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DV 2014 AOS Only

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Selectee from AF

Hi all,

I'm new on the boards. I was selected yesterday and my number is AF00008xxx charging to Tunisia.
I'm now in the process of preparing form DSP 122 and sending the $330. Since I'm in the US on H1B I'll be going through AOS once my number is current.

Congrats to all selectees and good luck with the process to come.
 
Hi all,

I'm new on the boards. I was selected yesterday and my number is AF00008xxx charging to Tunisia.
I'm now in the process of preparing form DSP 122 and sending the $330. Since I'm in the US on H1B I'll be going through AOS once my number is current.

Congrats to all selectees and good luck with the process to come.

What ? You don't have any question ?? That'll be the day!

Congrats :D
 
Intent is rather an important concept when it comes to immigration. Without mambo jambo, let me give an example: you apply for OPT, you get your OPT, immediately following weeks you apply for AOS. This shows clear violation of your nonimmigrant intent. USCIS assumes you maintain your nonimmigrant intent when granting you ANY nonimmigrant benefits. If you receive a nonimmigrant benefit (OPT, a new I-20, F/J renewal etc.), you have to show that you are bona fide using that benefit for its intent, and not just for lengthening your stay in order to apply for immigration. So what to do? There are no clear rules but usually people wait for a month or two before taking any steps towards immigration. So you really take that job and start working during your OPT, you enroll in that school and start attending your classes, you do that for couple of months, and hopefully USCIS will not deport you when you apply for immigration. You basically have to be convincing that you really care about that job or about that degree. Otherwise do not apply for that benefit, and it is best to go back to your country.
This does complicate my situation, indeed. I'm applying for OPT next week and should have it by August 1, 2013. Does this mean I should wait until September or October to start the application process for the GC? I noticed that most people send their documents to KCC immediately after the NL or in the first month of being notified. If I fill out the forms and pay the fee so late (that is, in September or October), will that be a disadvantage as opposed to sending everything right now or by the end of the month? I can't afford to lose my OPT, obviously, as I don't want to rely solely on the lottery to gain permanent residency.

This is rather confusing to me. OPT grants me the opportunity to work in my field for a year. If I find a more permanent job, then the employer is supposed to file for an H1 or GC on my behalf. Everyone on OPT is looking for a change of status, which theoretically violates the intent. I wonder, what makes the DV visa different from being on OPT and looking for a permanent job? Both show intent to remain in the US, unless I'm not looking at this from the right angle.

Should I wait to get my OPT in the mail first and then start my GC application with KCC?

Thank you, aos13, for pointing out all the potential issues someone with my status may encounter during the application process. I have scheduled a meeting with my local USCIS on Monday morning to get more specifics about the AOS process. I'm also considering the option of consulting an immigration attorney, though I'm not sure how much they can tell me about the CP vs AOS.
 
This does complicate my situation, indeed. I'm applying for OPT next week and should have it by August 1, 2013. Does this mean I should wait until September or October to start the application process for the GC? I noticed that most people send their documents to KCC immediately after the NL or in the first month of being notified. If I fill out the forms and pay the fee so late (that is, in September or October), will that be a disadvantage as opposed to sending everything right now or by the end of the month? I can't afford to lose my OPT, obviously, as I don't want to rely solely on the lottery to gain permanent residency.

Yes, I know it complicates your situation, that's why I wrote it. I mean, not to complicate your situation :D 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.

I can't afford to lose my OPT, obviously, as I don't want to rely solely on the lottery to gain permanent residency.

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.

This is rather confusing to me. OPT grants me the opportunity to work in my field for a year. If I find a more permanent job, then the employer is supposed to file for an H1 or GC on my behalf. Everyone on OPT is looking for a change of status, which theoretically violates the intent. I wonder, what makes the DV visa different from being on OPT and looking for a permanent job? Both show intent to remain in the US, unless I'm not looking at this from the right angle.

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. :rolleyes:

Should I wait to get my OPT in the mail first and then start my GC application with KCC?

Thank you, aos13, for pointing out all the potential issues someone with my status may encounter during the application process. I have scheduled a meeting with my local USCIS on Monday morning to get more specifics about the AOS process. I'm also considering the option of consulting an immigration attorney, though I'm not sure how much they can tell me about the CP vs AOS.

