DV 2010 AOS Only

[bentlebee]

Wait till your numbers becmes current in the visa bulletin...you don't have to wait till the months it is really current, but some packages have been rejected and others not...most who have been rejected due to not complete...if you send it on time you at least have tim to correct things, just in case something is missing, but even better is to check, check, check and check again all your papers.

There is some confusion about the 2nd NL...some say the letter from KCC stating your case has been send is the 2nd NL but it really isn't...the 2nd NL is when you get notified of your interview/biometrics, etc... the other one is just a conformation that they received your payment to do AOS and stating your case has been send over to do AOS.

 

[Daima]

This is my first entry in this blog. i m a dv lottery winner from asia with cn 126**. I submitted my initial forms to KCC and received a letter from KCC few days ago. I wonder if this is the second letter you guys are talking about or not? Or it is anything other coz my case is not current yet.
Let me say what does the letter say:
Thank You for informing us of your intention to apply for adjustment of status with department of Homeland security..............................................................................................
........................................................
And at last it says:
Please do not contact the KCC regarding your case or that of your family. The KCC has now completed its processing of your case, any further inquiries should be addressed to the USCIS.
Guys please read the 2nd NL as you said n inform me if u got the same as mine or different.
and i got the question , since i got this letter can i go ahead n file for aos or i need to wait until my case gets current. thnks yall.....kip ur fingers crossed for that magic card!!!!

Bentlebee is right, you have to wait until your number is current to send your AOS package (At least when it's on the Bulletin, not the exact month).

As far as the letter, I think for people who are doing AOS, we consider that as a 2nd NL because it comes from KCC, where the 1st NL originated. After that USCIS takes over and those letters from USCIS become NOA, Biometrics, Interview etc. So I think it's right to call it a second NL, and yes that's what all of us in here doing AOS received or are going to receive if you decided to adjust status.

This is a very informative thread/forum and people in here are very helpful, so don't hesitate to ask questions and bring any concerns. We are not experts but we'll answer to the best of our knowledge and experience.

Good luck!

 

[houselight75]

Congratulation ntce

Hi ntce
Congratulation ntce maybe you are the first one who did an interview
Please can you tell us where your interview was and what's happened in the interview?

Please give us a details information as you can

Once again congratulation

Thanks

 

[cooldude06_78]

two biometric appointments

Hi Daima,

Glad to know your biometrics went like a breeze. Did they allow your husband to do it on Nov 6th too? Did you mention to USCIS about the two biometrics appointment? I got two appointments for biometrics too. One for the I-765 and the other one for I-485. What did they say about the two biometric appointments? Thanks.

Interview Letter Received!!!!!!!!!!!!!!!!!!!!!!

Hi guys,
I'm so excited. I just got home, and my husband just surprised me with the Interview letters. The following is what they asked us to bring to the Interview:

1. The Interview letter
2. Personal I.D (Driver's License, Social Security card)
3. Passport and I-94
4. Evidence of High School education
5. Employer's affidavit to show 2 yr Experience of work (Which I think applies to my hubby since he's the Primary applicant)

Strangely enough, they sent another letter for Biometrics (Code 1-Fingerprints only) for the same day, Nov 24 at 10.30 and 11.00, respectively for each. But since we are going tomorrow, I guess that won't matter, but we'll bring it to their attention.

So excited, guys....Wish us luck!

 

[lematt]

Hi Guys,

I'd like to have confirmation that, as an H1-B Visa Holder asking for AOS, we need to provide employment letters, and that kind of document as mentioned in an example cover letter linked earlier in this thread?

Page 5 of the Instructions for I-485 state:

Affidavit of Support/Employment Letter
If your Form I-485 is related to an employment-based visa petition (Form I-140), you must submit a letter on the letterhead of the petitioning employer which confirms that the job on which the visa petition is based is still available to you. The letter must also state the salary that will be paid.

Since when the DV Lottery is an employment-based visa petition? Do we need to provide any employment-related documents with the education documents?

