DV 2014 AOS Only

[Sm1smom]

Hi everybody,
I am a DV 2014 selectee. My CN is 2014EU00022XXX. I am from Spain, but I live in USA since 2007. Last year I changed from J1 to H1B visa (it will expire in June 2015). I went to USCIS office and they confirmed my elegibility to apply for AOS. Based on my CN should I go for AOS or CP???
At the USCIS office they told me that if I decide to go for AOS I will need to pay a fee ($1070) and fill the forms I-485 and also I-765, I-131 and I-693, is that correct? Are those forms part of the AOS package that I will need to send to Chicago? Do I need to hire a lawyer to help me with those forms?
Thank you in advance and congrats!!,
PAU1

1. CP or AOS? The call is yours to make.
2. In addition to the $330 DV fee, all those doing AOS will pay an additional $1070 fee (this is the AOS fee + Biometric fee)
3a. I-765- Employment Authorization form: you don't need this since your H1 visa authorizes you to work already.
3b. I-131 - Advanced Parole Form - People use this if they plan on travelling out of the US after submitting their I-485 package. Again this form may not apply to you if you have no plans of travelling out of the country during your AOS process. And even if you do, your H1 visa is a dual intent visa, it precludes USCIS from assuming you've abandoned your AOS if you travel out during the process.
3c. I-639 - Medical Examination Form - compulsory part of the I-485 package
4. Hire an immigration lawyer? Your case seem straight forward enough to me, you don't need an immigration lawyer in my opinion, to fill out those forms and send in your package. Spend some time going over previous AOS threads if you opt for AOS. However, you make the final call as to whether you want to hire a lawyer or not.

 

[Gina_g]

I went to see my international adviser this morning because I was curious if she knew anything about the issue of applying for OPT and a green card at the same time (or almost simultaneously). She noted that the OPT is the practical portion of the F1 visa, which doesn't make it distinct from F1.

The situation is problematic IF one applies for OPT while already having a GC application on file. One cannot request OPT after applying for a green card, because it would obviously be difficult for one to prove non-immigrant intent.

For those already on OPT, you can submit your DS/DSP forms to KCC whenever (but you won't be able to apply for an extension once you have a GC application in process). For those who are getting ready to apply for the OPT, apply for it first, and then the green card. After you apply for the OPT, however, wait for the OPT card to arrive (maximum 60 days), i.e., wait for the OPT application to be finalized. After that, it's safe to send your forms to KCC without worrying that your OPT might be revoked. As long as the GC application occurs after you received the OPT (which is still F1), and as long as you've been in the US for more than 90 days, everything should be fine.

I was worried that I would have to delay sending the DS/DSP forms for 3 months after receiving the OPT card. I have a high CN and on the visa bulletin, it is stated that when numbers become current, they allocate visas on a first come, first served basis. This probably means they'll create some sort of hierarchy based on how fast selectees submit their initial paperwork to KCC. At least this is what I think this means.

I'll talk to a lawyer on Thursday to double check what my adviser said.

 

[aos13]

The situation is problematic IF one applies for OPT while already having a GC application on file. One cannot request OPT after applying for a green card, because it would obviously be difficult for one to prove non-immigrant intent.

Agreed.

For those already on OPT, you can submit your DS/DSP forms to KCC whenever (but you won't be able to apply for an extension once you have a GC application in process).

You mean an OPT extension, yes it'd be difficult to get it approved, but there might be some technicality there, as long as you maintain your current status, you may be able to do that, but I wouldn't count on it. Another question for the lawyer.

For those who are getting ready to apply for the OPT, apply for it first, and then the green card. After you apply for the OPT, however, wait for the OPT card to arrive (maximum 60 days), i.e., wait for the OPT application to be finalized. After that, it's safe to send your forms to KCC without worrying that your OPT might be revoked. As long as the GC application occurs after you received the OPT (which is still F1), and as long as you've been in the US for more than 90 days, everything should be fine.
I was worried that I would have to delay sending the DS/DSP forms for 3 months after receiving the OPT card.

I'm not sure about the timeline. By the time you get your card, it's been already 60 days or maybe more since the time you have applied. But you just received/approved for the benefit. So I'm not sure if you still have to wait to be on the safe side. Ask this to the lawyer.

I have a high CN and on the visa bulletin, it is stated that when numbers become current, they allocate visas on a first come, first served basis. This probably means they'll create some sort of hierarchy based on how fast selectees submit their initial paperwork to KCC. At least this is what I think this means.

In CP, interviews are scheduled based on CN order, more or less. Unless you are extremely late sending your forms (like sometime next summer!) you would still get an interview ordered with respect to your CN. In AOS, there is no order, no logic; every FO is different. Since your CN is high, it practically doesn't matter if you send your DSP122 now or like in December. But sending the I-485 package as soon as you are current is important.

