DV 2010 AOS Only

[capeolive]

Hi new one,

I think people are calling KCC phone number to check,
I am not aware of any other number. They just could
not get rid of that glitch for years, keeps coming back.

Hi capeolive,

thank you.
But I already checked on the site.
If lisa6 was told they had a glitch in the system,
why not recheck calling them .
Just to be sure.

 

[capeolive]

Hi Summet,

How is your book going? If you need any jokes, you know I got plenty.

As for DV-2011 Results, you can read the following to have an idea what's going on.

E-DV Online Status Check
For the second year, applicants can go online to the Electronic Diversity Visa (E-DV)
website for entry status confirmation. All entrants, including those not selected,
can check the E-DV website and find out if their entry was or was not selected
using the 16-character alphanumeric confirmation number received at the time
of entry. You will also need to provide the last name/family name and year of
birth provided in the same entry. Status information for DV-2011 will be available
online from July 1, 2010, until June 30, 2011. If you haven't received a notification
letter by July, be sure to check your status on the E-DV website.

http://www.dvlottery.state.gov/ESC/

I dont know about the deal now, but when I wanted to check my status online, it was available late for my case number last year. I hope that might have been the case for you guys who are not able to get online access.

 

[capeolive]

Hi sagarghimire,

If you edit your signature (time frame, number) from settings on top of the page we might help you better.

In general, you cannot send in your application before the fiscal year starts.

Late applicants can send their applications around 50 days in advance.
If your number becomes current in September you can apply around
July 10 when you see the advanced notification for September.

Please, edit your signature...

Hello, how long before our number becomes current can we send the AOS package to USCIS? IT seems like you send it more than a month ahead of time. Is there any guideline for this? Thanks for any help.

 

[Summet]

All the preparation for the book is been done, all i need is to start writing now. But I found something even more better that can have immediate affect on the lawyer, which I dont want to blow here in the website, coz if i use those words..most of the ones from texas will know who I am talking about. so waiting for my things to pass and after that, I will get that done, for the book part...al your jokes are highly appretiaed, the one that posted last time "shoot the lawyer twice" as already been added to my book.

Hi Summet,

How is your book going? If you need any jokes, you know I got plenty.

As for DV-2011 Results, you can read the following to have an idea what's going on.

E-DV Online Status Check
For the second year, applicants can go online to the Electronic Diversity Visa (E-DV)
website for entry status confirmation. All entrants, including those not selected,
can check the E-DV website and find out if their entry was or was not selected
using the 16-character alphanumeric confirmation number received at the time
of entry. You will also need to provide the last name/family name and year of
birth provided in the same entry. Status information for DV-2011 will be available
online from July 1, 2010, until June 30, 2011. If you haven't received a notification
letter by July, be sure to check your status on the E-DV website.

http://www.dvlottery.state.gov/ESC/

 

[mechta]

I completely agree with capeolive, this place have been home to be. SO far this is the whole place in this country where I can share my problems with the guarantee that its gonna be a problem no more.

Hello Summet!!!! Such a stunning words!!! I became totally addicted to this place, which became HOME for me also!!! Thank you guys that you have made this part of the Internet our home, which is filled with care and kindness!!! Happy Independence Day!!!!

 

[Summet]

Happy 4th to Mechta, capeolive, new one, Izzy120, nepal2010, sagarghimire,maila, and everyone else in this forum, who have already gone green or on the process of going green, hope that we all can celebrate our independence being a Permanent residence in this country sooner.

Hello Summet!!!! Such a stunning words!!! I became totally addicted to this place, which became HOME for me also!!! Thank you guys that you have made this part of the Internet our home, which is filled with care and kindness!!! Happy Independence Day!!!!

 

[maila]

F1 and DV

Hi guys,
I remember we used to have confusion about getting DV and losing F1 status when we go for CP. It seems US embassy do not consider technically applying for DV as intent to immigrate. Here is a transcript from US Embassy in Nepal. Hope it will helps.

---
6. Question Submitted by Santosh: Dear Sir/madam, I would like to know whether one is capable of applying for DV if s/he has already received a F1 visa?
Answer: Yes, so long as you meet the basic requirements set under the DV program and are a national of a country that is eligible to participate in the Diversity Visa Program.