Thanks a lot,

 

[lematt]

Another question:
In the second notification letter from KCC that confirms that I will file for AOS and that I have to deal with USCIS only now, there's this sentence:

You MUST submit the Diversity Visa (DV) "Notification Letter" we sent you to the USCIS office nearest your place of residence in order to apply for adjustment of status.

What does that mean? Does that means that I can send the letter with my I-485 and application package? Before? Also, they write "local USCIS" office, but for the AOS Package I see only one address, in Chicago... is that the good one?

Thanks a lot for your help guys!

 

[Lucky2010]

So sorry to read this

Hek, I am so saddened to read about your situation.
I like the direction u are going in- new medicals, new payment. But could u not appeal the case and figure out how long that would take to save your case? sorry i didnt read your original post about what happened exactly.

When a case is rejected it is b/c there is a clear understanding that the applicant does not qualify. We all know that when u sent your original application you had an (enclosures list,optional) copy of NL as a DV winner and copy of HS diploma and checks payed out to respective departments.

If all forms were filled out properly- and you have photocopies- I believe when u get an NOD (notice of denial)- you have a grace period to prove or sway the adjudicator that u are in fact qualified without a doubt.

Thanks for the replies a thousand times, I felt really bad when i got the notice. Thank God that I am in this forum and I know you guys. Thanks again.

I just called KCC and they said it would take 8 to 12 weeks for NL2 to process. I do not have chance to wait for NL2 anyway. What i am going to do is the following:

1. Prepare a cover letter stating that i am a DV winner and so on.
2. Prepare a new i 485 and mark option h) " dv 2010 winner case # ......"
3. I ll include a copy of the DV receipt and NL1 and the barcode
4. i ll make a copy of the original required documents again, write a new check, prepare a new application

And send them to USCIS.

I think it would be better if i prepare a new application. Bcs the NOA says rejected, it doesn't say additional info required. And all of documents has stamp on it. I do not want the next officer to get confused and reject again.

What do u guys say to this ? Do you think its Ok?

 

[Lucky2010]

Hi d!

I thought that u have an option of either- education qualifications or work experience. Take proof of whatever experience u do have. and explain that as a DV winner- u have met the educational requirement. Right?

My Biometrics are comming up early next week!! Right behind u sister!

Question

In my interview letter, they also asked for Employer's certification that I've been working for past 5 yrs in a job that requires 2 yr experience, and I'm not the Primary applicant. What do I do? Considering I'm doing my Postdoc and been working only for 7 months on OPT! Although I was a Research Assistant when I was doing my PhD, but that wasn't Full Time.

Please, your thoughts and ideas will be greatly appreciated. Thank you

 

[Lucky2010]

Further advice...

Write them a letter

To: adjudicator(s) in charge
please note the misunderstanding that i am applying for a benefit based on relative petition (I-131); I am in fact applying as a DV lottery winner who is qualified to filed as of October 1st ( site source from the visa bullet in).
Please note the corrections of my application, for which purpose I am enclosing the following:
photocopy of DV lottery NL(do not abbreviate, write them out)
applications (be specific, I-...) correct your mistakes/sign
photocopy of your moneyorders that u originally submitted
List all documents u should have in your enclosure list/include in response

IF they are asking u to submit someother forms- I-131 or whatever- it sounds like they are expecting u to respond and notify them of their mistakes. Did they tell u where to address the forms they are requesting? Do u Know?

Hi all. I have some bad news on my side.

I just received a mail that has my application in it with the NOA.

My application was rejected for the following reason:

it says that:

Based on the information you provided, your priority date could not be established. Please resubmit your application with the proper documentation to the address listed on the bottom of this notice.

The following documents may be provided:
Your original for I-130,(Petition for Alien Relative) if you are filing concurrently; or
Your original Form-I360, (Petition for Ameriasian,Widower) if u are filing concurrently;or
A copy of your form I-797,(Notice of Action) if the petition has already been filed;or
Other evidence that an immigration visa petition has been filed on your behalf


This is what it says. I have no idea about what the problem was. I have a question though. On the form i-485, Part 2- application type, which option should we pick? I believe i made a mistake on that one. I picked option a) which is "An immigration petition giving me an immediately available immigrant visa number that has been approved."

