DV 2010 AOS Only

[Summet]

one more thing to tell you guys,
It is kind of some positive thing...It was just a week I started working so, after talking to u guys i quiet working and told my employer not to pay me. I think this way, there is no way that anyone can see, i was working...so i will again reapply...and I am still in F-1 status..besides this from one of the fren who also got DV told me that he applied for AOS in the way that if the number is current in august then he send the document in the way that it will get to USCIS on august 2nd...so if that some thing to keep in mind or earliest the best....if i have my number current on august looking the visa bulletin of august published on june, should i apply on june or on August...
thanks

 

[Norkira]

one more thing to tell you guys,
It is kind of some positive thing...It was just a week I started working so, after talking to u guys i quiet working and told my employer not to pay me. I think this way, there is no way that anyone can see, i was working...so i will again reapply...and I am still in F-1 status..besides this from one of the fren who also got DV told me that he applied for AOS in the way that if the number is current in august then he send the document in the way that it will get to USCIS on august 2nd...so if that some thing to keep in mind or earliest the best....if i have my number current on august looking the visa bulletin of august published on june, should i apply on june or on August...
thanks

Hi Summet,
You can send the application on June, as soon as you receive your DOS paid receipt back.

 

[Norkira]

Hi people who are waiting for their brand new "green" cards,

I did a research on the subject and learned that there was a delay
in sending the redesigned green cards due to the switch.

The good news is starting from May 19, 2010 people started
getting their redesigned "green" cards. So, I am pretty sure
we'll soon start getting some good news as well...

I have couple of friends who are expecting their GC any day now through asylum, and their card production was ordered right after USCIS decided to redesign the GC, so....I'll keep you posted when they receive theirs...it should be this week

 

[NuvF]

one more thing to tell you guys,.........
thanks

You need to pay $1010, not less.
Good luck with your infopass but if you have followed what info others have got from them, it is very unreliable.
You can re-file i485 in June IF AND ONLY IF YOU SEE YOUR # CURRENT FOR AUG. IN THAT BULLETIN.
Be ready for document proof at your 2nd i-485 intvw. that you maintained F1 status, especially for the period from the day you signed 1st i-485 to the day you would sign your 2nd. (registering for summer credits is a good idea for you)
Still..................try hard as you can to get some reliable imm. law advice, it is very imperative for you to get advice what implications the rejected i-485 has on your current status.

Good Luck !

 

[i2009]

Hi people who are waiting for their brand new "green" cards,

I did a research on the subject and learned that there was a delay
in sending the redesigned green cards due to the switch.

The good news is starting from May 19, 2010 people started
getting their redesigned "green" cards. So, I am pretty sure
we'll soon start getting some good news as well...

Thank you for the information. I did have my suspicions because nobody was getting the GC since May. I hope that they start sending the cards right away. It's not fair, after waiting so long for the approval, now the cards are delayed!

 

[i2009]

one more thing to tell you guys,
It is kind of some positive thing...It was just a week I started working so, after talking to u guys i quiet working and told my employer not to pay me. I think this way, there is no way that anyone can see, i was working...so i will again reapply...and I am still in F-1 status..besides this from one of the fren who also got DV told me that he applied for AOS in the way that if the number is current in august then he send the document in the way that it will get to USCIS on august 2nd...so if that some thing to keep in mind or earliest the best....if i have my number current on august looking the visa bulletin of august published on june, should i apply on june or on August...
thanks

Hello Summet,

I think that quitting your job was a good move. You should keep your F-1 status for as long as you can. If you use your EAD, you immediately abandon your F-1 status and the EAD is valid as long as the AOS is pending. That's why it is risky to use EAD because you don't have any support should the AOS is rejected.

Now, it seems that your AOS was rejected as opposed to being returned. It is my understanding that you need to appeal the decision because you can't file a new AOS based on a rejected one. You need legal advice. There are plenty of lawyers that would give you a free consultation, you may want to visit a few and decide which one would be best for you. Also, you can visit www.murthy.com, they are serious and well-known immigration lawyers.

Best of luck and please keep us posted.

 

[Olsson]

Hi Olsson,

What do you mean by "AOS receipt"?
Can you add your signature so we can
understand where you are at in the process?

"AOS receipt" means I applied I-485 form with payment of $1010 and got a receipt from USCIS after 15 days eexplaining that next process is biometric, but it has already been 45 days I have not got any letter for my biometric appointment.

 

[i2009]

Guys it has been 45 days sice I got my AOS recipt and I still have not got my Biometric appointment letter. Do you guys think this is normal ??? I just had a meeting with USCIS offical through INFOPASS today and he said I-485 will take around 1to 2 years minimum, regardless of my explaination to him that my case is through DV Lottery and my case after September 2010 will automatically disqualify (Unless I am thinking wrong). I am really worried why they are taking such a long time to send me the biometric appointment letters. Any suggestions will be appreciated. Thank you

"AOS receipt" means I applied I-485 form with payment of $1010 and got a receipt from USCIS after 15 days eexplaining that next process is biometric, but it has already been 45 days I have not got any letter for my biometric appointment.