 

[Summet]

I found this in the website "http://nepal.usembassy.gov/non-immigrant_visas/student_visa_faq_1209.html"
22. How do these factors affect visa issuance?
m. Having applied for the DV Lottery
At the time of your student visa application, you must demonstrate that you are of non-immigrant intent.

I didnt got to know what this really refers to but this might be something to be looking over...

Hi guys,
I remember we used to have confusion about getting DV and losing F1 status when we go for CP. It seems US embassy do not consider technically applying for DV as intent to immigrate. Here is a transcript from US Embassy in Nepal. Hope it will helps.

---
6. Question Submitted by Santosh: Dear Sir/madam, I would like to know whether one is capable of applying for DV if s/he has already received a F1 visa?
Answer: Yes, so long as you meet the basic requirements set under the DV program and are a national of a country that is eligible to participate in the Diversity Visa Program.

 

[sdang003]

Dear ALL,
I just received my 2NL today. Since i am in an F1 Visa Status her in the US, i have decided to go for AOS. The problem is i am trying to travel to london this august(just for 2 weeks) and was wondering if it would be a problem for me while i enter the US again. Since i got the 2NL and this shows immigration intent. I heard they can also deport you from the port of entry if you have applied for a DV lottery and got the 2NL already.I havent submitted my DOS fee yet...just received the 2NL. Please reply. Thank you for all your help.

 

[capeolive]

Hi maila,

Applying for an immigrant visa (DV) thorough
Consular Processing shows an "immigrant intent"
and in case you are not granted the visa most
likely you will have to reapply for an F1.

This question and answer as far as I can see is
about applying for DV, not adjudicating afterwards.

You have made a decision. You can only worry
so much. At CP they even give the visas to people
who cannot speak English and have no ties with
US. I am sure they are going to be happy to give it
to the people like yourselves. Just don't worry...

Hi guys,
I remember we used to have confusion about getting DV and losing F1 status when we go for CP. It seems US embassy do not consider technically applying for DV as intent to immigrate. Here is a transcript from US Embassy in Nepal. Hope it will helps.

---
6. Question Submitted by Santosh: Dear Sir/madam, I would like to know whether one is capable of applying for DV if s/he has already received a F1 visa?
Answer: Yes, so long as you meet the basic requirements set under the DV program and are a national of a country that is eligible to participate in the Diversity Visa Program.

 

[capeolive]

Hi sdang003,

Welcome to the forum. Please, from top of the page edit your signature
so that we know where you are at in the process. Also add your case number.

As for your question: As far as I can understand "immigrant intent" starts
when you file the application, not when you receive 2nd NL. Usually it is advised
not to leave US after you file your AOS application until you get your card.

If you want to make sure you can call USCIS, and see what they have to say about it.

Later, I am going to post some information about F1 vs. "immigrant intent"

Please, do edit your signature so that we know more about your case...

Dear ALL,
I just received my 2NL today. Since i am in an F1 Visa Status her in the US, i have decided to go for AOS. The problem is i am trying to travel to london this august(just for 2 weeks) and was wondering if it would be a problem for me while i enter the US again. Since i got the 2NL and this shows immigration intent. I heard they can also deport you from the port of entry if you have applied for a DV lottery and got the 2NL already.I havent submitted my DOS fee yet...just received the 2NL. Please reply. Thank you for all your help.

 

[capeolive]

This is some information I gathered about
"The Impact of I-140/485 Filing on F-1 Students"
People who need more information can check the following
website. The memo can get confusing at times but will
give the people an idea. Good luck in your processes...