I believe this was the problem. Also My checks are stamped and every single page has the same stamp " AOS 8058** October 27,09 October 29,09 01:52 E1896** 5484*** *"

Please help me with that I am waiting for your replies asap. Thanks

 

[i2009]

Hi Guys,

I'd like to have confirmation that, as an H1-B Visa Holder asking for AOS, we need to provide employment letters, and that kind of document as mentioned in an example cover letter linked earlier in this thread?

Page 5 of the Instructions for I-485 state:


Since when the DV Lottery is an employment-based visa petition? Do we need to provide any employment-related documents with the education documents?

Thanks a lot,

Hello lematt,

Even though this application is not an employment-based petition, I would suggest that you submit an employment letter in case that you could get one. It might make it easier to prove that you will not become a burden for the US.

Good luck

 

[Daima]

Hello lematt,

Even though this application is not an employment-based petition, I would suggest that you submit an employment letter in case that you could get one. It might make it easier to prove that you will not become a burden for the US.

Good luck

I agree, we sent two employment letters (for me and hubby), and we haven't been asked for Affidavit of Support. We'll only take latest Pay stubs to the Interview just in case they ask.

 

[Daima]

I thought that u have an option of either- education qualifications or work experience. Take proof of whatever experience u do have. and explain that as a DV winner- u have met the educational requirement. Right?

My Biometrics are comming up early next week!! Right behind u sister!

I knowww! But they asked for both proofs, for me and hubby, and I am not even the Primary applicant. I guess they just did it that way to give us a chance to pick which you one we want to qualify under. Anyway, we'll just take both.

All the best for your Biometrics!

 

[Daima]

Hi Daima,

Glad to know your biometrics went like a breeze. Did they allow your husband to do it on Nov 6th too? Did you mention to USCIS about the two biometrics appointment? I got two appointments for biometrics too. One for the I-765 and the other one for I-485. What did they say about the two biometric appointments? Thanks.

Hi Cooldude,

Yes, both my husband and I were able to take our Biometrics on Friday, actually I was the one with a later appt (9th). and yes, we showed them both Biometrics letters, but for us, the one from the NBC was for both I-485 & I-765, and the one that came with the interview was from the local office which was for only the I-485. So they used the NBC one, but they stapled both letters.

So take your letters since they are for 2 different apps then they'll use both I think.

Good luck!

 

[cooldude06_78]

Employer Affidavit

That's what i thought too. I have a Master's degree but they want to see my high school degree and two years of experience and want a "Employer Affidavit" saying that the experience in the past five years equals to an occupation for which two years of training or experience is required. I will be taking my degrees but am preparing for the "Employer affidavit". Wondering how the wordings would be framed by the employer! It probably would need to be notarized too!

Good luck to everyone.

I knowww! But they asked for both proofs, for me and hubby, and I am not even the Primary applicant. I guess they just did it that way to give us a chance to pick which you one we want to qualify under. Anyway, we'll just take both.

All the best for your Biometrics!

 

[cooldude06_78]

Hi Daima,

Thanks for the update. I will take both of my biometrics letter and present it to them. I will be going on the 24th too as I have the interview that day. Good luck to you too for the interview.

Hi Cooldude,

Yes, both my husband and I were able to take our Biometrics on Friday, actually I was the one with a later appt (9th). and yes, we showed them both Biometrics letters, but for us, the one from the NBC was for both I-485 & I-765, and the one that came with the interview was from the local office which was for only the I-485. So they used the NBC one, but they stapled both letters.

So take your letters since they are for 2 different apps then they'll use both I think.

Good luck!

 

[bentlebee]

It doesn't need to be notorized...if the person signes the sponsor form it is already legally binded and the person can be sued if the beneficiary is claiming for benefits and the sponsor doesn't pay it back....

The employer needs to write a letter on the companies letterhead and they probably will verify that it is true.

In your case they probably ask for more due you not having any funds...that is my guess.

If you have HS diploma and a master degree and no funding and no income or proof of having worked after you finished your study which you seems to have finished, they wonder how you can live for the next couple of months...

