DV 2010 AOS Only

[i2009]

The question about being inspected is indeed confusing.

Hello LeTigreNoire,

I would think that the Officer will ask you about it during the interview and you will have the chance to explain that you did not understand the question. Actually, if the officer thinks that your case cannot be approved, s/he should issue an Intention of Denial so you can fix the error before your case is rejected. If the officer rejects your petition without an Intention of Denial, then you can appeal the decision claiming that there was an error in the form.

Anyway, don't worry too much about it now.

Best of luck!

 

[i2009]

Hello Summet, I also did not get my 1NL but an email saying it was returned back to them. Could you please let me know how long did it take for them to respond to your email? Did you ask for them to mail or email you the 1NL? Please let me know.

Hello sagarghimire,

I would suggest that you call KCC, be aware of spams and internet frauds. KCC will ONLY communicate winners via regular mail. Did you register to the DV2011 program yourself or did you use one of those private services that fill the forms for you? In the latter case it might be possible that the private service is letting you know that you won.

 

[sagarghimire]

.

 

[maila]

CP Questions

Hey Guys,

I am about to send my email to KCC for changing from AOS to CP. Just few questions before I do so:

1. In the worst case, if we did not get visa back home (I am sure it won't be happen but preparing for the worst), are they going to cancel our H1B and F1 visa? Do We need to reapply for the visa?

2. If we get visa in September, then do we need to return back to US in September to get our green card or we can stay longer after September? The reason I am asking is that I am not sure if we need to get entry to US in September to receive the green card?

Always appreciated your help. Thanks Capeolove, i2009, sumeet,NuvF and all if I missed names.

 

[i2009]

Hey Guys,

I am about to send my email to KCC for changing from AOS to CP. Just few questions before I do so:

1. In the worst case, if we did not get visa back home (I am sure it won't be happen but preparing for the worst), are they going to cancel our H1B and F1 visa? Do We need to reapply for the visa?

2. If we get visa in September, then do we need to return back to US in September to get our green card or we can stay longer after September? The reason I am asking is that I am not sure if we need to get entry to US in September to receive the green card?

Always appreciated your help. Thanks Capeolove, i2009, sumeet,NuvF and all if I missed names.

Hello maila,

I am glad that you made a decision and I am pretty sure that everything will go well with you. Just let us know after your Consular Interview about your experience.

To answer your questions:

1) Yes, your visas will be cancelled

2) If you get (and you will get) the immigrant visa by September you still have a window of 6 months to enter the US.

Best of luck!

 

[maila]

Hello maila,

I am glad that you made a decision and I am pretty sure that everything will go well with you. Just let us know after your Consular Interview about your experience.

To answer your questions:

1) Yes, your visas will be cancelled

2) If you get (and you will get) the immigrant visa by September you still have a window of 6 months to enter the US.

Best of luck!

Thank you i2009. Appreciate your help.

 

[LeTigreNoire]

Ya that's what I think will likely happen...Thanks for your time and input!

Hello LeTigreNoire,

I would think that the Officer will ask you about it during the interview and you will have the chance to explain that you did not understand the question. Actually, if the officer thinks that your case cannot be approved, s/he should issue an Intention of Denial so you can fix the error before your case is rejected. If the officer rejects your petition without an Intention of Denial, then you can appeal the decision claiming that there was an error in the form.

Anyway, don't worry too much about it now.

Best of luck!

 

[new one]

My first post on this forum and the reply I got
cooldude06_78
Registered User
Join Date
Sep 2009
Location
Jacksonville, FL
Posts
161
Originally Posted by Summet
I got my 1st letter for dv 2010 and my CN is AS259** . I am going for AOS. and i have also paid the $375 fee to department of state. And I have hired the lawer for the case, however , now i am feeling confused about this matter while reading the post in this form because my lawyer wants me to fill all the form and do the medical and mail the AOS package now. What she tells me is that that way its gonna be on queue and i will have better change to get my EAD card and travel document. How ever i learned that I cannot mail them all document till my case is current otherwise its gonna be send back. Looking at the case number and the visa bulletin for last yr, it seems like my number might get current by may. So can you guys suggest me what should I do. Go with my lawyer or do something else.
Suggestions will be highly appretiated.
If you do send in the docs at this time most like you will get a rejection letter saying that the case is not current yet. That would mean you have to resend it when it will be current (meaning it wouldn't disqualify you or anything but it will frustrate you). I read in one of the interviews for the past years AOS applicants, one of the IO had suggested that the applicant can apply 60 days before the case is current on the visa bulletin or to be more correct once you see the case number becoming current you can mail the docs, don't have to wait till the 1st of the month. Anyways, there is no written facts to verify that to my knowledge. My suggestion is therefore to wait.

Hi Summet,

I'm sure you'll get your card easy.
You cannot change things now.
But you had chance to correct things.
And you did a great job!!!
Just be patient. You'll get your NOA very soon.