I'll talk to a lawyer on Thursday to double check what my adviser said.

Awesome! Let us know.

 

[Zodiaco]

MD on J1, got DV2014. AOS or CP?

Hi all,

I "won" DV2014, my number is 2014EU00022XXX. My country of chargeability is Romania, but I lived for 15 years in Germany before moving to the US.
I am living in the US since 2011 working in medical research on a J1. The J1 is valid until 12/31/2014, I have both on the visa itself as well as on the DS-2019 stated that "bearer is not subject to 212e". So far so good.

I am a MD by training, and I want to enter US residency in medicine in June 2014. I do not want to have to get the J1 for medical residents, since that J1 is always linked to the two years rule. Thus, having a GC prior to June 2014, or a similar work permit, would be the way to go.

What are your advices?

i) wait for my CN to become current and go for AOS?
ii) do CP at the Embassy in Frankfurt (my last country of residence) or better in Bucharest (my country of birth)?
iii) get an immigration lawyer?

Thank you so much for all your help!

 

[Hjkarki]

Help dv2014

Hi,

Congrats to all selectees,

I have some questions, if a person was born in eligible country(Nepal) however his spouse in not born in eligible ( Philippines) in that case if primary applicant and dependent can get Visas?

Can a applicant get interview scheduled in foreign country where he is currently working?

Is 9xxx is high for Asia?

Appreciate your valuable feedback

 

[aos13]

Hi all,

I "won" DV2014, my number is 2014EU00022XXX.

So you are aiming for June 2014?

22XXX became current in April this year. If that happens next year too, and you do AOS, you have a chance to have an interview in June, but how high or low that chance is anybody's guess.

As it was discussed on many occasions in the forum, going abroad for CP on J1 and not getting GC poses some risk. But it depends on many factors regarding the person's history, the country he/she is from, visa practices of the particular consulate/embassy, even the impression one leaves on the consular officer or CBP officer at the airport. So the choice is yours.

 

[CWH]

Congrats to all DV2014 selectees!

My sister was selected for further processing with CN: AS13xxx. She is now on F1 status, and her F1 visa will expire some time in 2015, so I believe she can go either route, CP or AOS. After reading through this thread, I feel that her CN is on a high side, which may be current some time in April or after. She doesn't want to go back for CP because she doesn't want to lose her F1 status just in case something goes wrong. I do have some questions in general and specific to her case:

1. Her immigration lawyer mentioned about improving the chance during the interview by having a US citizen to sponsor her. Is it necessary?
2. I believe that as part of the application, selectees are required to show some kind of financial affidavit. Are there criteria about the minimum amount of saving, length of time, or whose account it should be? Can a selectee use the financial affidavit of a relative who is willing to sponsor the selectee but residing at the home country. (Let's assume that AOS is the route to go)
3. It seems to me that medical exam should not be done at this time because it's valid for one year. What is the appropriate time to start this process? Right after October 2013 or when CN is current?
4. Her lawyer also mentioned that right after my sister files DSP-122, she is eligible to apply for EAD. Is it correct? If it is, should one chooses to do it while holding an F1 visa? This is, according to her lawyer, related to her having sufficient incomes to demonstrate during the interview. As of now, my sister does not have any income, and I am here on E2, but my business is at a loss, which seemed to me that I am not her good choice as a sponsor.
5. In general, what kinds of questions should one expect to answer in the interview?

Thank you in advance for all the answers!

 

[PAU1]

1. CP or AOS? The call is yours to make.
2. In addition to the $330 DV fee, all those doing AOS will pay an additional $1070 fee (this is the AOS fee + Biometric fee)
3a. I-765- Employment Authorization form: you don't need this since your H1 visa authorizes you to work already.
3b. I-131 - Advanced Parole Form - People use this if they plan on travelling out of the US after submitting their I-485 package. Again this form may not apply to you if you have no plans of travelling out of the country during your AOS process. And even if you do, your H1 visa is a dual intent visa, it precludes USCIS from assuming you've abandoned your AOS if you travel out during the process.
3c. I-639 - Medical Examination Form - compulsory part of the I-485 package
4. Hire an immigration lawyer? Your case seem straight forward enough to me, you don't need an immigration lawyer in my opinion, to fill out those forms and send in your package. Spend some time going over previous AOS threads if you opt for AOS. However, you make the final call as to whether you want to hire a lawyer or not.

Thank you very much for your answer, Sm1smom

 

[Pryanik777]

Zodiaco,

Unless you get rid of the 2YHRR you can't get a Green Card. Is it possible to get the waiver under the Graduate Medical Education/Training?

Pryanik

Hi all,

I "won" DV2014, my number is 2014EU00022XXX. My country of chargeability is Romania, but I lived for 15 years in Germany before moving to the US.
I am living in the US since 2011 working in medical research on a J1. The J1 is valid until 12/31/2014, I have both on the visa itself as well as on the DS-2019 stated that "bearer is not subject to 212e". So far so good.

