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DV 2011 AOS Only

Hi ,
Thank you Khayat for your reply!I have searched few pages back, but didnt find yet Izzys post about the cover letter.I am still seeking.

One more thing I forgot to ask you about guys: my wife's high school diploma is back home in our country.Now,do you think that will be ok to provide the bachelors degree instead of HS diploma in AOS package?
Thanks again! ,
Hi sica1983,

Principal applicant needs to show financial stability. This is shown either through W2 and work experience, Job offer, or affidivit of support. you may send a copy of documents that prove your financial stability with AOS pakage. However, you don't have to. If you don't then at the interview they would ask you to bring some.
I do not think W2 is required for spouse unless you do not have one and he/she wants to support you financially (which again brings up the issue if somebody without green card can sign your support documents or not).

2: I would assume it is the only one page on the site. I never heard of 4 pages

3: it would help! this is what lawyers do when submitting an application to USCIS. A while back Izzy sent out a good sample of it, browse back in this forum and find it. let us know if you could not.

Cheers and good luck
 
Hi sica1983,


Izzy posted his list on August 9th and Tuscany came with a similar one on August 25th.
 
F-1 OPT question

Hello all,

Congrats to everyone on winning the DV-2011 lottery. I am an F-1 student on OPT right now with a 2011AS00015xxx CN and am looking for a job to start working using my OPT visa.

My question is related to H-1B filing and whether I should be filing an H-1B to work or if OPT will suffice for me as it is valid till June 2011 and with my CN and visa bulletin info, I know people have received their GCs sometime in May-June.

Ideally I would not like to file for an H-1B (helps me with the job search as I can apply for green card jobs). Would filing an H-1B by my employer be necessary or will my OPT suffice? If (worst case scenario) my GC is received after June (after my OPT expires), does that mean I have to leave this country and then return again once I have the GC in hand? In that case, it would be better to file for an H-1, right? Or have I missed something?

Any help would be appreciated.

Thanks!
 
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Remember you can at most accumulate 90-days of unemployment during post-completion OPT. How many days did you already accumulate? Make sure you maintain your legal F-1 status right now. Being on OPT or H1-B both are fine as long as you are on legal status. In worst case scenario I would say go for higher degrees and become a student again. Hope this helps.
I do not know much about what happens with pending H-1B petition while filing AoS ,seniors please chime in....
Important: you cannot say for sure when will you be getting your GC so be prepared for the worst scenario, say you getting GC in September 2011.

Hello all,

Congrats to everyone on winning the DV-2011 lottery. I am an F-1 student on OPT right now with a 2011AS00015xxx CN and am looking for a job to start working using my OPT visa.

My question is related to H-1B filing and whether I should be filing an H-1B to work or if OPT will suffice for me as it is valid till June 2011 and with my CN and visa bulletin info, I know people have received their GCs sometime in May-June.

Ideally I would not like to file for an H-1B (helps me with the job search as I can apply for green card jobs). Would filing an H-1B by my employer be necessary or will my OPT suffice? If (worst case scenario) my GC is received after June (after my OPT expires), does that mean I have to leave this country and then return again once I have the GC in hand? In that case, it would be better to file for an H-1, right? Or have I missed something?

Any help would be appreciated.

Thanks!
 
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Remember you can at most accumulate 90-days of unemployment during post-completion OPT. How many days did you already accumulate? Make sure you maintain your legal F-1 status right now. Being on OPT or H1-B both are fine as long as you are on legal status.

Thanks for writing. I'm currently within the 90 day period, so all is OK on that front.

Important: you cannot say for sure when will you be getting your GC so be prepared for the worst scenario, say you getting GC in September 2011.

That's exactly the question I am trying to answer here, assuming my employer does not file for an H-1B, if I get the GC in September, can I still stay in the country from the time my OPT expires? Working would not be possible as my OPT would have expired already.
 
thanks for writing. I'm currently within the 90 day period, so all is ok on that front.



That's exactly the question i am trying to answer here, assuming my employer does not file for an h-1b, if i get the gc in september, can i still stay in the country from the time my opt expires? Working would not be possible as my opt would have expired already.

i think you have 60 days grace period after your opt expires. If your degree is in stem-areas you can extend it by 17 months after your initial opt expires PROVIDED you are working for e-verified company. Check this as well. If nothing works then yes you have to leave this country . I would say rather than leaving at that time when your aos is pending, why don't you go for consular processing?
 
i think you have 60 days grace period after your opt expires. If your degree is in stem-areas you can extend it by 17 months after your initial opt expires PROVIDED you are working for e-verified company. Check this as well. If nothing works then yes you have to leave this country . I would say rather than leaving at that time when your aos is pending, why don't you go for consular processing?

Unfortunately I can't do a STEM extension as I have a business degree. At the moment, I have already done the AoS and DoS already has my case (got the "PAID" receipt from them), so I doubt I can switch to CP now.

Important: you cannot say for sure when will you be getting your GC so be prepared for the worst scenario, say you getting GC in September 2011.

Looking at last year's numbers, CN 2011AS00015xxx became current in May 2010 (April 2010 was 13,600 and May 2010 was 16,400). So assuming the process takes at least 3 months after my number becomes current, that would mean GC by August-September 2011. So completing this process by June 2011 looks well nigh impossible.

Think H-1B might be the way to go here. Does this reasoning make sense?
 
So I don't understand, what happens if someone's status expires after they filed for AOS. Submiting the I-485 I would assume that the person is ok, because it is pending, right? Cause while you are pending for any types of visa or an I-485 you are ok to stay in the country? Please advise. Thanks
 
So I don't understand, what happens if someone's status expires after they filed for AOS. Submiting the I-485 I would assume that the person is ok, because it is pending, right? Cause while you are pending for any types of visa or an I-485 you are ok to stay in the country? Please advise. Thanks

Yes, this was part of my question as well. I believe you can stay in the country, but are definitely not allowed to work (if you had work authorization and it expired).
 