 

[capeolive]

Hi sagarhimire,

How do you know you are a winner? Do you have a number?
Are you talking about 2011? You might try to call KCC and try
to find out. Be careful with fraud though.

Hello Summet, I also did not get my 1NL but an email saying it was returned back to them. Could you please let me know how long did it take for them to respond to your email? Did you ask for them to mail or email you the 1NL? Please let me know.

 

[capeolive]

Hi maila,

A1. In worst case they will cancel your visas and you will have to reapply.

A2. The visa has to be issued by September 30th, you can enter US within
about 90 days depending on your medicals you will do in your country. Some
of the tests are valid for certain amount of time and they won't issue you visa
beyond that time frame. That's why it is advised to go for medicals close to
the interview.

CP process as I said before is a simple process, don't worry, just be prepared...

Hey Guys,

I am about to send my email to KCC for changing from AOS to CP. Just few questions before I do so:

1. In the worst case, if we did not get visa back home (I am sure it won't be happen but preparing for the worst), are they going to cancel our H1B and F1 visa? Do We need to reapply for the visa?

2. If we get visa in September, then do we need to return back to US in September to get our green card or we can stay longer after September? The reason I am asking is that I am not sure if we need to get entry to US in September to receive the green card?

Always appreciated your help. Thanks Capeolove, i2009, sumeet,NuvF and all if I missed names.

 

[i2009]

Hi maila,

A1. In worst case they will cancel your visas and you will have to reapply.

A2. The visa have to be issued by September 30th, you can enter US within
about 90 days depending on your medicals you will do in your country. Some
of the tests are valid for certain amount of time and they won't issue you visa
beyond that time frame. That's why it is advised to go for medicals close to
the interview.

CP process as I said before is a simple process, don't worry, just be prepared...

Hello capeolive,

How is your family's process going? Any estimation on when they will have the consular interview? Are you traveling to help them during the interview?

I have a question regarding your answer to question 2 because I did not know. Do you need to enter the US while the medicals are valid? I thought that it was just the time limit stated in the visa packet.

Good luck and keep us posted about your CP!

 

[maila]

Hello capeolive,

How is your family's process going? Any estimation on when they will have the consular interview? Are you traveling to help them during the interview?

I have a question regarding your answer to question 2 because I did not know. Do you need to enter the US while the medicals are valid? I thought that it was just the time limit stated in the visa packet.

Good luck and keep us posted about your CP!

Hi Capeolive and i2009,

Can you please give us a bit more info about the medical and entry to US? How many days medical done back home will be valid to enter US? Anyways, not planning to stay that long.

Another question popped out of my head: I am in H1B and if I get my visa back home, what happens my work permit in US? Am I am eligible to continue working or need to get work permit? Hope I won't be creating problem with my current employment. Do I have to file for the work permit in embassy back home when I apply for the visa?

Appreciate your help.

 

[Norkira]

Another question popped out of my head: I am in H1B and if I get my visa back home, what happens my work permit in US? Am I am eligible to continue working or need to get work permit? Hope I won't be creating problem with my current employment. Do I have to file for the work permit in embassy back home when I apply for the visa?

Appreciate your help.

Hi maila, your visa and your work permit are two different things. Your H1B status will not expire by leaving the country, but you will need a valid visa to get in. I believe you will not be complicating your work status by traveling. Now, being denied the GC might be a different story. Unfortunately, I don't know anyone who has done that, but I truly hope you won't need the work permit or the travel visa, since I have faith that your green card will be approved. Good luck.

 

[NuvF]

Maila,

I'm kind of worried that you are going to change from AoS to CP WITHOUT FULLY UNDERSTANDING the process (this conclusion due to some of your Q s)
I hope for and wish you ALL the very best !!

If you too were an F1 I will be jumping up and down for you not to go for CP, but some what ok since your H1.
('cos you need to go for CP at this late stage if you KNOW and UNDERSTAND that your case is AIR TIGHT!!)

In 'worst case scenario' if you 2 do not get GC by Sept. 30 th, you will have to RE-APPLY for H1b, and your employer will have to apply from the SCRATCH (labor cert etc.) for a NEW H1B which is valid for for next FY starting Oct 1st. Your wife most likely will not be able to get another F1, she may have to come back with an H4.

If you are issued GC stamp/sticker in PP, once activated at PoE it will be your emp. authorization, so do not worry about EAD etc.

I am not sure what capeolive's info about medicals.
Per my understanding, if the medical is given ok by the DOCTOR for not having critical conditions, and provided initial shots are given ok too, CP will give the initial GC stamp valid for 6 mos. (Havent heard anybody getting it for less than 6 mos due to any medical shots reasons!!)

I kind of think the whole medical thing as it is applied for AoS and CP are a joke!!
Take for eg. TB skin test. AoS it is necessary and if positive you need x ray and medication. CP they do not care about skin test, just x ray, whats the point??
And for 2nd round of shots that are REQUIRED , if the Doc sign off saying 'not enough time', that's it no one cares if the applicant had or will be having the 2nd round or not!!

