DV 2013 AOS Only

[united1]

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.

Thanx varxx,
I spoke to the lawyer who did my U visa paper work. She said IO will know that you filled U visa but they wont the content. IO might ask you some questions regarding it thou. She said I am not required to take any U visa papers for AOS interview. But i think i will take everything i have just to be on safe side.

 

[aos13]

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?

If you do file for EAD with your 485, you will lose your visa; if for some reason you do not get a GC, you are out of status so hang on to your visa. Regarding the OPT, the IO told us that filing OPT while waiting for the decision is doable, but you still may want to double check. It would suck if uscis thinks that you are giving up your AOS by applying for a nonimmigrant benefit.

 

[rnotk]

If you do file for EAD with your 485, you will lose your visa; if for some reason you do not get a GC, you are out of status so hang on to your visa. Regarding the OPT, the IO told us that filing OPT while waiting for the decision is doable, but you still may want to double check. It would suck if uscis thinks that you are giving up your AOS by applying for a nonimmigrant benefit.

>United1
If you will graduate in May and start to work from June, you have to file OPT anyway dont you?
(since you will not get GC before June)
When I filed my OPT, it took three months to get a EAD.

Then if you start to process AOS in May, do you still need to file another EAD??
Can you just use EAD from OPT (under F-1) until get green card??
I am not sure though.. so you should check with attorny since you seem to have one already.

 

[chokolate]

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?

My fingerprints were taken on 8th of November 2012, and I have been waiting for over 4 months to get interview letter.
All I have to do is just wait. I called the USCIS customer service a few times, and the IO and the 2nd level officer told me that the process could take for 6 months. However, my case status on USCIS website changed acceptance to initial review today! So, I assume that I am going to recieve the interview letter soon.

 

[varxx]

If you do file for EAD with your 485, you will lose your visa; if for some reason you do not get a GC, you are out of status so hang on to your visa. Regarding the OPT, the IO told us that filing OPT while waiting for the decision is doable, but you still may want to double check. It would suck if uscis thinks that you are giving up your AOS by applying for a nonimmigrant benefit.

aos13 is right, not to risk applying for EAD with form I-485. You may lose your non-immigrant status if they do not issue GC. Its safe to apply for OPT right now and send form I-485 when you are current. Make sure to include a cover letter with AOS forms explaining your situation.
We did not opt to request EAD just to play safe and not to jeopardize our current status in worst case scenario.

Yeah take all documents to the interview, you never know what they may ask.

However, my case status on USCIS website changed acceptance to initial review today! So, I assume that I am going to recieve the interview letter soon.

I wonder why you waited so long if your case was current in October. You should have approached your local FO in December. Reps at customer service are not well informed about DV timeline. I had similar experience with them, they told me it would take like 6 months for processing. IO at the FO had said same thing to say but later changed her view after her brief absence at the desk. I guess she received information about the DV processing from a senior inside the office.
You may now wait for a week to see if you receive the IL or may take an infopass right away and find out whats going on.

 

[varxx]

I see you and edwardklau have a same FO. I guess you may receive 4/24 as an interview date. I have noticed in the past DV cases from the same FO have interviews on the same day. This is just my guess

My fingerprints were taken on 8th of November 2012, and I have been waiting for over 4 months to get interview letter.

 

[united1]

If you do file for EAD with your 485, you will lose your visa; if for some reason you do not get a GC, you are out of status so hang on to your visa. Regarding the OPT, the IO told us that filing OPT while waiting for the decision is doable, but you still may want to double check. It would suck if uscis thinks that you are giving up your AOS by applying for a nonimmigrant benefit.

Thanks for ur suggestion. It never came to my mind that USCIS can take (In worst case scenario) OPT application as giving up my AOS. I think best thing for me to do now is to just enroll in summer class to extend my status and ask company to give me an extension till Aug, hoping my GC will be in my hands by July

 

[united1]

>United1
Then if you start to process AOS in May, do you still need to file another EAD??
Can you just use EAD from OPT (under F-1) until get green card??
I am not sure though.. so you should check with attorny since you seem to have one already.

Thanks Rnotk,
I thought by applying EAD with I 485 i will save $380 which i have to pay if i apply for OPT separately. Yes ur right i need to apply at least 2-3 months in advance. I am just thinking of enrolling in a summer class n extend my status. I had attorney for my U visa. She said I dont need an attorney for DV case as there is nothing for attorney to do in a DV case.

 

[Minto64]

United1,

Applying for OPT does not invalidate your DV Aos. USCIS will not in any way adjudicate the DV case differently. I would apply for OPT ASAP because of the 3 months processing time. This will allow you to start working in July and once GC is granted should you choose to stay with the same employer use the GC.

You do not need to apply for both I-485 and EAD and advance parole(travel docs). You can just apply for I-485.

 

[varxx]

Seems like a good plan. Just be careful with the time line as you may need to apply for OPT in June if your summer classes are going to end in August.

I think best thing for me to do now is to just enroll in summer class to extend my status and ask company to give me an extension till Aug, hoping my GC will be in my hands by July

 

[aos13]

Thanks for ur suggestion. It never came to my mind that USCIS can take (In worst case scenario) OPT application as giving up my AOS. I think best thing for me to do now is to just enroll in summer class to extend my status and ask company to give me an extension till Aug, hoping my GC will be in my hands by July

Again, the IO told us that one can apply for OPT during AOS. You may want to get an infopass and double check with your FO. If by extension you mean to get an extension to your I-20 or something, it is really no different than applying for OPT; they both are nonimmigrant benefits I would definitely check with the FO and apply for OPT right away.