The USCIS has the right to look at evry one as an indiviual and can deny people for any reason, unless they have funds, HS diploma, clean background and country of eligibility, etc...no funds and in their eyes not ebough proof...can be a denial specially in this economy where all around us people are losing their job and stores/companies are laying people off or closing their doors...

With the health care bill one step further the costs will go up even further + the risks for the US to have to pay for some one who can't fund them self...so this health bill is very bad for any one who wants to get here, since they will only get more strict.

 

[i2009]

That's what i thought too. I have a Master's degree but they want to see my high school degree and two years of experience and want a "Employer Affidavit" saying that the experience in the past five years equals to an occupation for which two years of training or experience is required. I will be taking my degrees but am preparing for the "Employer affidavit". Wondering how the wordings would be framed by the employer! It probably would need to be notarized too!

Good luck to everyone.

Hello cooldude,

This is a template of the employment letter that I attached to my application:

<Date>

Department of Homeland Security
U.S. Citizenship and Immigration Services
P.O. Box 805887
Chicago, IL 60680-4120

To Whom It May Concern:

<Name> is currently employed by <Company name> as a <job title>. His employment with <Company name> started in <date when I started> on a full-time permanent basis and will continue on the same terms indefinitely. His compensation package includes a salary of <your salary>.

Sincerely,


<Signature, name, and job title of the Company's representative>

It seems to be important that the letter is in the employer's letterhead and that it states the salary.

I hope this template will help you.

 

[bentlebee]

USCIS might ask for tax returns or pay roll to proof what the employer is stating is true, if the person is already an employee.

 

[hek123]

Write them a letter

To: adjudicator(s) in charge
please note the misunderstanding that i am applying for a benefit based on relative petition (I-131); I am in fact applying as a DV lottery winner who is qualified to filed as of October 1st ( site source from the visa bullet in).
Please note the corrections of my application, for which purpose I am enclosing the following:
photocopy of DV lottery NL(do not abbreviate, write them out)
applications (be specific, I-...) correct your mistakes/sign
photocopy of your moneyorders that u originally submitted
List all documents u should have in your enclosure list/include in response

IF they are asking u to submit someother forms- I-131 or whatever- it sounds like they are expecting u to respond and notify them of their mistakes. Did they tell u where to address the forms they are requesting? Do u Know?

I am sorry to respond late, i was busy over the weekend. The thing is they want me to resubmit my documents to the Chicago Lockbox adress again. which means, some other officer will receive the application and treat it as a new application. This is why we thought it would be better if I prepare a new application and send it again. I am also not sure about the time that it would take if i try to make corrections on it. Last time i sent it to dearborn adress with overnight this time i ll try the regular adress with regular mail. I really appreciate your help. I believe it would take less time if i resubmit. What do you think ?

 

[cooldude06_78]

Hi bentlebee,

I think you misunderstood my concern. I was talking about work experience affidavit. Not the affidavit of sponsor. When you apply for the DV lottery, you need to have at least a high school degree and a two year experience or some higher degree and then you don't need to show experience. My concern was that I do have a higher degree and also have experience, but i didn't expect to be asked for the experience verification as I have a higher degree! Anyways, since USCIS does not have a specific form for the employer to attest regarding the experience, i was wondering if it needs to be notarized.

It doesn't need to be notorized...if the person signes the sponsor form it is already legally binded and the person can be sued if the beneficiary is claiming for benefits and the sponsor doesn't pay it back....

The employer needs to write a letter on the companies letterhead and they probably will verify that it is true.

In your case they probably ask for more due you not having any funds...that is my guess.

If you have HS diploma and a master degree and no funding and no income or proof of having worked after you finished your study which you seems to have finished, they wonder how you can live for the next couple of months...

The USCIS has the right to look at evry one as an indiviual and can deny people for any reason, unless they have funds, HS diploma, clean background and country of eligibility, etc...no funds and in their eyes not ebough proof...can be a denial specially in this economy where all around us people are losing their job and stores/companies are laying people off or closing their doors...

With the health care bill one step further the costs will go up even further + the risks for the US to have to pay for some one who can't fund them self...so this health bill is very bad for any one who wants to get here, since they will only get more strict.