http://www.hooyou.com/f-1/140filing.htm

The Impact of I-140/485 Filing on F-1 Students

Filing an I-140, immigrant petition, and/or and I-485, application for permanent residence, shows specific "immigrant intent." These actions show specific immigrant intent and make it very hard if not impossible to apply F-1 visa, make an entry into the US with F-1 visa or change into F-1 status in the future from another status . Please note that the law does not treat the filing of I-140 and I-485 differently with regard to finding "immigrant intent." Some attorneys may hold the opinion that filing an I-485 marks an unequivocal and affirmative action to perform or realize the immigrant intent expressed in the I-140 filing. However, some attorneys may argue that filing an I-140 only expresses a desire to seek a law-afforded measure to stay and filing an I-485 is only to seek a derivative benefit of I-140 or to naturally extend a justified desire. As you can see, law can be read and interpreted literally or liberally. The enforcement of law can be affected by the change of circumstances and the discretionary power of an adjudicator. To optimize your chance and minimize your risk, we provide these practice tips for different case scenarios.

a) Travel Abroad: If he/she travels abroad without the benefit of an advance parole, there will be two likely consequences: (1) the individual will be deemed to have abandoned his/her application for permanent residence (I-485); and (2) the individual will have a very hard time to get F-1 visa and probably not be permitted to enter the United States as an F student because he/she has demonstrated "immigrant intent" by virtue of filing an I-140 petition.

b) Applying OPT: The F-1 individual who has applied for immigrant status may apply for F-1 OPT and usually should get OPT. However, the filing of the I-140 and/or I-485 may make him/her ineligible to receive the F-1 OPT/EAD if the school becomes aware that he/she filed the I-140 and/or I-485. Even if his/her OPT/EAD application is denied, he/she would not lose his/her F-1 status so long as he/she continues to take a full time level of course work since there is no triggering event for the USCIS to invalidate the F-1 status as a matter of practices.

c) Maintaining F-1 status: The filing of I-140 / I-485 places this individual in a gray area with regard to his/her underlying status in the United States . If the F-1 student remains in the United States and continues his/her full time studies and does not travel abroad, does not apply for a new F-1 visa abroad, and/or does not seek to extend or transfer the Form I-20 (Certificate for Eligibility for Student Status), he/she should be fine because there is normally no circumstance where he/she would be asked about the disclosure of filing the I-140 and/or I-485. If, however, in the unlikely situations that the school/consular officer does ask the individual whether he/she filed an I-140 and/or I-485, he/she will have to disclose that fact. If this happens, it is highly unlikely that he/she will be able to obtain an EAD based on OPT or extend or transfer the Form I-20.

d) Applying H-1: The application of I-140 / I-485 will not affect in any way, the F-1 student's application of H-1 since the H-1 allows a dual intent and there is no need to disclose about the filing of I-140 or I-485 unless the I-140 was sponsored by the H-1B employer. Generally, there should not be a detrimental consequence if the I-140 Principal who is in F-1 status files a Form I-129 Nonimmigrant Petition to change his/her status to H-1B. In addition, there should not be a detrimental consequence to the I-140 Derivative Spouse and he/she can request to change to H-1B or H-4 status. Moreover, there is no detrimental consequence to the I-140 Derivative Spouse when changing to F-1 because the I-140 petition is not his/her petition and therefore he/she would not have immigrant intent.

e) Applying I-485 and EAD: If the F-1 student will not be able to get OPT or H-1 because of lack of sponsorship from an employer without working for the employer first as a matter of practical reasons, then he or she, if eligible, should apply for the I-485 (including any nonimmigrant dependents) with the I-140 in order to obtain the EAD so that the F-1 may work upon his graduation. However, the F-1 student is in the I-485 pending status and will have to leave the US if the I-140 or I-485 is denied by the USCIS.

f) Applying Advance Parole: If the F-1 student would like to travel abroad while his I-140 is pending, we strongly suggest that he or she apply for the I-485 and advance parole document, which will allow the applicant to travel in and out of the United States while the I-140 is pending. Please note that the only way to be eligible for the advance parole, in this case, is to file the I-485. If the I-485 is not filed at this time and the visa numbers retrogress to the point where the numbers are no longer current, then the F-1 student will not be able to file the I-485 or any applications for derivative benefits, including employment authorization and advance parole. This means that if the person leaves the United States , he/she may not be permitted to reenter in F-1 status because he/she has shown immigrant intent. In the current visa retrogression situations for the people born in China and India, the filing of I-485 is not available until the visa number is available for his/her cases. With the current backlog, it will take a couple of years for visa numbers to become available again.

