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DV 2014 AOS Only

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Changing from AOS to CP...

Hi Friends,
I am thinking to change from AOS to CP due to the fact that Nepal will run out of country quota soon. Nepal has very large success rate and the case numbers are very dense so far. 40% of Asia case numbers so far are from Nepal only. As you know AOS is slower than CP and Dallas FO is specially slow this year. I am afraid even if I am current probably around July, country quota will run out before they finish processing my AOS.
Given the following facts:
a. I am in F-1 status and my wife(F-2) is the principle applicant.
b. My I-20 does not expire until Dec 2015.
c. Me and my wife have F-1/F-2 visa stamped until July 2016.

Now lets assume that, even with the CP the worst case scenario happens (i.e. the country quota still runs out before our interview).
Now my questions:
1. Does it affect the re-entry to US due to the fact that we tried to process DV case?
2. Since we are not applying for F-1 visa at that time, I assume it will not be a problem in that case. What do you guys think?

We don't want to lose this life time opportunity to get the green card and also we don't want to end up losing the chance to stay in US even without the green card:(

please advise.
Thanks
 
Hello friends,

Does one need to withdraw his/her H-1B after he/she gets the green card?

Please let me know.
 
Last edited by a moderator:
Congratulations for getting your Green Card!!!

BTW what is I-9 and does one need to withdraw his/her H-1B after he/she gets the green card?


dvlottery2014 said:
We got our cards today !!!! :)

For all other H1Bs here, remember to get your I-9 updated by your employer as soon as you get the cards !
Click to expand...
 
Last edited by a moderator:
Allophone said:
Hello guys,

I'm getting ready to ship the AOS application packet. Just a few questions before I do:

1) In the spreadsheet on this forum, it says I need to include I-797 Notice of Action - Indicating Current Visa Status (if applicable). I'm now in the US on an H1B visa, so do I include a copy of my I-797B (Approval notice for H1B)?
2) I don't have copies of my tax return tickets, although I already ordered them from the IRS. I think they'll come in next week. If you were me, would you wait until I get them to enclose them in the packet, or would you ship it as soon as possible without them? My CN will become current in April, so I'm planning to ship the packet today (February 28) so they get it in March, which is completely legit.
3) Does it matter how I arrange the papers in the envelope? Should I punch holes and string them together? Is there a special order?

Thank you!!
Click to expand...
Hi hellophone , please could u tell me what,s in the package , I'm sending mine in July . Thank u so much .
 
Thank you for your response, c1984!

I know I already asked you that, but I'm still in two minds - I have my new passport with the recent F-1's and H1B, and I have all the papers for them (I-20 and approval notice), but I also have an old passport with two F-1's from 2005 and 2007 and one J visa from 2006 that I don't have any papers for. Would you just leave the whole old passport thing out? I've had my new passport since 2010 and I came to the US in 2011 and have stayed here on F-1 and later H1B ever since.

I was also planning to include my academic transcript, but it shows that I took classes in 2005 and 2007. So, would you recommend I just don't mention anything prior to 2011 at all, or go ahead and enclose whatever I have?
 
Birahi_kancha said:
Changing from AOS to CP...

Hi Friends,
I am thinking to change from AOS to CP due to the fact that Nepal will run out of country quota soon. Nepal has very large success rate and the case numbers are very dense so far. 40% of Asia case numbers so far are from Nepal only. As you know AOS is slower than CP and Dallas FO is specially slow this year. I am afraid even if I am current probably around July, country quota will run out before they finish processing my AOS.
Given the following facts:
a. I am in F-1 status and my wife(F-2) is the principle applicant.
b. My I-20 does not expire until Dec 2015.
c. Me and my wife have F-1/F-2 visa stamped until July 2016.

Now lets assume that, even with the CP the worst case scenario happens (i.e. the country quota still runs out before our interview).
Now my questions:
1. Does it affect the re-entry to US due to the fact that we tried to process DV case?
2. Since we are not applying for F-1 visa at that time, I assume it will not be a problem in that case. What do you guys think?

