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DV 2011 AOS Only
- Thread starter lucky2011
- Start date
Answers are up there in BOLD. Thank you very much for your attention to my problem!
Dima,
OK, regarding your OPT, it looks like you plan on traveling on it, i.e., enter the US with OPT. I am not certain if you are currently employed. But, I hope you know certain rules about OPT, if not, I want to make you aware of the following:
~If you have an approved OPT and you depart before you get a job, your OPT ends and you cannot reenter unless you have a written job offer.
~However, if you have a job, you may travel and reenter to resume work at the same job or you have a written offer for another job.
So, make sure you are still employed or at least have a job offer so you can reenter the US. It is very important that you speak with your DSO about your options before you make any travel decisions.
Now, I know things couldn’t get any tougher around this time. But YOU have a very important decision to make: What is more important to you right now? Getting a Green Card, OR Getting that Job Abroad. I’m sure you have gone over this many times, but I hope the decision you make will not be the one you will regret in future.
Considering your circumstances, you have two options:
1. Consular Processing: You will have to go to your home country to do this. It is a much faster process than compared to AoS. Since your CN is low, you may get interviewed and/or approved on the same month you are current, i.e. October or November, depending on how busy the US Consulate in your home country is. Now, there are many what ifs with this process (well, there are with AoS too). IF for some reason, you are denied, you or your spouse may not be granted future non-immigrant visas (such as student and visitor visas) as you would have already shown intent for immigration by applying for the GC. But I have heard more success stories than otherwise. So do think about it.
2. AoS: You could go two ways with this:
a. Safer Route: You stay in the US, apply for your AoS on October, by the end of the month you may be able to get the NOAs (you can never really tell how long those will take especially during the start of the FY) but from looking at 2010 AOS folks’ signatures, they were in by within a month.
b. Risky Route: You travel abroad, and come back around end of October to send in your AoS with your wife’s status expiring on November 3rd. I am not really keen about this route, but the decision is yours.
Now, regarding your wife’s extension of stay, if her employer is willing, you could of course apply for extension (to be on the safe side), but please make sure that you have enough time to even apply for an extension. Unlike student visas, there are no “grace periods” for P visas, so unfortunately, your legal status ends on the day indicated on your I-94 card. Any stay beyond that day is considered illegal. Plus, you have to be in legal status at the time of applying for AoS.
You could stay in the US while your AoS is pending without having to apply for an extension for your wife’s P-3 status. But if for some reason, it is denied or rejected, she would have to leave the country. This is why I stress to those (whose visas/statuses are expiring in weeks or days after applying for AoS) to consider having a back-up non-immigrant status to fall back on. (Note: Majority of DV cases are approved without any problems).
Please do not take my suggestions as final. Anytime you are unsure, you should seek legal advice (I am not asking you to hire a lawyer for your case and never will). Do your research, use reliable resources whenever you have to, and make an informed decision.
Leon, nuvf, khayat, and others please chime in.
OK, regarding your OPT, it looks like you plan on traveling on it, i.e., enter the US with OPT. I am not certain if you are currently employed. But, I hope you know certain rules about OPT, if not, I want to make you aware of the following:
~If you have an approved OPT and you depart before you get a job, your OPT ends and you cannot reenter unless you have a written job offer.
~However, if you have a job, you may travel and reenter to resume work at the same job or you have a written offer for another job.
So, make sure you are still employed or at least have a job offer so you can reenter the US. It is very important that you speak with your DSO about your options before you make any travel decisions.
Now, I know things couldn’t get any tougher around this time. But YOU have a very important decision to make: What is more important to you right now? Getting a Green Card, OR Getting that Job Abroad. I’m sure you have gone over this many times, but I hope the decision you make will not be the one you will regret in future.
Considering your circumstances, you have two options:
1. Consular Processing: You will have to go to your home country to do this. It is a much faster process than compared to AoS. Since your CN is low, you may get interviewed and/or approved on the same month you are current, i.e. October or November, depending on how busy the US Consulate in your home country is. Now, there are many what ifs with this process (well, there are with AoS too). IF for some reason, you are denied, you or your spouse may not be granted future non-immigrant visas (such as student and visitor visas) as you would have already shown intent for immigration by applying for the GC. But I have heard more success stories than otherwise. So do think about it.
