Hi all, i have been reading the threads for a while. I have a few questions. I am a H1B worker in the united states. I got the NL from KCC few weeks ago. My questions are:
1- My understanding is that i should do adjustment of status. The letter from KCC says contact USCIS to confirm if you are eligible. I called their 1-800 number, i cant reach a live person. Since i am already in the states with an H1b, i should be eligible for AOS correct?
2- I will send DS122 and barcode to KCC. I will send $375 to DOS. I just cant figure out what the next step is? Will KCC or DOS will let USCIS know that i am applying for AOS. Will USCIS will directly contact me?
3- It says apply for AOS when visa number is current. My number is EU10xxx. based on archives, this gets current at around november-december. At that point, do i fill and send I-485 along with fees directly to USCIS. Do i have to wait for their confirmation first?
I would really appreciate if someone could help with the next stages as i am really lost at that point and definitely dont want to do a mistake. JLaw, your case sounds pretty similar to mine ( i am also actually applying EB3 through my company, but it takes forever. I am only on the first stage yet).
Thanks all!
Hello,
I am in the same situation as you. I'm also currently on an H1 visa in the States. You could choose AOS or CP. CP would require you to go back to your home country, while AOS allows you to change your status to permanent resident while residing in the States. Once you have a valid H1 status you should be able to do AOS. I opted for AOS.
This was what I did:
First step:
Call USCIS to see whether you are eligibile to apply for AOS. Since you have a valid H1 status it should not be a problem. I've called USCIS several times, sometimes it takes a few tries to get someone who is knowledgable on the subject.
After you call the 1-800 number for USICS choose the option *1. That would connect you directly to a person. Then explian you're a DV winner trying to find out if you are eligible to apply for AOS
Second:
Fill out the forms Department of State sent you DS230 and Ds122 with picture ID and mail back to KCC DOS ASAP. I've read several post that said you only need to mail in the DS 122 form. I was just following the instructions I got with my packet so I mailed both with the bar code.
On the DS122 form section 4 indicate BCIS. This lets the department of state know that you would be filing AOS.
Third:
Fill out the AOS DV fee form included in the packet sent to you with DV fee $375 and mail to the adddress indicated along with a self addressed stamped envelope. This is the DV processing fee. (I have seen people do this step after they receive notice from KCCC that they have recieved their application indicating AOS, the timing is up to you).
They would then send you back the form you sent for DV fee stamped paid. Keep this form, you will need it for your interview.
KCC is now out of the picture USCIS is taking over your case.
Fourth:
Request AOS packet from USCIS with all forms or you could download them from online. Fees ($930 application fee + $80 biometrics fee)
Fifth:
Start getting your documents for the interview & AOS together. The medical exam is valid for one year. A list of accepted general surgeons is available on the USCIS website. The medical examiner would complete the I693 form, seal in in an evelope and give it to you. This is part of the AOS application.
Med exam fee could range anywhere from $150-$200 or more, depends on where you go.
Sixth:
Once you complete the AOS applicaion. Mail to the respective USCIS office once your case number is current (several posts indicate that you could do this step 2 mths in advance, I called USCIS and they said that sending your app before your case is current could result in your application being sent back to you or denial, so it's a risk you may not want to take). You could check case status on the department of state website, click visa menu on the home page then ckick visa bulletin on the left navigation bar. If your case number is lower than the number posted on the bulletin for your region, then your case is current. Once your case is current, mail the AOS. FYI case numbers for DV 2010 only available starting October of this year. i.e. the bulletin info you see now is for DV 2009 winners.
USCIS would then send you further instuctions for fingerprinting and date of interview.
Hope this helps. I am not an immigration lawyer or anything. This is just the info I have learnt so far. Thought I'd share. Good luck!
Update
4/16/2009: NL from KCC 2010SA0000000X
4/21/2009: Sent DS230 + DS122 + barcode + pics to KCC (from reading the blogs I think I was only supposed to sent the DS122)
4/24/2009: Mailed $375 DV fee to DOS (I've seen some people have done this step much later in the process)
5/4/2009: Received payment confirmation slip from DOS
5/14/2009: Received letter from DOS acknowledging my filing AOS
In process of gathering docs for I485 and immunization records