DV 2011 AOS Only

[baobab]

Hi Baobab,

many thanks for your helpful reply. I have applied for H1-B visa which is dual intent. after reading your link I have found that there is not mentioned H1-B visa for this rule,

If a person enters the United States in certain nonimmigrant (temporary) visa categories with the obvious intention of applying for immigrant (permanent) status, their adjustment of status (AOS) application can be denied by the USCIS in the exercise of discretion. The nonimmigrant visa categories that can never intend to acquire permanent status are B-1/B-2 Visitors, F-1 Students, J-1 Exchange Visitors, Q Cultural Exchange Visitors, TN Visitors or Visa Waiver Visitors. Applicants for AOS must not only prove to the USCIS that they have been "in status" at all times that they have been in the United States since 1987, but also that they have not acted in bad faith for their latest entry. The USCIS has adopted the "30/60 Rule” used by the Dept. of State’s Foreign Affairs Manual (9 FAM 40.63 n4) when examining events that occur shortly after entry.

it just said that these certain temporary visa are not able to change quickly: B-1/B-2 Visitors, F-1 Students, J-1 Exchange Visitors, Q Cultural Exchange Visitors, TN Visitors or Visa Waiver Visitors,

do you have any idea or do you know someone changing from H1-B visa(dual intend) to AOS.

many thanks for your helpful link.

There are many members adjusting status from an H1B visa, myself included. But I do not know of anybody who applied for an H1B visa just to get into US to do AOS for a DV case. I know of people who were thinking of applying for B2 for this purpose (highly unrecommended). H1B is much harder to get, you need a company to sponsor you. I am surprised that you found such a company on a short notice. But this is besides the point.

I think H1B may actually not fall under the 30/60 day rule.
As stated before, the actual provision is in the Foreign Affairs Manual (FAM) (9 FAM 40.63), starting at page 6. An interesting read if you have the time.

In section N4.8 Evidence of Violation of status it states:

To find an alien inadmissible under INA 212(a)(6)(C)(i), there must be evidence that, at the time of the visa application or entry into the United States, the alien stated orally or in writing to a consular or immigration officer that the purpose of the visit to the United States was other than to work or remain indefinitely. Ordinarily, such evidence would be in the form of an admission, from information taken from the alien's nonimmigrant visa (NIV) application, or a report by an immigration officer that the alien made such a statement (e.g., as would be found on the DHS Form I-275, Withdrawal of Application/Consular Notification). Additionally, all findings of inadmissibility under the 30/60-day guidelines described in 9 FAM 40.63 N4.7-1 through 9 FAM 40.63 N4.7-4 would require the Department's concurrence following submission of an advisory opinion (AO) request.

Obviously, with an H1B visa the purpose of the visit is to work. My interpretation is that you are clear of this provision, but I am not a lawyer.
Also, keep in mind that AOS is not without risks. The IO has discretion to deny an application. You can appeal, but that takes time and DV cases are time sensitive. I am not trying to discourage you from doing AOS if you can get the H1B visa, just informing you that there are risks with AOS as well.

The highest risk for you may be the name check because you come from Iran. But you would have a high risk of administrative processing (AP) if you go with CP as well. Just look at what is happening with your H1B visa application. Your case number is fairly high, so you may be current only in September. With CP, AP would start after the interview (the month that you are current). With AOS, the name check is done before you are called for an interview. You can submit the application about 50 days in advance, but the name check occurs after you go for biometrics. DV cases are handled faster at the end of the fiscal year, but it is still an unknown how long it can take. Maybe it will help that they are doing this background check on you for the H1B visa earlier.

 

[hmouse]

Baobab,

thanks for your links and help. the reason I am trying to go for H1-B visa to AOS as you said is AP after interview. the other reason is to get no problem to re-entry to US, since Iranian will get just single entry H1B visa for 3 months and in case of emergency if I leave US there is no guarantee to get another H1B visa,

I have another question, Do I need to call KCC to change my CP to AOS when I arrive to US and do I need to send forms and photo again?

Thanks

 

[khayat]

Hmouse,

Considering your situation, I would wait to actually get the visa and arrive in the US before calling KCC and changing the intention.
You will need to send the AOS fee of 440$ to DOS and it is better to also call KCC and send the DSP-122 with new information.

You need to either have a visa issued to you in the consulate abroad (which is after administrative processing) or have one issued here after approval of I-485, before the end of FY.

For the rest I completely agree with Baobab, he is one of our most knowledgeable guys in this forum

Baobab,

thanks for your links and help. the reason I am trying to go for H1-B visa to AOS as you said is AP after interview. the other reason is to get no problem to re-entry to US, since Iranian will get just single entry H1B visa for 3 months and in case of emergency if I leave US there is no guarantee to get another H1B visa,

I have another question, Do I need to call KCC to change my CP to AOS when I arrive to US and do I need to send forms and photo again?