 

[rnotk]

Thanks Rnotk,
I thought by applying EAD with I 485 i will save $380 which i have to pay if i apply for OPT separately. Yes ur right i need to apply at least 2-3 months in advance. I am just thinking of enrolling in a summer class n extend my status. I had attorney for my U visa. She said I dont need an attorney for DV case as there is nothing for attorney to do in a DV case.

well, if you are thinking about taking summer classes, make sure with your university that they can extend your I-20, because I am not sure it is possible to extend just during summer.
As you know in order to be F-1 status, you have to be a full-time student. and summer semester is usually different from regular semester. (at least my university was)
and even you can do that, in my opinion, it might be bit risky that you assume you can start your petition in May and receive GC during August. You should have another plan in case your GC arrives like September.

I know many people here giving you many directions here, and its bit confusing to sum it up, but if you gonna go for OPT, you should start soon.

 

[aos13]

well, if you are thinking about taking summer classes, make sure with your university that they can extend your I-20, because I am not sure it is possible to extend just during summer.
As you know in order to be F-1 status, you have to be a full-time student. and summer semester is usually different from regular semester. (at least my university was)
and even you can do that, in my opinion, it might be bit risky that you assume you can start your petition in May and receive GC during August. You should have another plan in case your GC arrives like September.

I know many people here giving you many directions here, and its bit confusing to sum it up, but if you gonna go for OPT, you should start soon.

I agree, I-20 extension just for summer may not solve your problem, and you don't want to miss the job, so going for OPT right now sounds good. Just check with your FO. You haven't even submitted the 485, so you are not officially doing AOS yet, I think you should be fine.

 

[varxx]

okay to sum it up what others are saying, options you have:

1. Go for OPT right away and do not submit EAD form with I-485. Submit a cover letter with form I-485 explaining your status if your OPT processing is still pending when you send the AOS package to chicago lock box.
2. Take summer classes but make sure you are full time and understand that AOS processing may extend beyond August.

I agree with aos13 and rnotk, OPT seems better option. As I said earlier summer courses sound like a good plan but you need to understand the consequences if your AOS processing goes beyond August.

I agree, I-20 extension just for summer may not solve your problem, and you don't want to miss the job, so going for OPT right now sounds good.

it might be bit risky that you assume you can start your petition in May and receive GC during August. You should have another plan in case your GC arrives like September.

I know many people here giving you many directions here, and its bit confusing to sum it up, but if you gonna go for OPT, you should start soon.

 

[united1]

Thanks Everyone for all the suggestions
I spoke to the employer and my DSO. My DSO said My I 20 is valid until Jan 2014 but I am done in May because i just finished all my classes fast. He said I can take a summer class if I want and it wont be a problem status wise. We also spoke regarding OPT, and he said I am free to apply for OPT. He helped students before with DV cases. He said If m sure all my paper work is right than I should not worry and save $380 on OPT fees.
My may be future employer said I have the position if i am getting the GC. BUMMER. They dont sponsor H1B visa (truth of being international student). Well i also told them in interview I will get GC by July.Good news is they are ready to extend the joining date to Aug 1st
So now i am just hoping that everything goes well and i get my GC by July. #HOPE

 

[mgcelik]

Hey folks, is there any way to go to Field Office without infopass and talk to an officer? has anyone done that?

 

[varxx]

Its not that hard to get an infopass, choose option 4 while making an infopass appointment.

I have noticed credit card like machines near the infopass entrance floor at Newark, I heard you can make an appointment the same day using that machines. Although they allow limited number of appointments per day.

Hey folks, is there any way to go to Field Office without infopass and talk to an officer? has anyone done that?

 

[mike0916]

It's my turn to share my interview experience. My FO is in LA and needs security check when entering the building. There were a lot of people and I waited around 1 hour until IO called my name. The interview was around 10 minutes and only asked me to provide my ID, passport, I-94, I-20 (I'm a PhD student and work as a research assistant in lab), my tax return records, pay stubs, and my highest diploma. The questions were exactly same as I-485. After the questions, we just had a free chat regarding my major for another 15 minutes. At the end of the interview, she told me that DV-AOS is very rare even in LA and I should get my card within 3 weeks.

Hope this can help someone who are waiting for interview and wish everyone can be greened ASAP. Good Luck!

 

[united1]

It's my turn to share my interview experience. Good Luck!

Congrats Mike0916

 

[varxx]

Congratulations mike0916!!!

It's my turn to share my interview experience. My FO is in LA and needs security check when entering the building. There were a lot of people and I waited around 1 hour until IO called my name. The interview was around 10 minutes and only asked me to provide my ID, passport, I-94, I-20 (I'm a PhD student and work as a research assistant in lab), my tax return records, pay stubs, and my highest diploma. The questions were exactly same as I-485. After the questions, we just had a free chat regarding my major for another 15 minutes. At the end of the interview, she told me that DV-AOS is very rare even in LA and I should get my card within 3 weeks.

Hope this can help someone who are waiting for interview and wish everyone can be greened ASAP. Good Luck!