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.

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. :)
 
Haha! Thanks AOS13. Congrats to you too (although a bit late)

I've seen all the great advice you've been sharing. Maybe later in the process I will in fact need your expertise :)

For now I'm crossing my fingers for the coming bulletin.


What ? You don't have any question ?? That'll be the day!

Congrats :D
 
Hi to everybody! Congrats to all winners and good luck with your next steps!
So I got selected with a CN 2014EU000406xx, I am from a country that last year got 100 GCs. My "problem" is that for the last 2 years I work in the US with a J1 visa. So if I go ahead and apply for a GC the risk of never getting an interview and then denied the renewal of my J1 status is high. Yesterday I was so happy but as I become more familiar with the whole process I become more and more pessimistic...I can renew my J1 this Sept 2013 for another year. So (plz correct me if I am wrong) if I decide to go ahead with the GC application I should do that after Sept. But then again if I don't get an interview that will be the end of my J1 status next year (2014). Do you think the risk is too high? From the stats I saw that Europe gets as high up as 40k but no more than that...
 
Hi to everybody! Congrats to all winners and good luck with your next steps!
So I got selected with a CN 2014EU000406xx, I am from a country that last year got 100 GCs. My "problem" is that for the last 2 years I work in the US with a J1 visa. So if I go ahead and apply for a GC the risk of never getting an interview and then denied the renewal of my J1 status is high. Yesterday I was so happy but as I become more familiar with the whole process I become more and more pessimistic...I can renew my J1 this Sept 2013 for another year. So (plz correct me if I am wrong) if I decide to go ahead with the GC application I should do that after Sept. But then again if I don't get an interview that will be the end of my J1 status next year (2014). Do you think the risk is too high? From the stats I saw that Europe gets as high up as 40k but no more than that...

Do you mean 100 selectees or 100 visa numbers? It is pretty low. :( How badly do you want to stay in US? Is going back to your country in September and potentially not coming back an option for you?
 
Hmmmm- well I was looking at the Visa Bulletins to get an indication of when an CN OC number in the 2000's would likely go current and I didnt see any that had a number higher than 1250. So Im thinking that a number over 2000 is high? Maybe Im wrong???

Hi all :) I am Australian and my case number is 2014OC00000XXX between 200-400
 
OK, here is the number of visas that were actually given in years:

http://www.travel.state.gov/pdf/FY12AnnualReport-TableVII.pdf

Compare it to the "number of selected entrants for recent DV programs" on this page for a given year:

http://travel.state.gov/visa/immigrants/types/types_1322.html

And you'll have some idea how many people are selected and how many actual visas are given typically for your countries.

If you think your country's quota is low, then you'll need to make decision about AOS vs. CP.

Now, just because the quota is low does not mean that all interviews will be scheduled and all visas are gone in October. People still have to wait until their numbers become current.

Also, if your number is 40XXX and everybody who got selected from your country end up being 41XXX, guess what, you are first! :) (chances of this happening is close to zero for a lot of countries, I am just giving an example). High case number does not give you much information simply because you have no idea of the case numbers of your fellow countrymen. Given similar case numbers, if all of you end up applying in the same month, then CP has clear advantage over AOS.

So it is really hard to guess chances. In general, higher case number is riskier for a low quota country. That's all.
 
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Do you mean 100 selectees or 100 visa numbers? It is pretty low. :( How badly do you want to stay in US? Is going back to your country in September and potentially not coming back an option for you?

Well my work is here and I am planning to get my residency here so it will be quite a blow if I won't be able to renew my J1 in case of GC failure...
 
Yes, I know it complicates your situation, that's why I wrote it. I mean, not to complicate your situation :D 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. :rolleyes:
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! ;)
 
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EDIT: sorry only saw your last post after I put in mine. Thanks very much! Looks like I will be good hopefully.


Hmm. That is a bit tricky. I am indeed in the gap cap, but I am not sure if it has expired or not. Technically it was supposed to expire September 2012 - with the understanding being that I would be given an answer for my H1-B petition until then. Due to backlogs that are totally out of my control, I still haven't received an H1-B answer 9 months in. I asked my college who issued my OPT about it, and they said that it is fine - I am considered in status as long as I am waiting for an official response. The trouble is I don't really have any kind of document to show all of this - I have something signed that shows I got the gap year extension, which is the best I can give.

