I was and I still am confused with the whole appropriate “filing date” issue. This is a quote from USCIS November 2008 pamphlet:
“The Chicago Lockbox accepts all Diversity Visa filings within the fiscal year for which the applicant has been selected. For example, the I-485 for an applicant with an FY 2008 selection letter that filed now(March 2008) would be accepted assuming all filing requirements, including submission of the appropriate fee and a completed signature were included. “
And another one:
“The Department of State advised USCIS that each month it would provide the cut-off numbers for the Diversity Immigrant category 90 days in advance. This advance notice is being provided to allow USCIS additional time to process the background checks for DV applicants. USCIS will not accept adjustment of status applications until the beginning of the DV program year on October 1. Applications for adjustment of status filed under the DV program may be accepted for processing any time during the 90-day period preceding the cut-off date provided in the Visa Bulletin.”
So being a shrewd future permanent resident I called about 10 times (about 5 hours in total) the USCIS help desk and spoke with at least 10 different agents and managers. I was firmly assured that on OCTOBER 1st I can submit my papers regardless of the CN. Also one of my friends won last year and sent his papers 5 month before his visa number to become current. He was fine, no problems.
I know they suggest you to file no later then 90-days preceding your cut-off date (it is on their recorded phone massage even). So since my visa number would be current late December by default I should be able to apply now. Anyway, I sent everything I hope I will be OK. Any comments would be appreciated.