Pryanik777
Registered Users (C)
Obviosuly if anyone decides to do CP having started doing AOS, the I-485 application has to be withdrawn in advance.
Pryanik
Pryanik
DV 2013 AOS Only
- Thread starter Amine
- Start date
Sm1smom
Super Moderator
Maybe, I'm struggling with comprehension, but so far, I haven't read of anyone on this thread who has indicated a desire to concurrently engage in CP and AOS processing.
Anyway, hintakos, to address your post, the call on whether to continue with CP in view of your high case number or to switch over to AOS since you're already in the US is a difficult one you will have to make alone. If you decide to switch over to AOS, you will need to move fast as you'll need to send updated DSP forms to KCC before they send your file down to your home country and schedule your interview. There are so many issues you will need to weigh carefully before making your move, I'm not sure what your current visa status is, but consider the implications of being able to return (or not) to the US, if for instance the GC is not approved or you're put under AP. Of course there's the PCC you'll need to provide for CP - plan carefully for the amount of time it might take to get all of the applicable PCC. The upside of CP is the fact that you're likely to be interviewed within the month your visa date is released, which means you get to put all the GC process behind you.
AOS on the other hand takes a couple of months to get processed from when the visa date becomes applicable. But the truth is I haven't heard/read of anyone doing AOS who got denied because the number of visas available for their home country got exhausted. I'm not saying with certainty there could be no such case, it's just that I simply haven't come across one. I also haven't heard of a DV AOS applicant that got put on AP. AOS applicants can and will be interviewed till the last day in Sept., not so for CP.
Good luck with whatever line of action you decide to pursue.
Anyway, hintakos, to address your post, the call on whether to continue with CP in view of your high case number or to switch over to AOS since you're already in the US is a difficult one you will have to make alone. If you decide to switch over to AOS, you will need to move fast as you'll need to send updated DSP forms to KCC before they send your file down to your home country and schedule your interview. There are so many issues you will need to weigh carefully before making your move, I'm not sure what your current visa status is, but consider the implications of being able to return (or not) to the US, if for instance the GC is not approved or you're put under AP. Of course there's the PCC you'll need to provide for CP - plan carefully for the amount of time it might take to get all of the applicable PCC. The upside of CP is the fact that you're likely to be interviewed within the month your visa date is released, which means you get to put all the GC process behind you.
AOS on the other hand takes a couple of months to get processed from when the visa date becomes applicable. But the truth is I haven't heard/read of anyone doing AOS who got denied because the number of visas available for their home country got exhausted. I'm not saying with certainty there could be no such case, it's just that I simply haven't come across one. I also haven't heard of a DV AOS applicant that got put on AP. AOS applicants can and will be interviewed till the last day in Sept., not so for CP.
Good luck with whatever line of action you decide to pursue.
Sms1mom,
Good answer. We should sticky this post so that any future posters can be referred to post 2064.
Hi my wife won the DV lotto and her visa number is current as of 4/1/2013. We are in the US under my H1B. I'm preparing my i485 but my H1B's annual extension (i-129) is still in progress. Can anyone advise if I can go ahead and send the i485 package without having my i-129 approved?
Case Number: 2013AS000058**
07/17/2012: Email from KCC received
12/10/2012: DV payment receipt received
04/01/2013: Medical Exam done
??/??/2013: AOS package sent
Case Number: 2013AS000058**
07/17/2012: Email from KCC received
12/10/2012: DV payment receipt received
04/01/2013: Medical Exam done
??/??/2013: AOS package sent
There was actually one unlucky person in this thread from Belize, but that is an extreme since there were only a dozen or so visas available in that case. I think towards the end of September visa numbers will get scarce regardless of country. AP is a real threat for applicants from certain countries, whereas AOS can take forever even with a series of infopasses. Tough choice indeed.
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I am not familiar with annual extension, did you apply for employment based green card before? In general you can send your DV AOS application while you are waiting on your H1B extension (we did).