Hello Olsson,

Unfortunately the InfoPass could be a very confusing experience. It is supposed that the DV should be expedite because the DV case needs to be approved before September 30th. You should call KCC and ask them if the USCIS has requested your file, it could give you an idea if your case is moving or not. Another thing that you should do is take an InfoPass, or call the National Call Center, and file a Service Request because your biometrics appointment is delayed.

I checked the processing times for some field offices and the processing times for I-485 have moved from 3 months to 6 months. That's not good!

If your field office does not respond, I would suggest that you switch to CP asap, time is running out!

Good luck

 

[Olsson]

Hello Olsson,

Unfortunately the InfoPass could be a very confusing experience. It is supposed that the DV should be expedite because the DV case needs to be approved before September 30th. You should call KCC and ask them if the USCIS has requested your file, it could give you an idea if your case is moving or not. Another thing that you should do is take an InfoPass, or call the National Call Center, and file a Service Request because your biometrics appointment is delayed.

I checked the processing times for some field offices and the processing times for I-485 have moved from 3 months to 6 months. That's not good!

If your field office does not respond, I would suggest that you switch to CP asap, time is running out!

Good luck

Thank you for your advice but I did not understand what is service request and how can this made. Please help

 

[Olsson]

Also, Can we somehow contact Missouri service center (where the biometic thing process I assume ) or is it okay to contact or mail Missouri service center. If yes, is there a way (phone number) to contact them.

 

[i2009]

Thank you for your advice but I did not understand what is service request and how can this made. Please help

Hello Olsson,

When your case is outside the normal time frame, then you can file a Service Request. Basically, they'll send a note to the Field Office inquiring about your case, then, they will mail you the response. It could help to put your case back on track.

I think that it is possible to contact the Missouri Service Center but I don't have their phone number. Yes, the biometrics appointments are scheduled in Missouri not in the Field Office.

Good luck

 

[zahidal]

"new one"
CN: 2010EU00028XXX
In April, 2010 visa bulletin it is mentioned that the cutoff number is 29250 for EU for the month of MAY, 2010
According to your signature you have mailed AOS package to Chicago on 03/16/2010. I believe this package contains the i-485, I-693 forms + $1010 fees. So my question is how many days before visa available days (for you it is May,2010) a person can send the i-485, I-693 and fees?

Same question for "capeolive". Your CN is 2010EU00025XXX and for you the visa available month is April, 2010. But you have also sent the AOS package to Chicago on 02/08/2010. I believe this package contains the i-485, I-693 forms + $1010 fees.

Couple of more questions:

- what is NOA?
- I am on H1B visa, do I need to submit I-765?

Thanks

 

[capeolive]

Hi Summet,

I think it is imperative that you continue with
a good lawyer who is experienced in DV cases.
You can even find them online. Decide on 2-3
lawyers consult them then decide on one.

But if you don't have money to do that and have
no other options you can take the risk and try to
do it yourself. For starters why don't you call KCC
and USCIS try to find out if you have right to continue
or may be to switch to CP. You have to pay the whole
amount again.

You keep asking the same questions again and again
it might be for your best interest to continue with a lawyer...

hi capeolive,
thanks for your advice. but i am again confused where to get the legal advice, my own lawyer came out to be an a**hole. But ya i am having an appoint from info pass tomorrow and I might ask all my question there, how ever i have one more question. if i have to reapply do i still have to pay $1010 or can i just pay less for AOS since that $1010 is including all the 3 processes of which 2 are already been approved..
and again guys all your help and advice are appreciated and i am having my fingers crossed..

 

[capeolive]

As I said before if the number becomes current at
"advance notification for August" around June 10
you can apply.

Get a lawyer if you can...

one more thing to tell you guys,
It is kind of some positive thing...It was just a week I started working so, after talking to u guys i quiet working and told my employer not to pay me. I think this way, there is no way that anyone can see, i was working...so i will again reapply...and I am still in F-1 status..besides this from one of the fren who also got DV told me that he applied for AOS in the way that if the number is current in august then he send the document in the way that it will get to USCIS on august 2nd...so if that some thing to keep in mind or earliest the best....if i have my number current on august looking the visa bulletin of august published on june, should i apply on june or on August...
thanks

 

[capeolive]

So you got your NOA (notice of action) At this point you can call KCC
and find out if your case has been transferred to your local office,
sometimes they transfer it before the biometrics. You can call USCIS
as well. If you have a valid visa and can leave US and enter your own
country switching to CP might be an option to consider...