2. AoS: You could go two ways with this:
a. Safer Route: You stay in the US, apply for your AoS on October, by the end of the month you may be able to get the NOAs (you can never really tell how long those will take especially during the start of the FY) but from looking at 2010 AOS folks’ signatures, they were in by within a month.
b. Risky Route: You travel abroad, and come back around end of October to send in your AoS with your wife’s status expiring on November 3rd. I am not really keen about this route, but the decision is yours.
Now, regarding your wife’s extension of stay, if her employer is willing, you could of course apply for extension (to be on the safe side), but please make sure that you have enough time to even apply for an extension. Unlike student visas, there are no “grace periods” for P visas, so unfortunately, your legal status ends on the day indicated on your I-94 card. Any stay beyond that day is considered illegal. Plus, you have to be in legal status at the time of applying for AoS.
You could stay in the US while your AoS is pending without having to apply for an extension for your wife’s P-3 status. But if for some reason, it is denied or rejected, she would have to leave the country. This is why I stress to those (whose visas/statuses are expiring in weeks or days after applying for AoS) to consider having a back-up non-immigrant status to fall back on. (Note: Majority of DV cases are approved without any problems).
Please do not take my suggestions as final. Anytime you are unsure, you should seek legal advice (I am not asking you to hire a lawyer for your case and never will). Do your research, use reliable resources whenever you have to, and make an informed decision.
Leon, nuvf, khayat, and others please chime in.
Answers are up there in BOLD. Thank you very much for your attention to my problem!
Last edited by a moderator:
Dima,
OK, regarding your OPT, it looks like you plan on traveling on it, i.e., enter the US with OPT. I am not certain if you are currently employed. But, I hope you know certain rules about OPT, if not, I want to make you aware of the following:
dima,
i strongly agree with izzy's comment on '...what is more important to you right now ...' . look, there is only that rare chance you have to get the prized green card. screw it up and that chance may never come again. everyone here knows it is a very difficult piece of plastic to attain. so if i were you getting it will be my top priority. i would not do anything to complicate my case so that i will have a smooth sailing process to get my gc.
i suggest taking the safest route as suggested by izzy. again as i always tell members - the choice is eventually yours.
good luck.
I also agree with Izzy and leongsce. I appreciate leongsce still hanging around here to help us. Please do so until the end of our FY once in a while. Your expertise and experience will help us and I am sure everybody appreciates it and you'll get it back in your life some how.
Dima,
If I were you and this job was as "life changing" as getting your green card. I would not take any risk and would go for CP (you don't have to go to your home country's consulate for this. You can choose to go to Canada if it is easier, Canadian US consulates are usually is less busy for immigration visa appointment). Seems like you can leave the country pretty easily. Don't take this chance for granted. We all know how tough it is to get this so called piece of plastic.
Dima,
If I were you and this job was as "life changing" as getting your green card. I would not take any risk and would go for CP (you don't have to go to your home country's consulate for this. You can choose to go to Canada if it is easier, Canadian US consulates are usually is less busy for immigration visa appointment). Seems like you can leave the country pretty easily. Don't take this chance for granted. We all know how tough it is to get this so called piece of plastic.
dima,
i strongly agree with izzy's comment on '...what is more important to you right now ...' . look, there is only that rare chance you have to get the prized green card. screw it up and that chance may never come again. everyone here knows it is a very difficult piece of plastic to attain. so if i were you getting it will be my top priority. i would not do anything to complicate my case so that i will have a smooth sailing process to get my gc.
i suggest taking the safest route as suggested by izzy. again as i always tell members - the choice is eventually yours.
good luck.
Last edited by a moderator:
Hey Guys/Gals,
Thank you very much for your responses. I'll take it hard under consideration. I work in the film industry freelancing so getting good paying jobs at the beginning of the route are hard. One of the issues is getting a green card but no money to live in the US. Your suggestions are on point, and again thank you very much for that.
I hope you too will get your GC asap!
Thank you very much for your responses. I'll take it hard under consideration. I work in the film industry freelancing so getting good paying jobs at the beginning of the route are hard. One of the issues is getting a green card but no money to live in the US. Your suggestions are on point, and again thank you very much for that.
I hope you too will get your GC asap!
I totally disagree with you. You are risking way too much, for one month job, that is paying you well, what would happened if this would cost you the green card? Will you always be living from visa to visa. The green card is just the begining of the way, jobs and careers will come later on. Be carefull so you dont regret it and it would be too late.