We don't want to lose this life time opportunity to get the green card and also we don't want to end up losing the chance to stay in US even without the green card:(

please advise.
Thanks
Click to expand...

Nepal's quota might not run out before your interview if you go with CP because I think you have good case number. However, there is a possibility that Nepal's country quota might run out if you are doing AOS. We will get an idea of how the numbers will proceed after about a week now. I also have similar situation as yours. I am also keeping my options open for CP as well and I am on F1. I think if for some reason if we could not make it through successful interview in CP, our F1 visa gets revoked because we show immigration intent. I am not 100% sure though. I will let others correct me if I am wrong. I am keeping my fingers crossed to see a huge jump in AS cut off for next bulletin.
 
I-9 is a employment verification document which is filled before you start work on h1B in US. Your employer fills it for you with information about your immigration status etc. THis will need to be updated to reflect that you are now working on GC.

You dont need to "withdraw" your H1B. As soon as you update I9 and start work on GC, it becomes void. This is my understanding from what I have read at many places, will continue reading more.

svaday said:
Congratulations for getting your Green Card!!!

BTW what is I-9 and does one need to withdraw his/her H-1B after he/she gets the green card?
Click to expand...
 
Allophone said:
Thank you for your response, c1984!

I know I already asked you that, but I'm still in two minds - I have my new passport with the recent F-1's and H1B, and I have all the papers for them (I-20 and approval notice), but I also have an old passport with two F-1's from 2005 and 2007 and one J visa from 2006 that I don't have any papers for. Would you just leave the whole old passport thing out? I've had my new passport since 2010 and I came to the US in 2011 and have stayed here on F-1 and later H1B ever since.

I was also planning to include my academic transcript, but it shows that I took classes in 2005 and 2007. So, would you recommend I just don't mention anything prior to 2011 at all, or go ahead and enclose whatever I have?
Click to expand...

Hey Allophone,

If you had not violated the terms of your visa in your prior stay, I wouldn't worry about the prior stay. I would only include documents pertaining to my current stay.

Have your supporting documents from a prior stay ready and be prepared to discuss it at the interview.
 
you_rock said:
Hi,
I had an interview today at 8 am. Arrived there 30 minutes earlier, went through security, and then waited until 8 am in a waiting area. The officer called my name and we went to her office. I took oath, she asked for the employer letter, passports - the old one (with visas, I-94) and the new one, went over I-485 and biographic form just verifying all of the information I put in those forms (line by line). She took away my I-94. Interview lasted about 15 minutes. At the end she gave me the letter "your case is being held for review". She said she cannot say "yes" or "approved" at the moment, but she did not see any problems with my case.
I received a notification email around 3 pm today with the case status change "card/document production".

I am really grateful to this forum for the information and advice. I was not participating, but read all of this thread and summary document is just fantastic!! Thank you!! :)
Click to expand...

you_rock,

Congratulations on your interview and status updates. Quick question: what is the 'employer letter' document you're referring to ?
 
DvPerm said:
you_rock,

Congratulations on your interview and status updates. Quick question: what is the 'employer letter' document you're referring to ?
Click to expand...

I think he means letter of employment. A letter from your employer to confirm that you are employed, when you started, how much you make, etc.
 
dvlott said:
Nepal's quota might not run out before your interview if you go with CP because I think you have good case number. However, there is a possibility that Nepal's country quota might run out if you are doing AOS. We will get an idea of how the numbers will proceed after about a week now. I also have similar situation as yours. I am also keeping my options open for CP as well and I am on F1. I think if for some reason if we could not make it through successful interview in CP, our F1 visa gets revoked because we show immigration intent. I am not 100% sure though. I will let others correct me if I am wrong. I am keeping my fingers crossed to see a huge jump in AS cut off for next bulletin.
Click to expand...

