DV 2013 AOS Only
- Thread starter Amine
- Start date
Awesome! Congrats rnotk!Did he do the welcome speech ? I am really missing that
no I did not get welcome speech,
but one thing that I learn is they no longer put stamp on your passport even approved.
Well, the welcome letter is pretty nice at least. It's their great pleasure to welcome us to USA
The IO did congratulate us for winning DV though, and said that it is very rare for them to see DV cases. Good to know.
Can you elaborate on this, my wife was also on J1 visa before and subjected to 2HRR. She is the primary applicant and cumulatively she stayed in her country for two years. We are really hoping everything goes well for us.
Thank you everybody for your comment, and my waiting game starts again lol.
>aos13
I also was told it is very rare for the IO to process DV AOS, I think it is more common in SF or more populated area I guess.
>varxx
If your wife is/was on J-1, there are always some chance IO asks for an evidence related to the 2yr res requirement. (even ds-2019 has a check on the "not subjected for 2yr res requirement")
In order to make sure you are not subjected, you can request Advisory Opinion
http://travel.state.gov/visa/temp/info/info_5502.html
You have to write a letter and send it with copies of all I-20/DS2019 with a self-addressed stamped envelope. This is free service, but it takes 4-6 weeks to get result mailed to you.
I did request even I knew it wont come to me before my interview ( I realized much later), and locally I did not need it. but it is good to have since I heard that some IO will ask to submit this during interview. (and if you dont have it, you can just submit to FO when you received.)
Last edited by a moderator:
We do not have the DS2019 and we know that she was subjected to 2 year requirement, its on her visa. Cumulatively she had already stayed in her home country for 2 years so hoping the IO will accept the evidence we have. We have already submitted all evidences with the I-485.
Thanks
Hi there,
For the 2 year requirement, does the residency has to be in the J-1 holder home country or the person can live where he wants provided he departed the US after his training program?
Please advice.
J1 is visiting scholar Visa, and USCIS homepage states "Certain exchange visitors (J-1) are subject to a two-year home-country physical presence requirement which requires you to return to your home country for at least two years at the end of your exchange visitor program."
Therefore I assume if you are subjected to this requirement, you have to physically present in your home country for at least two years after J-1 visa period is completed.
However, you might be able to apply for waiver, but if you are qualified for that.
please refer the USCIS HP below
http://travel.state.gov/visa/temp/info/info_1296.html
Well I guess nobody is really familiar with U visa. When you go to the interview, make sure you take all U visa related stuff that was ever sent to you. IO will want to see your latest immigration documents. Whether you can discuss specifics or not is really up to the IO. You can hire a lawyer and go to the interview with the lawyer to make sure you are not doing anything wrong. As far as the AOS goes, it should not be really affected by other processes. You might want to ask the lawyer whether using benefits of this particular nonimmigrant visa nullifies the AOS process.
The other way around is true; if you start using EAD/AP issued during AOS, you can't hold your nonimmigrant visa any more.
This made me realize; at the interview our current visas were not stamped void. Do we need to get them stamped at some point?
Last edited by a moderator:
Sm1smom
Super Moderator
Your current visas do not necessarily need to be stamped 'void' during the AOS interview, but I'm assuming the IO collected your I-94 at the end of your interview which effectively nullifies your visa status. USCIC however is guaranteed to reconcile their records regarding your new immigration status. Our visas were equally not voided during our interview, the IO collected our I-94s and a couple of weeks following the interview, we recieved an email alert from USCIC informing us that our H1/H4 visas had been cancelled and a letter was in the mail explaining why (of course we already knew why they were cancelled
)Hey folks. Has anyone done their biometric before february and didnt get any interview letter? Those who didnt get the letter, what did you do? Or will do? I have been trying to send a service request but the representatives on the phone didnt do it??? I did biometrics in Jan 2013 and still didnt get a letter?
Your current visas do not necessarily need to be stamped 'void' during the AOS interview, but I'm assuming the IO collected your I-94 at the end of your interview which effectively nullifies your visa status. USCIC however is guaranteed to reconcile their records regarding your new immigration status. Our visas were equally not voided during our interview, the IO collected our I-94s and a couple of weeks following the interview, we recieved an email alert from USCIC informing us that our H1/H4 visas had been cancelled and a letter was in the mail explaining why (of course we already knew why they were cancelled
Thanks for the info. They did take the I-94s that were stamped at the airport, but not the one that came with the new H1B. As long as they reconciliate different A# numbered files we should be fine I guess.
the person subjected to 2HRR needs to have a physical presence in home country, only exception is if he/she is working for home government in other countries. The stay can be cumulative.
I am sure the IO will have the information about your case in pending when you go for the interview. it is good to have some expert legal advice here or you may have an infopass asking clarification in your situation.
Thanks aos13,
I also have one more important question. I am graduating in May and that makes me eligible to file for OPT. I am also current in May so i need to send my AOS papers too. As you said if i start using EAD/AP issued during AOS i cant hold my non immigrant visa. I have a job offer and they want me to start in June. now i am confused and dont knw which way should i go. I dont want to loose my non immigrant visa until the interview is over. But at the same time i dont want to let go the job opportunity.
Is it possible to skip EAD papers in I 485 packet and just file my OPT separately? And if go that path do I end up paying extra $380?