Hey Guys/Gals,
One of the issues is getting a green card but no money to live in the US.
I totally disagree with you. You are risking way too much, for one month job, that is paying you well, what would happened if this would cost you the green card? Will you always be living from visa to visa. The green card is just the begining of the way, jobs and careers will come later on. Be carefull so you dont regret it and it would be too late.
Hey Guys/Gals,
One of the issues is getting a green card but no money to live in the US.
well said, natta!!
Hi guys..I am new to this forum.I wish I had gone through this much of information before,my bad.But anyways it's never late to start good thing.I could just go thoroughly to all of yours reviews and comments on each other.
Coming back to the point,I am also a 2011 DV lottery winner.
My case number-2011AS39***.
Seems like it is a very high case number .
Till now what I have done is filled out dsp122,ds230 part 1and 2 along with 2photographs.after tht I have received the notification letter from KCC mentioning about my authority to update status between October 1st to September 30,2011.
Reading all of your provided information ,it seems like I should have done CP .
The only problem I have is my OPT also starts from October 1st and ends at 30th September 2011.If I go back to my country and even if my CN became current but if I won't be receiving 2nd letter for interview I will have problems returning back to USA.
What do you suggest guys ?What's better for me and what are the next steps to follow.I haven't sent the amount of440$ to DS yet.What say guys.Help me out.Last but not the least,if I want to do CP ,is it possible now?How and if not why?Thank you guys.
Coming back to the point,I am also a 2011 DV lottery winner.
My case number-2011AS39***.
Seems like it is a very high case number .
Till now what I have done is filled out dsp122,ds230 part 1and 2 along with 2photographs.after tht I have received the notification letter from KCC mentioning about my authority to update status between October 1st to September 30,2011.
Reading all of your provided information ,it seems like I should have done CP .
The only problem I have is my OPT also starts from October 1st and ends at 30th September 2011.If I go back to my country and even if my CN became current but if I won't be receiving 2nd letter for interview I will have problems returning back to USA.
What do you suggest guys ?What's better for me and what are the next steps to follow.I haven't sent the amount of440$ to DS yet.What say guys.Help me out.Last but not the least,if I want to do CP ,is it possible now?How and if not why?Thank you guys.
Hey Guys.
11 more days to go, before the FY year starts and we can send in the AOS package ( for those current in October).
Just a quick question for those that have been around for a long time in this forum and the DV2010 forum, did you guys heard of any AOS cases who have been denied , if yes, what were the reasons.
Thanks.
11 more days to go, before the FY year starts and we can send in the AOS package ( for those current in October).
Just a quick question for those that have been around for a long time in this forum and the DV2010 forum, did you guys heard of any AOS cases who have been denied , if yes, what were the reasons.
Thanks.
Last edited by a moderator:
frenchiechs
Registered Users (C)
Helloooo DV Winners!!!
dima2121
Registered User
Join Date
Sep 2010
Posts
14
Originally Posted by Parviz
Do international students have to pay taxes? If yes, which taxes?
Thanks
My question also concerns this. I'm in the film industry and have been working as a freelancer on my OPT. I checked with IRS, and I didn't have to pay any taxes so I don't have TAX RETURN or W2 forms.
Also, what do I put in my work history in my G-325A since I had about a dozen small jobs, some had paychecks too. Do I include only ones with paychecks or all of them?
THANKS!
Parviz: did u work under your status of international student or no? What visa u have J1 or F1?
Dima2121: Even as a freelancer, companies u worked at should have subimitted your incomes to the IRS under the 1099 form. If they have not, you should go see them and make them doing so. I am right now dealing with the same situation with my old company. they re taking care of it. After they will submit my 1099 to the IRS, they will give me a copy and i will do my tax return for 08 and 09. U gunna have to pay a penalty fee for doing so late. but the most important is we can fix it.
Good luck
Frenchiechs
dima2121
Registered User
Join Date
Sep 2010
Posts
14
Originally Posted by Parviz
Do international students have to pay taxes? If yes, which taxes?
Thanks
My question also concerns this. I'm in the film industry and have been working as a freelancer on my OPT. I checked with IRS, and I didn't have to pay any taxes so I don't have TAX RETURN or W2 forms.
