I went to USCIS today and talk with the Immigration officer and I am really confuse with their answer.
1. They told me that if I number AS25xxx become current in August 2010, which will be publish on June 2010, I can only file my AOS package on August 2010 instead of June 2010. However, as some of the forum friend suggested that I can file my AOS package as early as June 2010 and also I read on Murthy.com that technically immigration law allow you to file 90 days before your number become current.
2. They also told me that once my AOS package application is accepted before Sept 30, 2010, I can wait for my interview or biometrics even after Sept. 30 2010. (This really confuses me, as I have been reading from lots of web-site and this forum that everything needs to be completed by Sept. 30 2010).
3. Police Clearance: according to them, I don’t need police clearance if I don’t have any criminal record (Again, I thought we need to get police clearance where ever we have stayed for more than six months after our 16th birthday).
Please suggest as I am really confuse.
Thanks for all the help.
Hello Bikash123,
I think that everyone in this thread can relate that talking to those InfoPass agents (I don't think they are Immigration Officers) is a very confusing, and sometimes frustrating, experience.
Now, there is this bulletin stating that DV winners can file the AOS petition as early as 90 days in advance. I have read threads for "AOS Only" since 2007 and there were a few cases when the petitions were returned for filing early as if the person that received the DV cases were not aware of the bulletin. The good thing is that I haven't read any case in this fiscal year being rejected for filing early. Said that, I think that the risk of your case being returned is very low. Anyway, if you file early and they return your petition, then you can file it again. It doesn't mean that you are disqualified.
My advice is that you attach a cover letter to the AOS petition and clearly state that it is a DV case and that it needs to be prioritized for the deadline of September 30th. Also, write your case number in each page of the I-485 Form. Check, double check everything, you don't want that your case being delayed or returned because you missed something or there is a contradiction with your inputs.
As some other members suggested, I think that it is safer for you to switch to CP in case that you can do that.
You don't need a police clearance if you do AOS. They will run a name check that is part of the process. You may want to check if your name is clear (I don't know the procedure but I know that you can do it) because, if your name is not clear, it may delay the process.
Regarding the end of the fiscal year. Your case "must" be approved before September 30th. If you have your interview and the visa is not assigned to you before September 30th then you missed the opportunity. Does it make sense?
Good luck and keep us posted!