I am a MD by training, and I want to enter US residency in medicine in June 2014. I do not want to have to get the J1 for medical residents, since that J1 is always linked to the two years rule. Thus, having a GC prior to June 2014, or a similar work permit, would be the way to go.

What are your advices?

i) wait for my CN to become current and go for AOS?
ii) do CP at the Embassy in Frankfurt (my last country of residence) or better in Bucharest (my country of birth)?
iii) get an immigration lawyer?

Thank you so much for all your help!

 

[Sm1smom]

Congrats to all DV2014 selectees!

My sister was selected for further processing with CN: AS13xxx. She is now on F1 status, and her F1 visa will expire some time in 2015, so I believe she can go either route, CP or AOS. After reading through this thread, I feel that her CN is on a high side, which may be current some time in April or after. She doesn't want to go back for CP because she doesn't want to lose her F1 status just in case something goes wrong. I do have some questions in general and specific to her case:

1. Her immigration lawyer mentioned about improving the chance during the interview by having a US citizen to sponsor her. Is it necessary?
2. I believe that as part of the application, selectees are required to show some kind of financial affidavit. Are there criteria about the minimum amount of saving, length of time, or whose account it should be? Can a selectee use the financial affidavit of a relative who is willing to sponsor the selectee but residing at the home country. (Let's assume that AOS is the route to go)
3. It seems to me that medical exam should not be done at this time because it's valid for one year. What is the appropriate time to start this process? Right after October 2013 or when CN is current?
4. Her lawyer also mentioned that right after my sister files DSP-122, she is eligible to apply for EAD. Is it correct? If it is, should one chooses to do it while holding an F1 visa? This is, according to her lawyer, related to her having sufficient incomes to demonstrate during the interview. As of now, my sister does not have any income, and I am here on E2, but my business is at a loss, which seemed to me that I am not her good choice as a sponsor.
5. In general, what kinds of questions should one expect to answer in the interview?

Thank you in advance for all the answers!

While not an immigration lawyer myself, it seems to me the lawyer your sister consulted does not have a good grasp of the DV visa lottery process (like a lot of the immigration lawyers here in the US, DV is simply not an area most of them are familar or used to dealing with). YOur sister should not apply for the EAD card on the basis of having submitted her DSP form, I doubt if it would be approved plus. Plus, there is a filing fee associated with an EAD that is not submitted at the same time with an I-485 package, I wonder if the lawyer mentioned that.

Also, as an F1 visa holder, if she decides to file for EAD with her I485 package (and uses it - although I'm not sure if it's not simply just by applying for it - even without using it), and the GC application did not go through, your sister losses her F1 status. Most people on F1 status shy away from applying for an EAD because of this possibility.

 

[aos13]

Zodiaco,

Unless you get rid of the 2YHRR you can't get a Green Card. Is it possible to get the waiver under the Graduate Medical Education/Training?

Pryanik

The J1 is valid until 12/31/2014, I have both on the visa itself as well as on the DS-2019 stated that "bearer is not subject to 212e". So far so good.

I'm assuming 212e is the HRR, in that case OP is not subject to that.

 

[aos13]

While not an immigration lawyer myself, it seems to me the lawyer your sister consulted does not have a good grasp of the DV visa lottery process (like a lot of the immigration lawyers here in the US, DV is simply not an area most of them are familar or used to dealing with).

+1

Here is the deal: USCIS deals with a million GC cases every year. There are only 50K DV GCs most of which is handled by embassies. Maybe about 2000 people do AOS for DV GC in a year, so chances that a USCIS officer or lawyer has seen a case like yours/ours is at 0.2%. Sure they have a better grasp of the laws, but they can easily miss something as they don't deal with our cases on a daily basis.

I agree with Sm1smom, your sister should stay away from EAD. Her number is high, in case she does not get a GC, she can't continue staying here as F1 if she took an immigrant benefit by applying for that EAD. Besides, I don't think she can apply for EAD before sending her I-485 anyway.

Regarding the finances, there is the poverty guidelines on the web that USCIS uses. If she is getting paid by her school and she makes more than the levels at those guidelines, she'll be fine. Otherwise she'll have to find a USC or LPR to fill I-134 for her, or she should show enough money in the bank account.

Getting EAD based on a petition, and then showing the income based on that EAD to qualify for the same petition could only be a lawyer's idea!

 

[kazore]

Do I need to hire a lawyer to help me with those forms?

PAU1

Hi congratulations,

You don't need a lawyer. I hired the one that did my previous visa and it was a complete waste of money.

 

[as29]

Congratulations to those selected!