Also, what do I put in my work history in my G-325A since I had about a dozen small jobs, some had paychecks too. Do I include only ones with paychecks or all of them?
THANKS!
Parviz: did u work under your status of international student or no? What visa u have J1 or F1?
Dima2121: Even as a freelancer, companies u worked at should have subimitted your incomes to the IRS under the 1099 form. If they have not, you should go see them and make them doing so. I am right now dealing with the same situation with my old company. they re taking care of it. After they will submit my 1099 to the IRS, they will give me a copy and i will do my tax return for 08 and 09. U gunna have to pay a penalty fee for doing so late. but the most important is we can fix it.
Good luck
Frenchiechs
frenchiechs
Registered Users (C)
affidavit of support
hello fellas!!!
As per your advice, i am submitting the affidavit of support.
my sponsor must be American or GC holder. but must she or he be a rich person?
does she or he have important incomes?
I have to fill I134 only right, no I864?
can anybody explain to me what the following sentence mean: it is not necessary formI134 before a notary,nor to have your signature notarized after u sign it?
thank u
cheers
Frenchiechs
hello fellas!!!
As per your advice, i am submitting the affidavit of support.
my sponsor must be American or GC holder. but must she or he be a rich person?
does she or he have important incomes?
I have to fill I134 only right, no I864?
can anybody explain to me what the following sentence mean: it is not necessary formI134 before a notary,nor to have your signature notarized after u sign it?
thank u
cheers
Frenchiechs
Hi Frenchi,
Affidavit of support is something that you would prepare when they ask for it at the interview. Of course you can add it to you AOS package but maybe considering for instant your age and and you educational status, they might not need it...
Anyways, that person does not need to be super rich. as long as they have an average income should work.
Affidavit of support is something that you would prepare when they ask for it at the interview. Of course you can add it to you AOS package but maybe considering for instant your age and and you educational status, they might not need it...
Anyways, that person does not need to be super rich. as long as they have an average income should work.
hello fellas!!!
As per your advice, i am submitting the affidavit of support.
my sponsor must be American or GC holder. but must she or he be a rich person?
does she or he have important incomes?
I have to fill I134 only right, no I864?
can anybody explain to me what the following sentence mean: it is not necessary formI134 before a notary,nor to have your signature notarized after u sign it?
thank u
cheers
Frenchiechs
Natta,
One of the reason had been late applying. I do not know of very many though...
One of the reason had been late applying. I do not know of very many though...
Hey Guys.
11 more days to go, before the FY year starts and we can send in the AOS package ( for those current in October).
Just a quick question for those that have been around for a long time in this forum and the DV2010 forum, did you guys heard of any AOS cases who have been denied , if yes, what were the reasons.
Thanks.
Last edited by a moderator:
Hi Saajin,
Congrats for winning and welcome to the forum
This question has been beaten to death on this forum and the past years. The good NEWS is that last year even high case numbers managed to get their green card before the end of their fiscal year.
You may switch between CP and AOS by notifying KCC about it first by calling them and then by resending the forms. If you get your biometrics and background check on time and apply soon enough and not too late (50 days before your case in current and right when the advance notification comes out) there still is a fair chance to succeed through AOS route as well.
Congrats for winning and welcome to the forum
This question has been beaten to death on this forum and the past years. The good NEWS is that last year even high case numbers managed to get their green card before the end of their fiscal year.
You may switch between CP and AOS by notifying KCC about it first by calling them and then by resending the forms. If you get your biometrics and background check on time and apply soon enough and not too late (50 days before your case in current and right when the advance notification comes out) there still is a fair chance to succeed through AOS route as well.
Hi guys..I am new to this forum.I wish I had gone through this much of information before,my bad.But anyways it's never late to start good thing.I could just go thoroughly to all of yours reviews and comments on each other.
Coming back to the point,I am also a 2011 DV lottery winner.
My case number-2011AS39***.
Seems like it is a very high case number .
Till now what I have done is filled out dsp122,ds230 part 1and 2 along with 2photographs.after tht I have received the notification letter from KCC mentioning about my authority to update status between October 1st to September 30,2011.
Reading all of your provided information ,it seems like I should have done CP .
The only problem I have is my OPT also starts from October 1st and ends at 30th September 2011.If I go back to my country and even if my CN became current but if I won't be receiving 2nd letter for interview I will have problems returning back to USA.