g) The status: Theory vs. Practices. Once the I-485 application is filed, the F-1/F-2 individual is placed in a gray area. On the one hand, some attorneys think that the person is no longer technically considered a "nonimmigrant" because he/she cannot in theory have dual intent. On the other hand, it may be argued that the non-immigrant intent is only required when the individual applies for a visa of F-1, an entry into the US as F-1, or change or extend his / her status to F-1. As a matter of practical consideration, the USCIS does not check whether the F-1 / F-2 individual applied I-140 / I-485, and there is no trigger event to invalidate the individual's F-1/F-2 status just because of the filing and denial of his/her I-140 / I-485.

In closing, if the Principal and Derivative remain in F-1/F-2 status and the I-140 is denied, he/she may encounter problems when: (1) traveling abroad and attempting to reenter in F-1/F-2 status, because he/she has expressed immigrant intent; (2) extending the I-20 or transferring to a different academic institution; and (3) obtaining an OPT if the school / university is aware of the filing of I-140 in some schools or universities.

Pursuing lawful permanent residence in the United States is always a difficult and challenging procedure due to the complexities of U.S. immigration laws and regulations. For this reason, it is highly recommended that you consult an experienced and qualified attorney prior to initiating any application for permanent residence to ensure that you, first and foremost, are eligible for such a classification and to ensure that your underlying status in the United States is always protected. If you have any questions about your status, please do not hesitate to contact our experienced and knowledgeable attorneys who are always happy to assist you. Finally, the memo is based on the legal authorities best available now and the USCIS' practices. However, as the immigration laws depend on the implementation and policies by the USCIS, the USCIS may change its policies and practices anytime in the future. This memo may not be construed as a legal advice to a particular situation and does not establish an attorney-client relationship.

 

[Summet]

HI capeolive,
thanks for all the information you provided for the F-1 and the I485 procedure, now this made me feel that getting the Permanent residence is the last resort for me. Keep praying for me guys, this piece of information that capeolive provided was both important and sensitive. I am looking forward to get green at the end and I am sure, with all your prayers, this dream is no far from comming true..

 

[Summet]

I am just checking this time lines you have posted for Dallas applicants, non of them took 3 months and as it proceed to nepal2010, it was about 2 months which i hope will be sooner in my case as well, but the only thing i am thrilled is coz i am the only one doing it the second time, I have faith, its just that I am being restless. when there is nothing much to do , I start thinking of my process and start getting worried..

Hi Summet,

Probably you will get your NOA by the end of the week
if not beginning of the next week. When they cash the
checks they create the NOA and send it.

You can check the signatures about the time frames.
I will post the ones that were done in Dallas, TX.
Take into consideration that lately they have been
doing things little faster. Keep the faith.

NAME-----------------------CUT-OFF-------NOA---------BIO-----------INT-------------CARD

gagaun (Dallas, TX)----December-----12/11 (41)--1/21 (34)-----2/24 (12)-----3/10 (87)

antar45 (Dallas, TX)----February------2/13 (50)----4/5 (2)-------4/7 (16)-------4/23 (68)

nepal2010 (Dallas, TX)-April-----------4/8 (22)-----5/14 (26)-----6/9 (17)------6/26 (65)

P.S. Time frames start from NOA, Numbers in parenthesis are days,
last ones are total days, about 10 days should be added for NOA's.

 

[capeolive]

Hi Summet,

Since they have already cashed your check,
your 2nd application started moving. There
is nothing to be worried about so far rather
you should be happy that your application
was accepted and you didn't do it with your
lawyer this time.

Keep yourself busy with some good occupation.
Focus on your future book for instance. If you
become a famous writer one day don't forget
your old days and your forum friends.

Here are some more jokes for your book:

-----------------------------------------------

Q: How many personal injury attorneys does it take to change a light bulb?

A: Three–one to turn the bulb, one to shake him off the ladder, and the third
to sue the ladder company.

***

Q: How can you tell when a lawyer is lying?

A: His lips are moving.

***

Q: If you have a bad lawyer, why not get a new one?

A: Changing lawyers is like moving to a different deck chair on the Titanic.

