Yes, I know it complicates your situation, that's why I wrote it. I mean, not to complicate your situation
but to let you know what's ahead. Yes people send DSP-122 right away, and yes you may have to wait. There have been people in similar situation, arriving in US around September on a visa and waiting until January or so to start the process.
Everything you say makes absolute sense. I just checked several resources and most state that at least 90 days must pass before you apply for a change of status. I entered the US in 2007, so I've been in the US for 6 years on F1. That's more than 90 days; however, I'm considering the OPT to be in a different category than F1 (even though it's an extension of F1). It's basically a work permit based on the absence of intent to remain in the US and mine will become valid on August 1, 2013. This means then that it would be safer for me to wait until November 1st (after 90 days) to start my GC application with KCC. Am I understanding this correctly? I hope my reiterating the same thing over and over again doesn't look like I'm going in circles.
I'm just trying to ensure I understand the potential caveats. When I consult my lawyer, I also want to make sure I know what kind of questions to ask.
Maybe you are still in shock, but, you won the lottery, you hit the jackpot!
You are almost there. Yes there is nothing guaranteed yet but your chances of getting GC is a lot higher than not.
I really hope so. Everything seems so surreal right now. I know the process is extremely difficult and just winning the lottery is not a guarantee that at the end of it all I'll have that precious card in my possession. Being the pessimist that I am, I actually expect everything to fall apart. I was so excited yesterday but as
VK1982 put it...the more I read about the process, the less hope I have and the more anxious I seem to become.
Welcome to immigration in US. Simple answer is you have to maintain your
current status, until, well, you change your status.
By your logic (which is totally fine) people with F1 should've been deported just for entering the lottery.
Oh, you're so right. I came across a post by an immigration lawyer saying that just applying for the DV lottery is not considered "intent to remain in the US"; starting the application process is what actually violates the non-immigration status. This logic boggles my mind a bit, in that they say F1 students are eligible to apply for the lottery. Yet if F1 / OPT people are selected, they are warned that their GC application might be denied due to the violation of their non-immigrant status, not to mention that these people might also incur the possibility of either deportation or losing their status for good.
Umm, cancel that appointment? You are about to apply for OPT and you are getting ready to tell them you'll go for AOS. What do you think will happen? Now, understand that I'm not telling you to deceive anybody, that would be the worst thing to do of all possible actions. But as you said, OPT is most important to you right now. So your bona fide intention is to get that benefit as it will provide the experience of working in a job related to your degree, which is exactly what OPT is for. Do not complicate things for yourself. Consulting a competent immigration lawyer is a good idea.
Btw, cancel which appointment? Do you mean not starting the GC application with KCC yet? You're right, applying for OPT and applying for a GC at the same time is an extremely bad idea (given the current immigration laws). As I said, I'm just worried that applying later with KCC may delay my case. Given my high case number, I guess I just want to make sure I take advantage of everything as soon as possible. I've started looking for immigration lawyers in my area and I plan on choosing someone who has great recommendations (from friends and acquaintances who needed their services).
I never tell people what to do, everybody's risk assessment is their business, only thing I can say is that if I were in that situation, I would wait to send DSP-122. Since your country's quota is not extra low, you should be fine. If it were in two digits, I'd say buy your airline ticket.
Thank you for your advice,
aos13. I'm inclined to approach the process the same way you suggested. OPT is an immediate priority for me. Also, given my high CN and the fact that I have until September 2014 to finalize the GC application, I think it's best to delay my GC application for at least 3 months after I get my OPT.
This forum is so invaluable to me. Yesterday I knew NOTHING about the process....Now, look at me! Thank you!