However I would not take the risk of not having any solid legal status while my DV AoS is pending. I would say go for higher degree beginning Spring semester of 2011 in the worst case scenario rather than making the case complicated just for few months' sake.

Yes, this was part of my question as well. I believe you can stay in the country, but are definitely not allowed to work (if you had work authorization and it expired).
 
unfortunately i can't do a stem extension as i have a business degree. At the moment, i have already done the aos and dos already has my case (got the "paid" receipt from them), so i doubt i can switch to cp now.

Absolutely, you can switch to cp. You have not filed aos packet to chicago lockbox so your case is rather simple just call and write to kcc to make the change...one of the forum members "maila" did it in other forum dv 2010 aos only. Dig in there.

Looking at last year's numbers, cn 2011as00015xxx became current in may 2010 (april 2010 was 13,600 and may 2010 was 16,400). So assuming the process takes at least 3 months after my number becomes current, that would mean gc by august-september 2011. So completing this process by june 2011 looks well nigh impossible.

Think h-1b might be the way to go here. Does this reasoning make sense?

again sought for other legal status do not assume things work like expected like 3 months or sth like that. I suggest to enroll in other ms or phd degree for you. Thanks and god bless you.
 
My personal opinion:

In the AOS package instruction, It clearly mentions that you need to be legal at the time you are submitting the form (It does not mention that you have to keep your legal status under non immigrant situation until final decision, although it is very smart to keep that valid) . as far as your work permission goes, you can apply for EAD at the same time and if your AOS take longer than your expectation, you can work using your EAD.
When you get a notice of action you are legally in the country until a decision is made.

Read part D and F of the page 2 in I-485 instruction.


Yes, this was part of my question as well. I believe you can stay in the country, but are definitely not allowed to work (if you had work authorization and it expired).
 
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I suggest to enroll in other ms or phd degree for you. Thanks and god bless you.

Thanks for the input. Another degree is really not an option, it is too expensive and I would prefer to work here (if I can find an H-1B sponsor) as I already have huge debts from my school loan :(

again sought for other legal status do not assume things work like expected like 3 months or sth like that.

Regarding the 3 month timeline, there is definitely no guarantee about the time it takes to process the case once it becomes current.

I notice you have a similar CN to mine. I had a look at the DV 2010 thread trying to find estimates of how people with similar numbers to ours and what their timelines were like, and didn't find too many members over there who had a number like ours (2010AS0001xxxx). Any guesses on how long yours might take?

The closest cases from that thread that I could find were these:

May 28: 1st NL received AS12*** (Dallas, TX)
June 24: Forms sent to KCC
Oct 28: 2nd NL received
Nov 5: DV AOS fees sent
Nov 18:AOS fees receipt
Feb 08: number current
March 05: medicals done $356.00
march 24: AOS package sent to chicago
april 05: USCIS cashed my check
april 08: NOA received for both i 485 and i 765
may 14: biometrics done!!
june 4 : CPO for EAD
june 9: successful interview
june 10: CPO
june 11: EAD received
june 26: Green Card received!!!
Thanks God!!!!"

"CN: 2010SA000004XX (Current Nov/09)
2009
04/08 NL1
04/22 Sent DSP 122 + DS 230 to KCC
06/19 NL2
08/04 DV fees to DOS
10/20 Meds done
10/22 AOS pkg to Chicago Lockbox
11/03 NOAs rcvd
11/10 Biometrics rcvd
11/25 Biometrics done
2010
01/29 Interview appt letter rcvd
02/25 Interview done
04/21 New Interview letter rcvd for 05/13 (canceled)
05/11 CPO
05/15 Welcome lttr rcvd
06/07 GC received!"

"CN 2010AS00009*** Dallas, TX [F1-visa]
05/12: Received NL
06/01: Mailed DSP 122 & DS 230 & DV fee
06/10: Received 2nd NL.
02/2010: case current
02/01/2010: mailed AOS packet
02/09/2010: check cashed
02/13/2010: NOA recieved dated 02/08/2010
03/15/2010: Biometrics app for 04/05
03/17/2010: Interview appt for 04/07
04/05/2010: Biometrics Done
04/07/2010: Interview Done
04/14/2010: Welcome Letter
04/23/2010: Recieved GC "

Apologies to those for who this is not relevant.
 
My personal opinion:

In the AOS package instruction, It clearly mentions that you need to be legal at the time you are submitting the form (It does not mention that you have to keep your legal status under non immigrant situation until final decision, although it is very smart to keep that valid) . as far as your work permission goes, you can apply for EAD at the same time and if your AOS take longer than your expectation, you can work using your EAD.
When you get a notice of action you are legally in the country until a decision is made.

Read part D and F of the page 2 in I-485 instruction.

khayat - you are right. and to answer lloyd.r question ...

lloyd.r - ater you submit your i485 and it gets accepted ... you will not accrue unlawful presence when your visa expires during the process. but you must be of legal status before you submit your application.
 
khayat - you are right. and to answer lloyd.r question ...

lloyd.r - ater you submit your i485 and it gets accepted ... you will not accrue unlawful presence when your visa expires during the process. but you must be of legal status before you submit your application.

Thanks leongsce. Good to see the details about your case from last year, gives me hope that mine will be completed in good time :)
 
November Visa Bulletin

VISA BULLETIN for November 2010 is out. Congratulations to all who are current for November.
 
Visa bulletin for november 2010

Since I am new to the forum, I can't post the link.
 
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Dear all

I'll become current in November, so now that I can see my number, can I send my stuff at October 1 like others who are current in October?

thanks
 
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