"AOS receipt" means I applied I-485 form with payment of $1010 and got a receipt from USCIS after 15 days eexplaining that next process is biometric, but it has already been 45 days I have not got any letter for my biometric appointment.

 

[capeolive]

You may be able to find some contact info about
National Benefits Center (aka Missouri Service Center)
but as far as I know they don't have any service lines.
Sending them a letter might be an idea to consider.
It is better to do a "service request" through USCIS...

Also, Can we somehow contact Missouri service center (where the biometic thing process I assume ) or is it okay to contact or mail Missouri service center. If yes, is there a way (phone number) to contact them.

 

[capeolive]

Hi Zahidal,

I take it you still have not sent your DV application.
You could have sent it around March 10, 2010.
On this date the April Visa Bulletin was out and
"Advance Notification for May" read "cut of number
for Europe in May is 29250" So you could have applied
then...

* In your case about 50 days in advance
* NOA is used for Notice of Action when you send your forms in
USCIS sends you an official looking one page receipt, it is called NOA.
* I-765 is optional.

If you still have not applied, do not lose the precious time
left before the fiscal year ends. Good luck...

"new one"
CN: 2010EU00028XXX
In April, 2010 visa bulletin it is mentioned that the cutoff number is 29250 for EU for the month of MAY, 2010
According to your signature you have mailed AOS package to Chicago on 03/16/2010. I believe this package contains the i-485, I-693 forms + $1010 fees. So my question is how many days before visa available days (for you it is May,2010) a person can send the i-485, I-693 and fees?

Same question for "capeolive". Your CN is 2010EU00025XXX and for you the visa available month is April, 2010. But you have also sent the AOS package to Chicago on 02/08/2010. I believe this package contains the i-485, I-693 forms + $1010 fees.

Couple of more questions:

- what is NOA?
- I am on H1B visa, do I need to submit I-765?

Thanks

 

[Summet]

thanks for your help.....guys but Like you said i am not in the condition to hire a new lawyer and pay them and pay the AOS fees again.. i might as well have to take the risk and stick with the same lawyer and try to get best out of her....its pain ful and scary but this is the only option I got left..

 

[Olsson]

You may be able to find some contact info about
National Benefits Center (aka Missouri Service Center)
but as far as I know they don't have any service lines.
Sending them a letter might be an idea to consider.
It is better to do a "service request" through USCIS...

Thank you for the suggestion and I just did it.

 

[NuvF]

thanks for your help.....guys but Like you said i am not in the condition to hire a new lawyer and pay them and pay the AOS fees again.. i might as well have to take the risk and stick with the same lawyer and try to get best out of her....its pain ful and scary but this is the only option I got left..

In my opinion your current STATUS should be ok to re-file i-485, however you and your attorney should be ready and be educated how to fight if an IO argue the status is not valid.
The eg. at the bottom of this message (taken from USCIS AFM) will give you some info on what sections (among others) of the INA should be used for your advantage.

NOW, this is only one and one of the major aspects pertaining to your case........and ARE YOU CONFIDENT about the DV requirements as applied to you on your a)Basic documents needed b)Medicals c)Financial strength d)Security clearance ??.......OR ARE YOU JUST GOING TO LET THE LAWYER DECIDE THEM TOO? (You were once bitten, so should be twice shy!!, educate yourself and take control of the situation. If anything is amiss later on do not think you can blame the lawyer)

I honestly wish you GOOD LUCK !!

Following eg. is taken from USCIS AFM 40.9.2 as found here
http://www.uscis.gov/portal/site/us...7e539dc4bed010VgnVCM1000000ecd190aRCRD&CH=afm

Some important sections you should be aware of as applied to you are 30.1 and 40.9.2

Example 3
An alien is admitted for “duration of status” as an F-1 nonimmigrant student. One year later, the alien drops out of school, and remains in the United States for one year after dropping out.
The alien’s status became unlawful when she dropped out of school. Neither USCIS nor an IJ ever makes a finding that the alien was out of status; therefore, she never accrues any unlawful presence for purposes of section 212(a)(9)(B ) of the Act. AFM Chapter 40.9.2(b)(1)(E)(ii) .
The alien eventually leaves the United States and returns lawfully as a nonimmigrant. While in nonimmigrant status, a Form I-140 is approved and the alien applies for adjustment of status. Because the alien failed to maintain a lawful status for more than 180 days during her prior sojourn, she is ineligible for adjustment under section 245(c)(2) of the Act, and section 245(k) of the Act does not relieve her of this ineligibility.
Under section 245(k) of the Act, the alien is still eligible for adjustment, since the prior failure to maintain status does not apply to make the alien ineligible under section 245(c) of the Act. Also, the alien did not accrue unlawful presence despite the prior unlawful status, and so the alien is not inadmissible under section 212(a)(9)(B) of the Act.