----------------------------------------------

I am just checking this time lines you have posted for Dallas applicants, non of them took 3 months and as it proceed to nepal2010, it was about 2 months which i hope will be sooner in my case as well, but the only thing i am thrilled is coz i am the only one doing it the second time, I have faith, its just that I am being restless. when there is nothing much to do , I start thinking of my process and start getting worried..

 

[Summet]

thanks for your words capeolive,
I am trying to keep myself busy wit my summer classes but its just that feeling that comes to you once in a while when u just started getting worried. Like u said the check has been cashed so that means they have accepted the application, this gives me a bit relief, just want to see the letter of interview in my mail box and the smooth interview after that. Besides things are on the track, Havent worked much on the books coz of the exams but definately appretiate your jokes, i will get them in and where ever I be after next 10 years, this forum will always be part of my life. It has been such a wonderful experience being in this forum. Thanks to capeolive and all other members here at "DV 2010 AOS Only"

Hi Summet,

Since they have already cashed your check,
your 2nd application started moving. There
is nothing to be worried about so far rather
you should be happy that your application
was accepted and you didn't do it with your
lawyer this time.

Keep yourself busy with some good occupation.
Focus on your future book for instance. If you
become a famous writer one day don't forget
your old days and your forum friends.

Here are some more jokes for your book:

-----------------------------------------------

Q: How many personal injury attorneys does it take to change a light bulb?

A: Three–one to turn the bulb, one to shake him off the ladder, and the third
to sue the ladder company.

***

Q: How can you tell when a lawyer is lying?

A: His lips are moving.

***

Q: If you have a bad lawyer, why not get a new one?

A: Changing lawyers is like moving to a different deck chair on the Titanic.

----------------------------------------------

 

[maila]

Hi maila,

Applying for an immigrant visa (DV) thorough
Consular Processing shows an "immigrant intent"
and in case you are not granted the visa most
likely you will have to reapply for an F1.

This question and answer as far as I can see is
about applying for DV, not adjudicating afterwards.

You have made a decision. You can only worry
so much. At CP they even give the visas to people
who cannot speak English and have no ties with
US. I am sure they are going to be happy to give it
to the people like yourselves. Just don't worry...

Thanks Capeolive. Yeah, We are worried about it. But I think we will be OK. Hope our case number becomes current (we are just about few hundred behind the number which is current for August) and we will get 2nd NL. Wish us luck.

 

[Summet]

Hey maila, i am sure that you will be current for september. I think on sept. they will get all the numbers for asia current like they did last yr and so far they already got all current for some regions. best of luck. Our warm wishes and prayers are always with u.

Thanks Capeolive. Yeah, We are worried about it. But I think we will be OK. Hope our case number becomes current (we are just about few hundred behind the number which is current for August) and we will get 2nd NL. Wish us luck.

 

[new one]

I am just checking this time lines you have posted for Dallas applicants, non of them took 3 months and as it proceed to nepal2010, it was about 2 months which i hope will be sooner in my case as well, but the only thing i am thrilled is coz i am the only one doing it the second time, I have faith, its just that I am being restless. when there is nothing much to do , I start thinking of my process and start getting worried..

Hi Summet,

as I said I never read more
than I needed to make myself ready
for the interview.
Reading more than you have to know
will make you worried and afraid.
So just get all papers together.

Try to relax and everything will be ok.
If you have high school diploma,
you don't have criminal record,
you have status,
and you have a sponsor you will get your card.

Soon you will have your green card
and you'll enjoy in freedom.

 

[Summet]

Thanks new one,
that was a good piece of suggestion, have got all my documents ready as well for my interview, however, i didnt submit the police report from my country because i though i didnt need it, and i have no criminal background, just the only thing i am working on is to get the sponser, so far non in dallas has been asked for one how ever, i just want to play safe.

Hi Summet,

as I said I never read more
than I needed to make myself ready
for the interview.
Reading more than you have to know
will make you worried and afraid.
So just get all papers together.

Try to relax and everything will be ok.
If you have high school diploma,
you don't have criminal record,
you have status,
and you have a sponsor you will get your card.

Soon you will have your green card
and you'll enjoy in freedom.