What do you suggest guys ?What's better for me and what are the next steps to follow.I haven't sent the amount of440$ to DS yet.What say guys.Help me out.Last but not the least,if I want to do CP ,is it possible now?How and if not why?Thank you guys.
Last edited by a moderator:
frenchiechs
Registered Users (C)
Hey, Khayat!
thank for ur answer.
In my personal opinion, i wld write None or N/a. iwould not leave it blank, it could mean that u forgot to answer
thank for ur answer.
In my personal opinion, i wld write None or N/a. iwould not leave it blank, it could mean that u forgot to answer
Hey Khayat ..thank you for Welcoming me .Ya ,now then seems like if my case will be current by 2011,august or September and if I fly back to my country inorder to process through CP ,there are high chances of being interviewd right.If it's like ,then I might wanna change my processing to CP undoubtedly.
Is there any kind of letter before i will receive the letter for my interview cause I will be bearing huge risk flying back.
One more question ,do you think even if I change AOS to CP ,is it ok for me to send $440 to DOS?
Is there any kind of letter before i will receive the letter for my interview cause I will be bearing huge risk flying back.
One more question ,do you think even if I change AOS to CP ,is it ok for me to send $440 to DOS?
Helloooo DV Winners!!!
dima2121
Registered User
Join Date
Sep 2010
Posts
14
Originally Posted by Parviz
Do international students have to pay taxes? If yes, which taxes?
Thanks
My question also concerns this. I'm in the film industry and have been working as a freelancer on my OPT. I checked with IRS, and I didn't have to pay any taxes so I don't have TAX RETURN or W2 forms.
Also, what do I put in my work history in my G-325A since I had about a dozen small jobs, some had paychecks too. Do I include only ones with paychecks or all of them?
THANKS!
Parviz: did u work under your status of international student or no? What visa u have J1 or F1?
Dima2121: Even as a freelancer, companies u worked at should have subimitted your incomes to the IRS under the 1099 form. If they have not, you should go see them and make them doing so. I am right now dealing with the same situation with my old company. they re taking care of it. After they will submit my 1099 to the IRS, they will give me a copy and i will do my tax return for 08 and 09. U gunna have to pay a penalty fee for doing so late. but the most important is we can fix it.
Good luck
Frenchiechs
Hey Frenchie! I've been on OPT since February 09 so no tax returns yet. Also, my income hasn't been even sufficient enough to make a living. I have only 3 companies I have worked for with a paycheck, the rest were cash on the spot type of things. I think in total, my income in the last 7 months didn't exceed $3000. Film Industry is hard!
Your thoughts...
frenchiechs
Registered Users (C)
Dear All,
i ve got a question: i am filling the I485 out and it says in the instructions that we have to write our number of alien on the back of the photo. From my understanding of this thread and the 2010 thread, i thought at this time we do not have any alien number. i thought we would get one when our application would be received and would be in acceptance status. When and how exactly do we get this number of alien? should i already have had one? if not, can i write my case number?
Dima, i dont know if people on OPT have specific rules for taxes. If not, and u have been working using yr OPT since february 09, u should have had submit yr tax return in April 2010. Even if u have low income and u do not owe anything, u have to fill the form 1040, no matter what. It is NOT TOO LATE. I ve been dealing with my old company for teh same situation, they re taking care of it and submitting my income to IRS by completing form 1099. then they will give me a copy. then i ll fill the 1040 tax return form. This should go very fast. just go see the three companies u worked at and have them doing so (companis that gave u paycheck)
i ve got a question: i am filling the I485 out and it says in the instructions that we have to write our number of alien on the back of the photo. From my understanding of this thread and the 2010 thread, i thought at this time we do not have any alien number. i thought we would get one when our application would be received and would be in acceptance status. When and how exactly do we get this number of alien? should i already have had one? if not, can i write my case number?
Dima, i dont know if people on OPT have specific rules for taxes. If not, and u have been working using yr OPT since february 09, u should have had submit yr tax return in April 2010. Even if u have low income and u do not owe anything, u have to fill the form 1040, no matter what. It is NOT TOO LATE. I ve been dealing with my old company for teh same situation, they re taking care of it and submitting my income to IRS by completing form 1099. then they will give me a copy. then i ll fill the 1040 tax return form. This should go very fast. just go see the three companies u worked at and have them doing so (companis that gave u paycheck)