Yes, this is quite muddled lol.

But what is the first step in all of this - who do I call or who do I visit to start my application?

I was in a similar situation as you. Are you on waiting for H1B approval for this year? Meaning you applied last year? in around 2012 April? I didnt send in the ds122 until i got my h1B approval in my hand. Which was in october 2012.
My application somehow just disappeared... Anyway, i would give uscis a call(about 30 minute wait) And have your petitioner(employer) around to give you authorization to ask about your case. Mine was supposed to be all done in august, and it was not, so i called them and magically 5 days later I got approved.

Like aos13 said, you are in status until you get your denial or approval. If you get denied you will have to leave the country, so i would wait until i send your response to KCC.
 
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?
Yes. 90 days is not cast in stone, but sounds good.

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.
The process itself is pretty easy actually, it's the decisions that are difficult. :D Please enjoy your good fortune, it's only day 1, you'll have plenty of time to make decisions, and absorb all the information. Rushing to any decisions is not good.

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.
See, that's a lawyer not very competent in that particular matter. GC application will not be denied simply because F1, unless, as I said, they got their F1 last week or so :) And they will certainly continue their F1 status if GC is rejected, assuming that they did not apply for any immigration benefit. Whether they can renew their visa outside the US is questionable though.

Btw, cancel which appointment?
I am assuming you got an infopass for your local FO to ask them about AOS. Well, postpone that a little. :)

Given my high case number, I guess I just want to make sure I take advantage of everything as soon as possible.
Again, your country's number does not look bad at all, so don't get into this mindset that you don't stand a chance.

This forum is so invaluable to me. Yesterday I knew NOTHING about the process....Now, look at me! Thank you! ;)
Yeah, none of us became "experts" :p because we had free time and it was fun... Wait til your interview, you'll think you are a regular lawyer. :)
 
The process itself is pretty easy actually, it's the decisions that are difficult. :D Please enjoy your good fortune, it's only day 1, you'll have plenty of time to make decisions, and absorb all the information. Rushing to any decisions is not good.
Thank you, aos13, for your encouragement. I'm trying to keep a cool head and be patient. By the way, are you one of the lucky selectees for 2013? Your username suggests that you applied or intend to apply for AOS for DV 2013. :eek:

I am assuming you got an infopass for your local FO to ask them about AOS. Well, postpone that a little. :)
Yeah, I just cancelled the meeting. My next move will be to get a great lawyer and find out what they advise (before I do anything).

Again, your country's number does not look bad at all, so don't get into this mindset that you don't stand a chance.
Thanks for providing those links. I just checked the stats and they look pretty good. In 2012, there were about 1300 selectees from my country and almost 600 received a GC. This looks good, right? Looking at previous years, it seems about 40-50% selectees from my home country get the GC.

Yeah, none of us became "experts" :p because we had free time and it was fun... Wait til your interview, you'll think you are a regular lawyer. :)
;) I hope by the end of this I'll be an expert with a visa in my pocket. :)
 
Thank you, aos13, for your encouragement. I'm trying to keep a cool head and be patient. By the way, are you one of the lucky selectees for 2013? Your username suggests that you applied or intend to apply for AOS for DV 2013. :eek:

I have a card with my name on it. It's green. It's my preciousssss :p

Your country stats look good, don't worry too much.
 
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Cool, cool - things are coming together, logic wise.

I might mail in my package tomorrow or early next week.

Just to be sure, the main things that we need to send (for AOS only) are:

- Completed DSP-122 Form
- $330 Check for Diversity Visa
- 2 Green Card Photos
- Self-addressed return envelope

That about right, or have I missed something?
 
Cool, cool - things are coming together, logic wise.

I might mail in my package tomorrow or early next week.

Just to be sure, the main things that we need to send (for AOS only) are:

- Completed DSP-122 Form
- $330 Check for Diversity Visa
- 2 Green Card Photos
- Self-addressed return envelope

That about right, or have I missed something?
I don't have those lists memorized, reading the AOS 2013 thread will give you tons of information. Keep in mind the check and the form go to different places.
 
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