Thanks

 

[hmouse]

Hi Khayat,

Do my wife and my daughter also need to pay 440$ as well?

thanks

 

[khayat]

yes, 440$ for every single person adjusting status.

Hi Khayat,

Do my wife and my daughter also need to pay 440$ as well?

thanks

 

[natta]

Hey Hmouse, I think you are really complicating yourself here with the H1b visa. What about your wife and daughter are they coming in the US as well? on what kind of visa? So you said you might get the H1B visa in february or march and come to the US, but you said it is only for 3 months, than how are you going to stay in US till you start the AOS process which will probably be in July the earliest? From what I understood you want to do AOS in order to not get stuck in the Administrative Processing, but doing AOS you can get stuck in the background check and go over the September 30th deadline and with an expired H1B visa. I would suggest you think over and over again before coming here and applying for AOS instead of CP, which I think in your case is safer.

 

[natta]

Few more days before the interview on Wednesday and I am already so nervous.
I wish Armanio and Chenhyttail good luck on their interviews tommorow and tuesday and js7 the same day as me.
Hope God is with us in such an important day for us.

 

[fenixco]

im dv2011 selecte but i didnt recevied letter How i can learn my case number Dont give me kcc my case number Can u help me ?

 

[feel]

Did you send Form DSP-122 and 2 passport photos to KCC? I am assuming you are in US. If yes, they will mail you the second notification letter by mail at an address you mentioned at #3. Good luck!

im dv2011 selecte but i didnt recevied letter How i can learn my case number Dont give me kcc my case number Can u help me ?

 

[baobab]

For the rest I completely agree with Baobab, he is one of our most knowledgeable guys in this forum

Wow, thanks Khayat, but I think there are a number of people who know at least as much in here. It is easy to test the limits of my knowledge, I just avoid answering questions where I am very unsure of the answer.
I think it is more how much willingness you have to answer questions and how much time you can dedicate for this. Luckily, we have many people who are willing to help. I am not going to name names because I am likely to forget somebody.

Hey Hmouse, I think you are really complicating yourself here with the H1b visa. What about your wife and daughter are they coming in the US as well? on what kind of visa? So you said you might get the H1B visa in february or march and come to the US, but you said it is only for 3 months, than how are you going to stay in US till you start the AOS process which will probably be in July the earliest? From what I understood you want to do AOS in order to not get stuck in the Administrative Processing, but doing AOS you can get stuck in the background check and go over the September 30th deadline and with an expired H1B visa. I would suggest you think over and over again before coming here and applying for AOS instead of CP, which I think in your case is safer.

I am not going to comment on the appropriateness of going through AOS instead of CP, because that's a judgement that only hmouse can make for himself, and as you said, both have risks for him. This is not a comment to what you said, but let's just say that not everybody born in a country thinks along the lines of the leadership of that country. However, they have to suffer these more stringent background checks and restrictive visas, for better or worse. I am sure there are people who would like to harm US, others just want to make a better life for themselves like the rest of us. I think Iran is fairly secular compared to other countries in the region, and I think that their citizens pose a much lower risk than some other countries (that I am not going to name).

To answer your valid concerns, there are H4 visas for dependents of H1B, and there is a difference between valid visa stamp and valid status. Status is given by the I-94 and he can get his I-94 dated with the date on his H1B petition (usually 3 years).

 

[hmouse]

Hey Baobab, Khayat,Natta,


thanks for your reply and time also is appreciated.

My H1-B visa is valid till January2014, but the problem is visa, six country can not get multi entry visa, what they get is 3 months single entry visa and that means we will be able to come to US within these 3 months, there would not be any problem for us to stay in US for 3 years. but as it is single entry visa, it means if we go out of US for vacation or anything else, we need to apply for entry visa again,

My case is around 35000 do you have any idea when it will be current( AS20110035xxx), my friend is from Iran as well, he has case number around 30,000 and he said he will be current in June or July is it true? he said that current procedure for Asia 2011 is similar to Europe in 2010? Is it true that he will be current in June or July?

there are a forum in Persian language for Iranian people, according to registration, about 35% of people have case number more than 30000. are you sure that my case will be current in August or September? what about my friend who has 30xxx?


thanks

 

[js7]

@ hmouse

for an estimate go to the following link and review the previous visa bulletin (i.e. 2009 and 2010). I think you'll become current (on best scenario) on August. so I really think that 2 months for AOS is very limited and full of stress. I am not sure about CP but I GUESS that in CP if you do your interview at counselor, then you're done and you'll need to wait to get your permanent visa to come to US.
about the time for clearances, first of all it depends on the country from which you're asking for US visa which in your case is England. so my suggestion is that you find out what's the average time for clearance for those who apply from England (only those from six countries). by the way you have an estimate as you got your H1B. so you must definitely know about that.

http://www.travel.state.gov/visa/bulletin/bulletin_1770.html

 

[nncu]

Case update: We received our interview letters! It's good to know the cold hasn't slowed the MN field office to a halt. We have received the the standard list of documents to bring, with items 1 and 2 pertaining to our case (1. Tax returns, w-2s, employment lett, recent pay stub, I-864 aos; and 2. copy of state-issued IDs), and items 3-6 for marriage-based adjustment (3. joint ownership docs, 4. commingling financial resources, 5. birth certs of children, and 6. other evidence of a bona fide relationship), which do not apply.