I'm on my 9th year H1B extension. Yes, my employment based green card is still in progress but the visa number for it is not yet available. Would it conflict with my DV based application?
Hi Aos13, thank you for replying. can you tell me more about how you did it while waiting on your H1B extension? My concern is, my previous H1B extension expired on 11/17/2012 and currently i'm still waiting for my 2013 extension that covers 11/18/2012 - 11/17/2013. If I were to fill out the i485 today, what would I put for the Current USCIS Status and Expiration under Part 1 of the i-485?
Thanks in advance.
Since you applied for extension (I'm assuming before the previous one expired) you don't need worry about that or wait for it to be approved. Your current status is H1B and expiration date is 11/17/2012, you can attach an extra sheet to explain that particular item in the I-485 and also attach a copy of a NOA which I'm assuming you already received regarding your extension.
Now the part you need to worry about is having two I-485s pending at the same time. I am not familiar with that (as in I have not done that in the past) but chances are you either will need to withdraw your previous I-485, or they will need to consolidate your applications, and according to what I've seen online, these can be LONG processes.
I suggest you seek the advice of an experienced immigration attorney if you don't want to lose valuable time while USCIS is figuring out how to deal with the situation.
I have hired a lawyer for my employee based green card application but I don't believe he has submitted a I-485 because my visa number hasn't been current so I'm assuming I don't have to worry about any consolidation of I485s thought I would double check with him. Thanks for mentioning this.
I did apply an extension before my H1B expired on 11/17/2012 and the reason I have not gotten my 2013 H1B extension is that in Feb they were asking for additional evidence to support my case. I have provided the evidence and now just await for their approval but I do not have a NOA at this point. Any thought on this?
Sm1smom
That is enlightening, I appreciate your answer, I definitely don't want to travel overseas to do the CP, time off from work and not getting paid, air fare, hotels, PCC, it is just too inconvenient.
I am thinking about it and I have the KCC forms ready but I am more inclined to do AOS and take the risk, life is just one risk after the other.
If he has not submitted it yet, it's great. Tell him not to submit it even if your number becomes current, there is no need to complicate things. If DV AOS for some reason does not work out, you can always submit it later I guess.
When you submitted your extension, they sent you a receipt notice with a receipt number, right? That's evidence that your extension is pending. Include that, and also a copy of RFE notice in your DV application. That should be enough to show that you are waiting for your extension to be approved.
If anybody else has ideas, please jump in.
I like the idea but what is a RFE notice?
When you said they asked for additional evidence in February, that is usually called request for evidence (RFE). I'm sure you (or your lawyer) received some kind of notice regarding that.
lottery2013
Registered Users (C)
I was in the same situation (well, still am) where my work is applying for the green card and I am also applying through the DV. They also haven't sent the 485 yet but they might fairly soon since there is no waiting period. I did quite a lot of looking around and the consensus seems to be that it is acceptable to have multiple i-485s at the same time. I know two other people in the same situation, one a family member, that may be in a position to submit multiple applications and they have also done their research, including a consultation with an immigration attorney and they also found that there is no issue with filing multiple 485s (obviously for different reasons not the same one). The attorney even said it is desirable and recommended since it obviously improves your chances.
That said, I agree with aos13 that 1. A consultation with at least one immigration attorney would be money well spent and 2. it might be a good idea to postpone the work-based 485 until you know the result of the DV one, assuming this doesn't negatively affect it in some way. That is what I am considering doing too but it will depend on how things go with the DV one.
Thanks for chipping in. I didn't mean to say there would be issues. What I meant was given the sad timelines of USCIS, one has to be careful not to lose the "sure thing" DV if USCIS decides to take its sweet time to deal with multiple submissions. DV has to be done by September 30th, and it is usually done within 2-3 months. Other AOS applications can take anywhere from 6 months to several years and lawyers are used to that kind of timelines, so they may not mind a 6 month delay which would be a killer for DV.
I actually just got my I-797C NOA I-129 Approval Notice. I think that should do the trick. Thanks!
agreed. thanks.
second that!