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DV 2012 AOS Only

I've been selected for the GC.
Sorry post on another thread without seing this one.
I'm actually on a B2 visa traveling in USA with a address in Los Angeles.
I contacted an attorney to see what to do and he said that I could benefit of the AOS.
My B2 is valid for 10 year and my I94 form expire beginning of september.
He want to request to extend my B2 so i would save time using the adjustment of status as I will still be in USA.
what do you think?
did anyone had the same experience?
 
I've answered you in the other thread. If you'll be able to extend you I-94 and you're more than 2 months present in US on the moment of filing AOS (should not be a problem at all, assuming you can extend I-94), you can try to adjust your status.
 
I apologize if I repeat some questions, I am just in overload from information.
What I know:
1- I am on H1B which will be extended until august 2012. so I am eligible for AOS.
2- my number is 2012EU000028XX so I will wait october 1st to apply for the AOS.
3- I have to only send DSP122

My questions are
q1- I had the impression by reading some comments that once sent off the DSP122 I cannot travel back home. Is that correct?
I am travelling in a week and I wanted to send the DSP122 before hand, but otherwise I will wait for after I come back.
q2- Why do we have to pay the fees now? when they are needed only for the AOS application?
thanks!!!!!!
 
It shouldn't that matter for you, because you have a dual-intent visa. My understanding is that you can send DSP122 and even send application for AOS (hopefully in October) and still be able to travel without any problems.

The different case is with F-1 visas, because they are strictly non-immigrant.
 
Take them with you to the interview if you have any, otherwise do not worry much about this.

dv2012 said:
Thank you Feel! So if I will have I-134 form from my sponsor, the proof of my own personal funds is not needed right?
Click to expand...
 
You don't really need to pay fee right away. You will need a receipt that you paid this fee when you will send AOS forms to USCIS. So, there is a plenty of time to do so.

I decided to pay right away just to simplify my life. When I receive my receipt (I hope it will happen soon), I will not have problems of waiting for the receipt later :-D

lapiccolaflo said:
thanks so much!!! aGoodMan, i thought so! my other question is, why do I need to already do the DV fee to DOS?
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thanks again!
you make a good point, I will pay next month!

aGoodMan said:
You don't really need to pay fee right away. You will need a receipt that you paid this fee when you will send AOS forms to USCIS. So, there is a plenty of time to do so.

I decided to pay right away just to simplify my life. When I receive my receipt (I hope it will happen soon), I will not have problems of waiting for the receipt later :-D
Click to expand...
 
One point: No, you should not travel when your AOS is pending unless you apply for advance parole document and get it before you travel. If you do so, your I-485 is considered abandoned. So, guys be careful after you file Form I-485 with USCIS.

aGoodMan said:
It shouldn't that matter for you, because you have a dual-intent visa. My understanding is that you can send DSP122 and even send application for AOS (hopefully in October) and still be able to travel without any problems.

The different case is with F-1 visas, because they are strictly non-immigrant.
Click to expand...
 
feel said:
One point: No, you should not travel when your AOS is pending unless you apply for advance parole document and get it before you travel. If you do so, your I-485 is considered abandoned. So, guys be careful after you file Form I-485 with USCIS.
Click to expand...

This rule again does not apply for H-1 visa.

Here is a quote from advanced parole application form instructions:

NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:

A. You are in one of the following nonimmigrant categories:
1. An H-1, temporary worker, or H-4, spouse or child of
an H-1; or 2. An L-1, intracompany transferee, or L-2, spouse or
child of an L-1; or
3. A K-3, spouse, or K-4, child of a U.S. citizen; or
4. A V-2, spouse, or V-3, child of a lawful permanent resident; and

B. Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.
However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status.
Click to expand...
 
I mean if you are just in H-1B status there is always a risk of not getting H-1B stamped or sometimes it might take time and you are stuck and your AOS is in jeopardy. But if you have stamped H-1B visa on your passport you can enter on H1-B, you are right.

aGoodMan said:
This rule again does not apply for H-1 visa.

