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DV 2011 AOS Only

hi all,

I am at austin and asked the international office about my situation (I'm curently on F1) when applying for Dv. They told me that they had similar cases before and if you're rejected you will be again on F1 status (they said this situation only holds for DV cases). they said that you do not need to inform us about filing i-485, and just after getting a GC you can apply for update of status.
 
hi again,

As far as I know the law says as long as you are legally in US you can apply for DV. I sent an email to KCC before I applied for DV and they said it does not matter what kind of visa you are on, as long as you have not violated the law you can apply for DV lottery.
 
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js7 said:
hi again,

the law says as long as your legally in US you can apply for DV. I think that these words are due to lawyers who want to get money from people as I remember one who wanted to persuade me that I'll be in trouble otherwise. I sent an email to KCC before I applied for GC and they said it does not matter what kind of visa you are on, as long as you have not violated the law you can apply for DV lottery. except for F1 there are other visas like B1 B2 which are also non-imigrant intent and I have not heard yet those to be in trouble in getting GC.
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Wow, thanks js7 !!! That's a pretty good news ^^
Are you a DV winner too?
I will try to meet with my International Office and see what they will say..
But thanks for your info !!
 
Hi,

I have a question about sending the photos that many people included with their DSP-122 and DSP-230 forms. Since for AOS, no DSP-230 is needed as the KCC explained to me, should I have sent the photos as well?

I cannot remember seeing any requirements in the NL1 or online asking about sending the photos to KCC. As far as I know, the photos are required during the I-485 stage or maybe I am missing something here. Can someone explain?

Thanks!!
 
Dear Lucidreamer,

I really don't know the logistics behind sending 2 pics to KCC when doing AOS. However, when I called to ask them what to send for AOS, they clearly told me that the 2 pics are necessary. You also need to send them again during the I485 stage. I also notice that some other forum members got the same inforamtion from KCC.
LuciDreamer said:
Hi,

I have a question about sending the photos that many people included with their DSP-122 and DSP-230 forms. Since for AOS, no DSP-230 is needed as the KCC explained to me, should I have sent the photos as well?

I cannot remember seeing any requirements in the NL1 or online asking about sending the photos to KCC. As far as I know, the photos are required during the I-485 stage or maybe I am missing something here. Can someone explain?

Thanks!!
Click to expand...
 
R2010 said:
Dear Lucidreamer,

I really don't know the logistics behind sending 2 pics to KCC when doing AOS. However, when I called to ask them what to send for AOS, they clearly told me that the 2 pics are necessary. You also need to send them again during the I485 stage. I also notice that some other forum members got the same inforamtion from KCC.
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Yes, it's true. I called them (KCC) twice and was clearly told that I have to post them 2 pic for every member of my family (3 of us) who applies to GC.
By the way, I didn't send them DSP 122 and photos yet and gonna to do it tomorrow.
 
LuciDreamer,

Congrats on winning!

Like most members mentioned before, I was also told by KCC to submit 2 photos with DSP 122 if I am doing AOS. You should call KCC and confirm this for yourself.

You will be required to send photos for your 485 as well when you send in your AOS package to USCIS.

LuciDreamer said:
Hi,

I have a question about sending the photos that many people included with their DSP-122 and DSP-230 forms. Since for AOS, no DSP-230 is needed as the KCC explained to me, should I have sent the photos as well?

I cannot remember seeing any requirements in the NL1 or online asking about sending the photos to KCC. As far as I know, the photos are required during the I-485 stage or maybe I am missing something here. Can someone explain?

Thanks!!
Click to expand...
 
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LuciDreamer, I think you should not worry about not sending the pictures. They are not needed for AOS. In fact, based on the online instructions, we should not send anything back to KCC if doing AOS. But I realize that almost everybody sends at least the DSP-122 form.

It makes sense to me. For CP, the DS-230 and the 2 photos are needed for setting up the interview.
However, for AOS, we provide that information in the I485 package which we must send to USCIS. Not that there is anything wrong with sending the DS-230 and the pictures if one is so inclined.