I found that in some forums people are saying that they can check our immigration status upon the re-entry. So if they will find out that we applied for DV but was not successful( means we showed the immigration intent), they can deny the re-entry. That was what I feared. Now, they are also saying that if we cannot adjust the status on time (means country limit is reached) before the interview, the F-1 status is revoked. is that true? can somebody advise on this? If that's the case then,is it too risky to file i-485 in the first palace for high CN cases with F1/F2 status?
 
Does it matter which USCIS Chicago lockbox address to use? I show the P.O. box for USPS and an address of express mail. Is one more preferable over the other?
 
Birahi_kancha said:
Changing from AOS to CP...

Hi Friends,
I am thinking to change from AOS to CP due to the fact that Nepal will run out of country quota soon. Nepal has very large success rate and the case numbers are very dense so far. 40% of Asia case numbers so far are from Nepal only. As you know AOS is slower than CP and Dallas FO is specially slow this year. I am afraid even if I am current probably around July, country quota will run out before they finish processing my AOS.
Given the following facts:
a. I am in F-1 status and my wife(F-2) is the principle applicant.
b. My I-20 does not expire until Dec 2015.
c. Me and my wife have F-1/F-2 visa stamped until July 2016.

Now lets assume that, even with the CP the worst case scenario happens (i.e. the country quota still runs out before our interview).
Now my questions:
1. Does it affect the re-entry to US due to the fact that we tried to process DV case?
2. Since we are not applying for F-1 visa at that time, I assume it will not be a problem in that case. What do you guys think?

We don't want to lose this life time opportunity to get the green card and also we don't want to end up losing the chance to stay in US even without the green card:(

please advise.
Thanks
Click to expand...

If you do CP and your application is denied for whatever reason, there's the possibility of being denied re-entry into the US even with a valid/unexpired non-immigrant visa such as F1/F2. Those are non-dual intent visa. By going home to do CP, you've demonstrated immigrant intent. CBP's argument would be that you cannot come back claiming to have non-immigrant intent when you already tried to apply for a GC from abroad. That unfortunately is the possible reality of what you have to deal with, so weigh your options carefully.
 
Bramb90 said:
Does it matter which USCIS Chicago lockbox address to use? I show the P.O. box for USPS and an address of express mail. Is one more preferable over the other?
Click to expand...

It depends on what service you are going to use.

If you are going to use FedEx or UPS, then use the courier delivery address. For USPS, you can use the P.O.Box while still OK to use the courier delivery address.

Either way, if you use certified mail somebody has to sign for it.
 
svaday said:
Hello friends,

Does one need to withdraw his/her H-1B after he/she gets the green card?

Please let me know.
Click to expand...

Whatever previous status you have is automatically voided once your GC is approved, The only thing you may need to withdraw is if, for instance, you an employment based GC application (or any other type of GC application) in the system. Even if that is not withdrawn by the petition, USCIS will cancel that application on their own.
 
Allophone said:
Thank you for your response, c1984!

I know I already asked you that, but I'm still in two minds - I have my new passport with the recent F-1's and H1B, and I have all the papers for them (I-20 and approval notice), but I also have an old passport with two F-1's from 2005 and 2007 and one J visa from 2006 that I don't have any papers for. Would you just leave the whole old passport thing out? I've had my new passport since 2010 and I came to the US in 2011 and have stayed here on F-1 and later H1B ever since.

I was also planning to include my academic transcript, but it shows that I took classes in 2005 and 2007. So, would you recommend I just don't mention anything prior to 2011 at all, or go ahead and enclose whatever I have?
Click to expand...

If you're not currently on F1, your transcripts are not required, but you can have them on hand for the interview.
 
Thanks!!
Letter of employment - I am on H1B, so they wanted an up-to-date letter confirming that I am still employed.


DvPerm said:
you_rock,

Congratulations on your interview and status updates. Quick question: what is the 'employer letter' document you're referring to ?
Click to expand...
 
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