be any issue in processing my green card through AOS? Hope you guys can clarify.
Good luck to everyone in DV2009!
 
Hi everyone, i am holding a F-1 visa. But i have two illegal work before.
should i put on G-325A on employment ??
i am really afraid that if i put on that i will delay my greencard process..

does any one have good advice?
 
Hi Everyone,

I just wanted to say thank you for everyone who helped me through the process and to everyone that writes in the blog. Its been very helpful and I am ever so grateful. Best wished to everyone.

K.
______________________________________


May 05, 2008: Received NL from KCC
May 14, 2008: DSP-122, DS-230 submitted to KCC for AOS
July 09, 2008: Received 2nd NL acknowledging AOS with USCIS
May 21, 2009: Paid DV FEE $375.00
May 26, 2009: Receipt for payment of DV Fee Received
June 22, 2009: Medicals Completed
July 01, 2009: Sent AOS package with $1010 Fee
July 08, 2009: Receipts from AOS package received
July 11, 2009: Biometrics Notification Received
Aug 05, 2009: Biometrics Completed
Aug 06, 2009: Interview Notice Received
Aug 18, 2009: Interview completed
Sept 2, 2009: Recieved Welcome Letter
Sept 7, 2009: Recieved Green Card
 
Hi guys,
I have a few questions about the I-485 AOS and the I-765 EAD application I thought you may be able to help answer.

On the AOS I-485 form question Part1. Is the I-94 # the number of the I94 you get when you re-enter the country or is it your current I-94 number that you get with your H1B approval (for those with H1B status)?

On the EAD I-765 form question 11. Next to where they ask for the USCIS office, does the "Date(s)" refer to the date you applied for the OPT card (for those who did OPT or had a previous EAD card) or does the "Date(s)" refer to the dates of approved work authorization that's on the EAD card?

If you had a previous EAD card, would you be filling for "Permission to accept employment" or "Renewal of my permission to accept employment". I think it's the first one since I'm not applying to renew my OPT but rather filing under a different category c(9).

Photos: does it matter if the passport pictures have straight or rounded edges?
 
MY DV2009 EXPERIENCE
Hi everyone, I've been following events on this forum and its been helpful and interesting. I'm happy that all the regular 2009 members have gotten their GCs.

I feel I need to share my experience to help someone else. My husband won the dv2009 and both us were F1. Our CN was really high and didnt become current until August 09 and we had to do AOS.

USCIS received our application on 08/04/09 and exactly a month after - 09/04 we had our interview, and the officer said everything was ok. Our case was really fast and we know it was the divine grace of God working on our behave. Thank God. We were approved on 09/15 and today - 09/25 we recieved our GCs by mail. It was so smooth and I cannot believe that we finally have the GCs without so much of a hazzle.

There was one thing that worried us though. we didnt send the dsp-122 and ds-230 becos didnt know we had to. when i found out about it on this forum, i called kcc and they said it was too late to send it and that our case would not be processed further. but they also told us to ask uscis and see what they say. we decided not to confuse uscis at all but rather ask them what kcc documents they required from us and they said 1st NL and DOS fees receipt. Luckily, we paid the DOS fees in july 2008 and had the receipt. I guess what really matters is the DOS receipt or it was God showing us His love and favour.

Hope someone finds this helpful. congrats all dv09 aos filers and all the best to dv2010 aos filers.
 
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