As for the KCC or the USCIS staff answering the phones, they are not necessarily the most informed. They are likely reading from a script.

KCC already has a file for you even without sending anything back. They have your initial DV application, which includes a picture of yourself and all your dependents, plus the notification that you were selected.

Needless to say, this is my opinion and I am not a lawyer.
 
Thank you folks for all your replies and support!!!
I agree that sending photos would not hurt, but probably nothing bad would happen without sending them either.
Since I already got the second Notice Letter from KCC, obviously they could do just fine without my photos. Otherwise, they would just request them from us, I believe.
 
Hi all,

I sent the photos and DSP-122 to KCC a month and a half ago, but still no sign of NL2.
At what point should I start worrying?

Thanks,
---sob
 
Hi sob,

Did you try calling KCC? Same thing happened to someone on this forum and found out the NL2 was on its way. So, definitely check with KCC first before anything. Plus, please add your case details so we know your timeline and give you better suggestions.

Thanks.

sob said:
Hi all,

I sent the photos and DSP-122 to KCC a month and a half ago, but still no sign of NL2.
At what point should I start worrying?

Thanks,
---sob
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sagarghimire said:
Hey,
Practically I dont think they will deport you because you won a lottery while in US and are in F-1 Status. That is per their rule in the first place.
Have you come across any people with the problem you mentioned.
Thanks for enlighting legal implications though.
Click to expand...

Following link is a prime eg. where one is in 'future' limbo due to past F1 debacles!!
Illegal or out of status and 'illegal presence' are 2 things.
If you become o-o-status, NO FUTURE IMMIGRATION procedures within US is 'easily' possible without a protracted legal fight.
If any F1 debacle that you could not sort out with DSO with a successful update of SEVIS, then your o-o-status start from day 1 of that 'debacle'.

Just that illegal presence (which trigger 3/10 yr bar) do not start without a 'written admin decision'. So one can just hang around with o-o-status, doling the hard earned money to lawyers, but no easy status change is possible. RULE OF THUMB : Do not take F1 D/S notion for granted!!

http://forums.immigration.com/showt...nding&highlight=F1+lottery+deportation+orders
 
sagarghimire said:
........ what about people who are already in H-1B status? Any thoughts?
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Just maintain it, 'cos you can maintain simultaneous H and pending AoS. (with F the unknown is the repurcussions of this 'simultaneous' thing !!)
if i-485 is unsuccessful you just revert from pending AoS to valid H, No Q asked (rather can 'be' asked)
However....if EAD is used (even by the H4 spouse? ), then H is gone for a homer, and if then i-485 not successful, your 'illegal presence' starts accumulating right away. (No D/S deal)


PS: I am not sure the effect on EAD use by H4 spouse. May be H4 only is in jeopardy, and can be reinstated after application for it.
 
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sagarghimire said:
YOu mean H-1B should not have any issues regarding illegal presence. You mean EAD that is obtained by filing AoS or some other EAD..Please clarify for me.
Thanks
Click to expand...

In general, if an H1B goes o-o-status, then 'illegal presence' clock starts after a 60 day 'grace period'.
If an H1B uses ANY i-485 based EAD his H1B status is lost.

Therefore seek competent legal advise if you want to forget H1B and want to use an i-485 based EAD.

PS:
Some more onfo
http://www.immihelp.com/greencard/adjustmentofstatus/eadap-hl.html
 
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Hi everyone,

i have a complicated question but i am hoping to get some feedbacks to make the right decision. I applied for asylum two years ago and got a denial so i just continued to keep my F-1 status which is for 3 years for now. In DS 122 there is a question about education and employment for the past years. I qualify for education, high school diploma while i dont know what to write in an employment section. In the application for asylym i wrote that for 1 year i did vacational works for living such as babysitting....while i dont know whether in DS 122 i should say they same what i wrote in asylym application or just leave blank or say that i still do it???!!!There is also a section with employment in I 495 so it would be helpful to know your feedback!

thanks a lot!
 
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