DV 2010 AOS Only

[simple man]

First of all, many thanks to all you guys who took time and conviction to reply to my post, I really appreciate it. Now, all what you said makes sense and we all try to do things that make sense to us.That's being said, as this is not completely clear to all IO who interpret the law, results might be surprising and sometimes hurting our interest by the end...So all of you decide to tell the school only once you have the green card in hand, right ?

Right. I am planning to inform them once I have everything in my hand.

 

[simple man]

Hey guys

WATCH OUT!!!!!! THOSE WHO LIVE HERE ILLEGALLY OR THOSE UNDER VISA THAT HAVE HAVE BEEN WORKING WITHOUT AUTHORIZATION..YOU ARE ALL AT RISK.
YES YOU RECEIVED YOUR EAD'S, COOL!! BUT THIS IS A TRAP TO GET YOUR A.S.S.
AT THE INTERVIEW YOU WILL GET A NOTICE THAT SAYS TO LEAVE THE US WITHIN 6 MONTHS. I HAVE HEARD THEY DID THAT TO SOME GUY. FIRST HE WAS EXCITED TO GET HIS EAD BUT AT THE END DISSAPOINTED FOR GETTING DENIED AND ASKED TO GO BACK HOME FOR ANOTHER REENTRY, WHICH IS FALSE. THEY WILL NEVER LET YOU COME IN ANYMORE. ANYWAY THIS GUY DIDNT GO BACK, INSTEAD HE GOT MARRIED AND HAD AN ATTORNEY TO HELP HIS CASE AND FINALLY GOT HIS PAPERS. SO YOU GUYS WHO KNOW YOU WORKED WITHOUT AUTHORIZATION OR STAYING HERE ILLEGALLY SHOULD BE CAREFUL. BETTER GET AN ATTORNEY TO HELP YA FILE YA CASE. I AM ON F1 VISA TOO, I WORKED ILLEGALLY BUT I AM NOT GOING TO RUSH AND GET MY PACKAGE SENT..ON MY WAY TO FIND AN ATTORNEY TO HELP ME. ANYWAY GOOD LUCK EVERYBODY

Good luck to you. I hope you will find a good lawyer and your case is approved without any problems.

 

[cooldude06_78]

First of all, many thanks to all you guys who took time and conviction to reply to my post, I really appreciate it. Now, all what you said makes sense and we all try to do things that make sense to us.That's being said, as this is not completely clear to all IO who interpret the law, results might be surprising and sometimes hurting our interest by the end...So all of you decide to tell the school only once you have the green card in hand, right ?

That is exactly right. Tell the school after you have the green card in hand.

 

[cooldude06_78]

Hey guys

WATCH OUT!!!!!! THOSE WHO LIVE HERE ILLEGALLY OR THOSE UNDER VISA THAT HAVE HAVE BEEN WORKING WITHOUT AUTHORIZATION..YOU ARE ALL AT RISK.
YES YOU RECEIVED YOUR EAD'S, COOL!! BUT THIS IS A TRAP TO GET YOUR A.S.S.
AT THE INTERVIEW YOU WILL GET A NOTICE THAT SAYS TO LEAVE THE US WITHIN 6 MONTHS. I HAVE HEARD THEY DID THAT TO SOME GUY. FIRST HE WAS EXCITED TO GET HIS EAD BUT AT THE END DISSAPOINTED FOR GETTING DENIED AND ASKED TO GO BACK HOME FOR ANOTHER REENTRY, WHICH IS FALSE. THEY WILL NEVER LET YOU COME IN ANYMORE. ANYWAY THIS GUY DIDNT GO BACK, INSTEAD HE GOT MARRIED AND HAD AN ATTORNEY TO HELP HIS CASE AND FINALLY GOT HIS PAPERS. SO YOU GUYS WHO KNOW YOU WORKED WITHOUT AUTHORIZATION OR STAYING HERE ILLEGALLY SHOULD BE CAREFUL. BETTER GET AN ATTORNEY TO HELP YA FILE YA CASE. I AM ON F1 VISA TOO, I WORKED ILLEGALLY BUT I AM NOT GOING TO RUSH AND GET MY PACKAGE SENT..ON MY WAY TO FIND AN ATTORNEY TO HELP ME. ANYWAY GOOD LUCK EVERYBODY

Good luck. I know others on the forum have the same concern. All the best to everyone. Hope you find all find good lawyers and are successful in the process of getting your GC.

 

[bianfid]

Well i never filled a tax return yet..and i work less than 20 hours a week. I will get approved i am sure.

 

[cooldude06_78]

Well i never filled a tax return yet..and i work less than 20 hours a week. I will get approved i am sure.

As far as the employer did not give you a W2 form indicating payment for working off-campus, you should be fine. I know people have worked on cash, so they are fine ... till of course the work places are checked for documentation and it is found that someone is working while unauthorized.