Here is a quote from advanced parole application form instructions:
Click to expand...
 
Won DV2012, CN: 2012AF00004xxx. How to tell when is my current date? I understand I have to apply for AOS starting Oct 1.
 
I spoke twice with people at the KCC about what to send to them if you're already in the US and doing an AOS.
DSP-122 (where you list "BCIS" instead of consular office)
Two passport size pictures
Barcode page of the notification letter (page 2)
They told me not to pay any fee at this time, and didn't mention adding a cover letter either explaining that we want to do an AOS. I believe that typing BCIS in question 4 of DSP-122 is self explanatory.

Also, it helps to print the case # on the top right corner of every page.
 
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"tnDV2012
View Profile View Forum Posts Private Message View Blog Entries View Articles Add as Contact

Registered User Join Date:May 2011
Posts:3Won DV2012, CN: 2012AF00004xxx. How to tell when is my current date? I understand I have to apply for AOS starting Oct 1. "


You have to check the Visa Bulletin, which is published every month. They're currently still issuing visa numbers for DV2011. Your current date most likely will be on October 1st since you have a fairly low number.
 
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aGoodMan said:
This rule again does not apply for H-1 visa.

Here is a quote from advanced parole application form instructions:
Click to expand...

My case is a bit different. I'm currently on J-1 (expires Oct 1st); but my employer has already submitted H-1B request (expedited track), and I should get my H-1B within two months. At that point, I was planning to travel to my home country and get an H-1B visa stamp on my passport (in July-August or September). Since I won't have yet filed my I-485 AOS forms then, should I be in the clear? After all, their website only warns of such travel AFTER you file for AOS.
 
italiano1964 said:
My case is a bit different. I'm currently on J-1 (expires Oct 1st); but my employer has already submitted H-1B request (expedited track), and I should get my H-1B within two months. At that point, I was planning to travel to my home country and get an H-1B visa stamp on my passport (in July-August or September). Since I won't have yet filed my I-485 AOS forms then, should I be in the clear? After all, their website only warns of such travel AFTER you file for AOS.
Click to expand...

Sounds complicated. I would talk to a good lawyer who knows (really knows, not just claims to know, because this forum exposed several cases of severe lawyer incompetency in DV cases) before making any decisions.
 
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aGoodMan said:
Sounds complicated. I would talked to a good lawyer who knows (really knows, not just claims to know, because this forum exposed several cases of severe lawyer incompetency in DV cases) before making any decisions.
Click to expand...

I think I'll be OK.
I know from a good lawyer that H-1B visas are dual-intent visas, that is, you can apply for one while at the same time apply for/pursue a green card (in fact, many immigration lawyers do that for clients who already live in the US, they apply for an H-1B visa so that they can work in research at a University-my case-while at the same time start a petition for permanent residency on the basis of national interest, or outstanding scientist, and so on). In other words, immigration officers or consular officers would not have a reason for denying me the H-1B if they even became aware that I won the DV2012, because the H-1B does not preclude you from pursuing a green card.
I mean, it'd be risky if I were in a similar situation where I went from F-1 to J-1 and I were traveling after my J-1 approval to get a J-1 visa stamp on my passport and they find out that I'm also pursuing a green card.
 
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what next

I won the lottery and currently on a valid F-1 visa. I am thinking of filing for AOS. Do i need to file I-864 and the other forms for sponsorships. According to my case number it my interview will be in January. When is the best time to start to file I-485 forms? Besides I am single, no children, what forms should i file?
 
You file I-485 in January. And you must send DSP-122, the barcode (if you can print it out) and 2x photos to KCC asap.
 
Welcome Kwamme,

Could you please add your signature? It is so helpful for us and for future generations :)

Regarding sponsorships. It depends. You most likely need to get i-134 (not i-864) from somebody else. If you're working, then your W-2, tax returns, and letter from the employer should be enough to prove that you will not be a public charge.
 
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