I have a few questions. I was selected for further processing CN:AS13xxx. I also see that there is another person with a similar case number. I am on G-4 visa status and it will expire in November next year. After reading the comments in the thread it seems that maybe the CP will be faster. Has anyone had any experience or know about the process for AOS with a G4 visa? Is it advisable to do AOS or CP? The CN also seems to be quite high and I feel that it will only be currently probably next year.

Also, I notice that the DP forms ask for the parents information, and it asks whether we would like our parents to join us. Does this mean that the parents will also be called for an interview once the date is current?

In regard to police reports, I understand that we will need police reports from all countries we stayed for more than 6months since age 16? Thanks!

 

[Gina_g]

You mean an OPT extension, yes it'd be difficult to get it approved, but there might be some technicality there, as long as you maintain your current status, you may be able to do that, but I wouldn't count on it. Another question for the lawyer.

Yes, I meant OPT extension. What do you mean by "as long as you maintain your current status?" When the OPT expires, graduates from specific fields can renew it for another 17 months. My adviser said, however, that if a GC application is pending at the time you're applying for an extension, you might have a difficult time getting it.

I'm not sure about the timeline. By the time you get your card, it's been already 60 days or maybe more since the time you have applied. But you just received/approved for the benefit. So I'm not sure if you still have to wait to be on the safe side. Ask this to the lawyer.

I'm applying for OPT next week and if everything goes well, then I should get my card in about 60 days. Hypothetically, if I submitted my paperwork for OPT tomorrow, May 8th, I would probably get the OPT card by July 8th (though it will be valid only in August). This means that I can safely send the paperwork to KCC in July and not wait 90 days AFTER the first day the OPT becomes valid. I thought I would have to wait until the end of October to file the DS/DSP forms. Does this make sense?

I have a question about police certificates. Everywhere I look, everyone keeps saying that you need to get a police certificate from every location (at home or abroad) in which you lived for more than 6 months. On the DV website, it's clearly stated that you need a police certificate from a foreign country only if you lived in that country for over 12 months. I really have no idea what to do now. My husband lived in a different European country than our home country for 7 months (at least 10 years ago). It would be a hassle to get the police certificate from there, and I can't guarantee I can get it 6 months prior to a potential interview date. So, what do I do? 7 months = under 12 months, so he shouldn't need the police record. But many people all over the web insist that the rule is 6 months for ALL situations.

 

[Zodiaco]

So you are aiming for June 2014?

22XXX became current in April this year. If that happens next year too, and you do AOS, you have a chance to have an interview in June, but how high or low that chance is anybody's guess.

As it was discussed on many occasions in the forum, going abroad for CP on J1 and not getting GC poses some risk. But it depends on many factors regarding the person's history, the country he/she is from, visa practices of the particular consulate/embassy, even the impression one leaves on the consular officer or CBP officer at the airport. So the choice is yours.

Thank you, I am aware of this. However, my thought is, that if I do AOS and get an interview for June 2014, I can get the work permit and parolee and start residency, whereas if I do CP I can not. At least this is what I think, but who is able to give me more infos? Are there specialists out there who really KNOW this DV stuff? I don't care, if odds are better to get the GC via CP, I will fly down to Germany or Romania in a blink of an eye.
Another question: If I decide to do CP, I go to the Embassy in Frankfurt and it gets rejected, can I return to the US on my J1?
Thank you.

 

[Zodiaco]

I'm assuming 212e is the HRR, in that case OP is not subject to that.

Yes, 212e is the HRR.

 

[Gina_g]

Another question: If I decide to do CP, I go to the Embassy in Frankfurt and it gets rejected, can I return to the US on my J1?
Thank you.

If you do not succeed in getting the green card, your J-1 visa may be taken away (which means you might not be able to return to the US). I think many others will confirm this.

 

[aos13]

I agree with Sm1smom, your sister should stay away from EAD. Her number is high, in case she does not get a GC,

Ok let me rephrase that, this year Asia is not even close to 13xxx yet but last year this time it was like 30k or 40k, so every year is different. And regardless of my number I would stay away from EAD.

 

[aos13]

Congratulations to those selected!

I have a few questions. I was selected for further processing CN:AS13xxx. I also see that there is another person with a similar case number. I am on G-4 visa status and it will expire in November next year. After reading the comments in the thread it seems that maybe the CP will be faster. Has anyone had any experience or know about the process for AOS with a G4 visa? Is it advisable to do AOS or CP? The CN also seems to be quite high and I feel that it will only be currently probably next year.

Also, I notice that the DP forms ask for the parents information, and it asks whether we would like our parents to join us. Does this mean that the parents will also be called for an interview once the date is current?

In regard to police reports, I understand that we will need police reports from all countries we stayed for more than 6months since age 16? Thanks!

Let me save you a lot of time, G4 visa is nothing like the F,H,J visas we are familiar with. So you should really talk to a competent immigration lawyer before taking any steps.