 

[i2009]

I just received the EAD's both for me and my spouse.
So does that mean that we can go ahead and work using that card? What's the process?
I know once you have the green card in hand you don't need the EAD.
Have anyone used their EAD obtained by doing AOS?

Hello simple man,

Congratulations. I assume that you and your wife have a SSN. If you are planning on working with your new EADs you need to go to the Social Security Office and register your new EAD. You may also need to go to the DMV and update your driver license.

 

[i2009]

Hello Colddude, thanks very much for your reply...I asked this because I just run on an earlier post in this forum that we should not use the EAD while the AOS is pending...but if the your green card got approved, it is useful anyway....

Hello happy2010,

The purpose of the EAD is that you can work while waiting for the GC. There are some issues though; for example, if you use your EAD you may abandon your current status and, If your GC is rejected, then you can't continue to work until you reinstate your GC process or you regain your previous status.

Also, if you are on EAD you can't travel without the Advance Parole while waiting for the GC.

Once you get your GC, you don't need the EAD nor the Advance Parole.

Does it make sense?

 

[i2009]

Well let's take it this way. If we were not supposed to work while AOS is pending then USCIS would not have approved our EAD and they would not send us the card. But since they have approved it and sent it to us already we should be fine using it. And as I mentioned earlier there is no terms and conditions on that card. It just does not say anything so my guess is we are fine. Moreover approval of EAD means that your GC will be approved soon too. So I think it's just a way of saying you will be getting your green card soon but till then just use the EAD if you need to work. This is my understanding of the whole process.

Hello simple man,

I don't agree that your GC will be approved soon because the EAD was approved. My EAD was approved about 5 years ago, on my employment-based AOS, and I still am waiting before I could get my GC based on that petition.

I did not use my EAD because I don't want to lose my H1B status. I am using it as a backup in case I want to change jobs.

 

[i2009]

Hi Happy2010,

I have put your comments in quotations and answered them. Hopefully there are cleared.

"On one hand, if a F1 visa holder can not work with an EAD card granted while his AOS is pending, so why the card was approved and sended ?"
The moment you file for AOS, and the application is pending, by USCIS standard you are legal but not F1. So yes, you can use EAD to work even if you didn't have your interview but have the EAD.

"on the other hand, as the AOS petition is pending, the petitioner is still on the F1 visa status, therefore , as from his so-called F1 visa status, he is not allowed to work.(except from on campus)."
If AOS is pending, then you are not on F1. But if you have EAD, then working on-campus or off-campus both are legal. The only difference is you might not have to use the EAD for on campus, as you were already authorized by INS to work on campus as F1. But when you want to work off-campus, then all the paper work would have to be done based on the EAD.

Now people usually have the concern if the application for some reason is denied what happens. I read somewhere that in the time when the application is still pending, if you stay on F1 rules (i.e. take full load of classes and work on-campus for up to 20 hrs a week) you do not invalidate your F1 status and would go back to it. The only concern would be if you traveled outside US as the IO at the entry port could refuse entry on F1 as you had shown intent to stay. But if you stay in the US, it shouldn't cause any problems!

Hello cooldude06_78,

I disagree, if you applied for your AOS you still keep your previous status unless you abandon it. One way of abandoning your current status is using your EAD.

In my case, I have another AOS pending but I keep my H1B status because I decided not to use my EAD. My wife abandoned her H4 because she used her EAD. When I travel, I use my H1B visa to reenter as opposed to my wife that needs to show her AP instead.

 

[simple man]

Hello simple man,

I don't agree that your GC will be approved soon because the EAD was approved. My EAD was approved about 5 years ago, on my employment-based AOS, and I still am waiting before I could get my GC based on that petition.

I did not use my EAD because I don't want to lose my H1B status. I am using it as a backup in case I want to change jobs.

Well I was referring to AOS based on our DV cases. I am aware that employment based AOS is a very long process.
So are you guys saying that if I use my current EAD then I will lose my F1 status? So are you guys suggesting not to use my EAD while AOS is pending. I also have my AP approved and they sent me 2 copies of it.
I was thinking of finding work off-campus ASAP. Suggestions needed...

 

[cooldude06_78]

Hello cooldude06_78,

I disagree, if you applied for your AOS you still keep your previous status unless you abandon it. One way of abandoning your current status is using your EAD.

In my case, I have another AOS pending but I keep my H1B status because I decided not to use my EAD. My wife abandoned her H4 because she used her EAD. When I travel, I use my H1B visa to reenter as opposed to my wife that needs to show her AP instead.

Hi i2009,

I guess i was trying to say the same thing but you just said it more clearly. Thanks.

 

[i2009]

Well I was referring to AOS based on our DV cases. I am aware that employment based AOS is a very long process.
So are you guys saying that if I use my current EAD then I will lose my F1 status? So are you guys suggesting not to use my EAD while AOS is pending. I also have my AP approved and they sent me 2 copies of it.
I was thinking of finding work off-campus ASAP. Suggestions needed...