 

[maila]

Hi maila, your visa and your work permit are two different things. Your H1B status will not expire by leaving the country, but you will need a valid visa to get in. I believe you will not be complicating your work status by traveling. Now, being denied the GC might be a different story. Unfortunately, I don't know anyone who has done that, but I truly hope you won't need the work permit or the travel visa, since I have faith that your green card will be approved. Good luck.

Hi Nokira. Thanks for your response. If I understand correctly, if I get visa back home then it will automatically cancel my H1b and in that will I be able to continue working for my current employer in US when I am back or do I need to wait till I receive green card or even the visa I received from US embassy will suffice? Because I need to provide my employer with my new status. Hope I am not asking dumb question..pressure..pressure...

 

[nepal2010]

hey guys,
i did some importnat things yesterday.
1. I went to SSA office and applied for the new social seurity card (same number though) without the DHS resriction.
2. Applied for the replacement of drivers license. So, I won't have that 'temporary visitor' tag on my license.
3. And a sad thing. I went to my school with a hope I would be able to update my residency status. But the lady in the admission told me the green card need to be a year old to make any change. I have been living in the state for more than a year, but she told me it won't count coz I just got my green card. And according to her I will be an international student for a year. She didn't even agreed to take out the restriction ( there is a restriction for international students in my school, they can't register for classes online). According to her I need to maintain valid international student status for a year, and need to pay the same amount of fees I used to pay. Do any of you guys had the same problem.

 

[maila]

Maila,

I'm kind of worried that you are going to change from AoS to CP WITHOUT FULLY UNDERSTANDING the process (this conclusion due to some of your Q s)
I hope for and wish you ALL the very best !!

If you too were an F1 I will be jumping up and down for you not to go for CP, but some what ok since your H1.
('cos you need to go for CP at this late stage if you KNOW and UNDERSTAND that your case is AIR TIGHT!!)

In 'worst case scenario' if you 2 do not get GC by Sept. 30 th, you will have to RE-APPLY for H1b, and your employer will have to apply from the SCRATCH (labor cert etc.) for a NEW H1B which is valid for for next FY starting Oct 1st. Your wife most likely will not be able to get another F1, she may have to come back with an H4.

If you are issued GC stamp/sticker in PP, once activated at PoE it will be your emp. authorization, so do not worry about EAD etc.

I am not sure what capeolive's info about medicals.
Per my understanding, if the medical is given ok by the DOCTOR for not having critical conditions, and provided initial shots are given ok too, CP will give the initial GC stamp valid for 6 mos. (Havent heard anybody getting it for less than 6 mos due to any medical shots reasons!!)

I kind of think the whole medical thing as it is applied for AoS and CP are a joke!!
Take for eg. TB skin test. AoS it is necessary and if positive you need x ray and medication. CP they do not care about skin test, just x ray, whats the point??
And for 2nd round of shots that are REQUIRED , if the Doc sign off saying 'not enough time', that's it no one cares if the applicant had or will be having the 2nd round or not!!

Hi NuvF,

Oh!! I hope I did not screw up. We for sure are not going to leave the country if we don't get interview letter from KCC. Pls add some more.....Now I am worried....

 

[new one]

Hi friends,

new information that can help to the future applicants.
I went this morning to the Social Security Administration.
I brought my old SSC and my passport with the stamp (I love it).
The most valuable thing I have at this time .

The man took my old SSC and cut it (what a great feeling ).
He changed my status.
He said that USCIS still didn't send report about my new status,
but it usually takes around 10 days.
He also said I'll get my new SSC(with the same number, but without work restriction)
in 10 days. And that's it.

Also I got a paper from them.
There is a part that says:
If you are not a U.S citizen and you are applying for a Social
Security number card for employment purposes and your
immigration status allows you to work, you may legally
begin employment while you await issuance of a Social Security Card.
You cannot work if your immigration status does not authorize you to do so.

In my understanding, I can start to work immediately.
Please correct me if I am wrong.

 

[Summet]

I am doing that capeolive, Just want all your good wishes and prayer..if it would have been the first time I wouldnt be so nervous. All i know is i did my best so far

Hi Summet,

Just little more patience, brother. Do some praying as well.

I should mention that there are no guaranties in the process.
But the good news is nobody got rejected so far...

 

[Summet]

Sagarghimire,
Usually you wont get the email responding that your package is returned, this is the first time I heard about it. however, the better way to reach them back is call KCC at 606-526-7500. Give them your case number that u got in the email, ur full name and date of birth and after they verify that the information is correct according to their database they will send you the copy of all those documents in your email and the document this time will be in pdf form which you can print and use as an original copy.

Hello Summet, I also did not get my 1NL but an email saying it was returned back to them. Could you please let me know how long did it take for them to respond to your email? Did you ask for them to mail or email you the 1NL? Please let me know.