Affidavit of Support:
It will always be in your best interest to get one (for the interview) just in case whether or not you are employed currently. Remember, IOs will evaluate your possibility of becoming a financial burden to the US government on the basis of your age, health, no. of members in your family, how long you have been in the US, level of education, field of education/years of experience, plus if you show proof of work (W2s), it will suggest that it won’t be hard for you to get/maintain a job once you are a LPR. Use your common sense and put yourself in the IO’s shoes and play your scenario. With this information plus the type of IO you get, will determine whether or not you will need a sponsor. But, again, I EMPHASIZE this, it will be in your best interest to have affidavit of support for your interview (get both I-134 and I-864 if you can). You should know by now, theoretically, I-134 is used for DV cases but again, the IO you get maybe adamant on I-864. Try to find someone who does not have a big family, has a good full time permanent job…you know the rest.
Visa issues:
My honest opinion: If I were you, I would think twice before walking on thin ice. Reason: Although it is unlikely, who knows your AoS maybe rejected for one small mistake (could be your mistake or USCIS’s, if you haven’t already learnt from Summet’s case, please do so now). I am not trying to scare anyone, but asking you to be prepared for the worst. I agree that you have to be in legal status at the time of filing for AoS, in which case you will be considered to be in “adjustee” status. But letting your backup visa expire 10 days later is another thing (this is pure gambling). Just don’t do something that will come back and bite you. If I were in a situation like this, I would have a back-up plan in case things go south…but hey that’s just me…
PS: quote from murthy.com, “
Current immigration law provides little, if any, guidance on the maintenance of F-1 status while applying for adjustment of status. Students in this situation should be cautious when making any decisions pertaining to F-1 status issues. While it appears students are allowed to maintain their F-1 status while applications for adjustment of status are pending, each person's situation is unique and may require advice from legal counsel. Since there is no clear-cut law or guidance, the safest course for an F-1 student is to obtain the Advance Parole and the EAD, or have a backup dual-intent status, like the H1B or H-4, to be on the safe side.”
Also, you can get your questions answered on this website:
www.lawbench.com for only 10 bucks, good lawyers there are Wilson and Hathi (I am not promoting this, but thought this would be helpful to those not wanting to pay hundreds of $$ for just one question, I have used this myself and have found it useful, but remember, you get what you pay for…). Just wanted to put it out there.
Grace Period:
Generally, the grace period for F-1 students is
sixty days in duration, after the completion of the academic program of study. For those students who obtained F-1 Optional Practical Training (OPT), there is a sixty-day grace period at the end of the OPT. It does not apply to students who discontinue their studies and fail to properly maintain F-1 student status. There is also a
thirty-day grace period for J-1 students or international exchange scholars. This grace period is strictly for you to:
- Depart the United States, or
- Enroll in a SEVP certified school at another level, or,
- Take steps to otherwise maintain legal status.
I-485/G-325A/I-765 Questions Answered:
~The Visa number is the one on your latest US visa in red.
~If you even applied for work permit (CPT, OPT, H1B) you will be assigned an Alien Registration Number aka A# which you can find on your EAD card. It will always be the same number but do double check. Its not a biggie if you don’t know your A#, USCIS will look it up for you (with your name, DOB), as it is part of the lockbox/NBC process. They will most probably issue you a new A# based on your AoS application.
~Answer to “Have you been examined by the officer”: YES (which makes you ‘lawfully admitted non-resident alien’ and proof is your stamped I-94.
~Current status: you may write “H-1B (temporary worker)” or just H-1B
~If don’t have a spouse write “None” and “N/A” in the rest of the field.
~Advance Parole/H1B: Since H1B is a dual intent status, you are permitted to travel with your H1B (which is good if you use this, since using AP will invalidate your current status, i.e., H-1B). The conditions for maintaining H status still applies, i.e., you return with a valid H visa and continue to work for the employer who petitioned for your H visa. Since DV AoS is such a short process, my advice is not to travel until your PR is approved (in like what 3 months?). But again, that’s just me.