Regarding the affidavit of support (aos), we have submitted the other form (I-134) with our package so we will naturally have that with us, but I can see the point raised here that if the document they asked for is I-864, then it would be good to have that one for the interview to not make it a point of contention. I am still thinking about it, because it seems like a pain to put the document together (especially for the sponsor), but on the other hand it would comply with the USCIS request. Of course the aos is not mandatory but what if the other financial documents do not convince the officer of financial stability? Any thoughts?

 

[baobab]

Congratulations nncu. You were waiting for a long time for this letter.

Regarding the list of documents, why do you think I-864 applies to you? In the instructions it says that it is required only for family based AOS and some employment based applications. For the other cases, I-134 is enough.
It is your decision if you want to get a I-864, but you do not need it.

 

[baobab]

My case is around 35000 do you have any idea when it will be current( AS20110035xxx), my friend is from Iran as well, he has case number around 30,000 and he said he will be current in June or July is it true? he said that current procedure for Asia 2011 is similar to Europe in 2010? Is it true that he will be current in June or July?

Hmouse, nobody knows when it will be current. All these time frames are just supposition. Your friend's case could be current in June, or it could be current in September. We have no idea how the case numbers will advance.

 

[nncu]

Thanks, I HAVE been waiting for a while!

In the instruction letter, the I-864 is listed under request item 1, so applies to all applicants. I'll have to read the 864 instructions and decide how to go about it. By the way, I'm still not sure where it says that 134 is the aos form to be used in case of DV cases.

Happy New Year!

Congratulations nncu. You were waiting for a long time for this letter.

Regarding the list of documents, why do you think I-864 applies to you? In the instructions it says that it is required only for family based AOS and some employment based applications. For the other cases, I-134 is enough.
It is your decision if you want to get a I-864, but you do not need it.

 

[baobab]

In the instruction letter, the I-864 is listed under request item 1, so applies to all applicants. I'll have to read the 864 instructions and decide how to go about it.

My letter does not include any list of documents, so I do not know how that list is worded. Does it actually say that item 1 applies to everybody?
We have many F1 applicants that do not have another job/income. So how do w2, employment letter, pay stubs apply to them? That list is very generic, it is not customized for DV cases, so it includes everything.

By the way, I'm still not sure where it says that 134 is the aos form to be used in case of DV cases.

Happy New Year!

Happy new year to you too.

Now let's get to business. From the instructions for I-864:

What Is the Purpose of This Form?

This form is required for most family-based immigrants and some employment-based immigrants to show that they have adequate means of financial support and that they are not likely to become a public charge.

And instructions for I-134:

What Is the Purpose of This Form?

Section 212(a)(4) of the Immigration and Nationality Act (the Act) bars the admission into the United States any alien who, in the opinion of the U.S. Department of State officer adjudicating a visa application, a Department of Homeland Security officer, or an immigration judge adjudicating an application for admission, is likely at any time to become a public charge.
For aliens seeking admission or adjustment as permanent residents as immediate relatives, family-based immigrants, and certain employment based immigrants, as specified in sections 212(a)(4)(C) and 213A of the Act and 8 CFR Part 213a, the petitioning relative must file Form I-864.
Form I-134 may be used in any case in which you are inadmissible on public charge grounds, but in which you are not required to have Form I-864 filed on his or her behalf. Section 213 of the Act (not section 213A) permits the admission of an alien who is inadmissible on public charge grounds, in the discretion of the Secretary of Homeland Security (or, for immigration judge cases, the discretion of the Attorney General) upon the posting of a bond or other undertaking (method). Form I-134, is the “undertaking” prescribed in section 213 of the Act.

Do not use Form I-134 if the alien whom you are sponsoring is required to have Form I-864 instead.

DV is not family based or employment based so I-864 is not required.
However, a DV application can be denied based on public charge grounds, so you can use an I-134 AOS as proof of financial support.

 

[fenixco]

dont i learn with another way i just in turkey , i sent my forms 15 agust but dont have a information for my case

 

[sundaram]

Good luck to Armanio, Chenthittayil, natta, js7,tahoe and baobab for their upcoming interview this week. All the very best.........

 

[lisa6]

Ok, we are in 2011 and I still did not get an interview letter.

I called USCIS today and was told that my FO-Newark is still processing applications from July 2010. I was also told that it doesn't matter if it's DV Lottery case or any other case and I need to wait until they process all other apps starting July. My FO got my case only in Nov'23.

It feels like it's purposely delayed or something.