Hello simple man,

I understand what you mean by DV vs EB Adjustment of Status but the EAD does not guarantee that the GC will be granted.

I'm sorry but I am not very familiar with F1 visas. It seems that there are some confusions of where the F1 visa is valid even after applying for the AOS. Below are a couple of links that could help:

http://www.murthy.com/news/n_f1saos.html
http://en.allexperts.com/q/Immigration-Issues-344/2008/7/EAD-F1-AP-1.htm

They usually send 2 copies of the AP. You need to travel with both of them. The IO will stamp one and "usually" will keep the other one.

Good luck! Your GC should be arriving soon!

 

[cooldude06_78]

Well I was referring to AOS based on our DV cases. I am aware that employment based AOS is a very long process.
So are you guys saying that if I use my current EAD then I will lose my F1 status? So are you guys suggesting not to use my EAD while AOS is pending. I also have my AP approved and they sent me 2 copies of it.
I was thinking of finding work off-campus ASAP. Suggestions needed...

It is best not to use it if you have that ability. i2009 is correct that by using the EAD, you do abandon the F1 status. That doesn't mean you don't search for jobs, just don't use the EAD. Hopefully by the time you find an employment you would have the GC as you had a successful interview. All the best.

 

[Daima]

Hi guys,

Sorry I haven't been around. We've been busy moving and internet wasn't yet connected. But I've been reading all the posts thru my phone, hard to reply on the handheld all the time.

Anyway, Congratulations to all the EADs received..Simpleman, Blue, Agentsmith and all others.

Cooldude, Congrats on EAD production. I am glad that KCC sent your file already, I also called them this morning and they said our file was sent on Nov 24th (interview day), so I'm happy about that too.

Well, I'm back now...so will be around as usual!

 

[Daima]

It is best not to use it if you have that ability. i2009 is correct that by using the EAD, you do abandon the F1 status. That doesn't mean you don't search for jobs, just don't use the EAD. Hopefully by the time you find an employment you would have the GC as you had a successful interview. All the best.

I think for people who have had their interviews and got verbal approval, using the EAD is fine. Because I'm on OPT which is expiring in Jan, and I asked the officer when I'll get my EAD and if I can use because the current one is expring soon, and he said yes..and added that I won't need it for long because I'll have my GC by then.

But if you haven't had your interview yet, then I guess don't risk jeopardizing your current status.

 

[cooldude06_78]

Hi guys,

Sorry I haven't been around. We've been busy moving and internet wasn't yet connected. But I've been reading all the posts thru my phone, hard to reply on the handheld all the time.

Anyway, Congratulations to all the EADs received..Simpleman, Blue, Agentsmith and all others.

Cooldude, Congrats on EAD production. I am glad that KCC sent your file already, I also called them this morning and they said our file was sent on Nov 24th (interview day), so I'm happy about that too.

Well, I'm back now...so will be around as usual!

Welcome back Daima. I assumed you were out of town for thanksgiving as you didn't post. Thanks for the congrats on the EAD CPO and I am happy that both of our files were requested on the 24th of Nov. Hope and praying for a speedy and successful response for all of us.

I don't think there is anyone with interviews this week! Good luck to everyone preparing for their interviews. All the best.

 

[simple man]

Have you heard?

I am assuming that AOS under DV category is a sure shot as long as you have all the documents with you. CP is different cos they may deny you for no reason.
Have anyone heard of AOS being denied in this DV category.
I have skimmed through this forum for the past few years and I think there have been cases where AOS was approved even though the applicants were out of status or worked unauthorized.
In most of our cases all of us have all the papers and we are in a strong position. But I was just wondering if any one has heard of any AOS cases in the last few years and that were denied. I know very few choose AOS but have you heard of any denials?

 

[cooldude06_78]

I am assuming that AOS under DV category is a sure shot as long as you have all the documents with you. CP is different cos they may deny you for no reason.
Have anyone heard of AOS being denied in this DV category.
I have skimmed through this forum for the past few years and I think there have been cases where AOS was approved even though the applicants were out of status or worked unauthorized.
In most of our cases all of us have all the papers and we are in a strong position. But I was just wondering if any one has heard of any AOS cases in the last few years and that were denied. I know very few choose AOS but have you heard of any denials?

As long as you have all documents and everything goes right you should get the GC. Some people were not denied but their cases delayed due to one reason or another and the time expired to do get the GC. And then by default were denied due to expiration of available visas. Some reasons include: Name check or fingerprint background check problems, file getting lost (that happens too!), etc. Well I hope in our cases everything goes right. May God help us all and make us successful. Amen.

 

[ewokra]

DSP-122 Question 4

Hi all. I am going to send my DSP-122 file to KCC again to update my file. I am changing my process from CP to AOS. But, i don't know what should i write for question 4 in DSP-122? Which is where do you want to do your application.

-should i just write BCIS
-should i write Boston BCIS and adress.

I don't know what to write.
What did you write? anyone from Massachusetts or any other state.