Sm1smom
Super Moderator
So the 3 texts/email messages with the 3 different receipt numbers are: one for your I-485, the remaining two for your wife's I-485 and I-765.
DV 2014 AOS Only
- Thread starter Sm1smom
- Start date
- Status
So the 3 texts/email messages with the 3 different receipt numbers are: one for your I-485, the remaining two for your wife's I-485 and I-765.
Thank You!!!
Also, I will update the spreadsheet with my case details as c1984 suggested.
Also, I will update the spreadsheet with my case details as c1984 suggested.
lookmanohands
Member
Oh, my bad, I meant positive skin test for TB, because I feel that most international people have the positive skin test, so a lot of people just go straight for Chest X-ray. Wouldn't THAT result only be valid for 6 months?
Apply AOS and OPT in the same application
First of all, I would like to thank you for this forum and all the insightful and helpful information.
I am currently with CN 2014AS00008XXX, and my I-20 will expire on 05/18/2014.
After reading the thread and based on the experience of AOS 2013, I think my number may become current on May or June 2014, about the same time that my I-20 will expire.
Therefore I would like to know if anyone have ever tried to submit I-485 AOS package together with I-765 for OPT? The instruction of I-765 (for OPT) says that "You may file I-765 together with your form I-485.", if you are planning to do so.
Or maybe its too risky, and I should apply a "pre-completion" OPT immediately and submit my AOS package only after I have successfully extended my I-20 and received my EAD card? ( Doing CP is not applicable option for me now)
Thanks for any suggestion or experience.
First of all, I would like to thank you for this forum and all the insightful and helpful information.
I am currently with CN 2014AS00008XXX, and my I-20 will expire on 05/18/2014.
After reading the thread and based on the experience of AOS 2013, I think my number may become current on May or June 2014, about the same time that my I-20 will expire.
Therefore I would like to know if anyone have ever tried to submit I-485 AOS package together with I-765 for OPT? The instruction of I-765 (for OPT) says that "You may file I-765 together with your form I-485.", if you are planning to do so.
Or maybe its too risky, and I should apply a "pre-completion" OPT immediately and submit my AOS package only after I have successfully extended my I-20 and received my EAD card? ( Doing CP is not applicable option for me now)
Thanks for any suggestion or experience.
Sm1smom
Super Moderator
When a false 'positive' result is shown following the skin test, this will be followed by the chest X-ray to confirm it was indeed a false positive, and if that is the case the medical result itself will still be valid for 1 year.
I think I just asked a similar question in page 50 with regard this suggestion.
I am wondering if its safe to apply AOS (I-485) and OPT (I-765) in the same package, since the instruction of I-765 says that for EAD Applicants Who have Filed for Adjustment of Status, "You may file Form I-765 together with your Form I-485."
I am with CN 2014AS00008XXX (may become current in May or June 2014, about the same time my I-20 expires. But my F1 expires in 2015)
Sm1smom
Super Moderator
No, you cannot submit form I-765 for OPT with your I-485 package. Submitting an I-765 with your I-485 means you're still in legal status and the EAD card that will be received will be based on the AOS application. The EAD card for OPT is based on F1 visa status, they are two different things. You cannot apply for OPT for the purpose of remaining in status and at the same time indicate you want to adjust status to that of a permanent resident. F1 visa is not a dual intent visa, applying for OPT and filing an AOS at the same time is likely to lead to a denial as you will be considered to have demonstrated immigrant intent.
You best bet would be to apply for OPT on it's own, and following its approval, wait a couple of months (even if your CN is current) before filing I-485.
It suffices to be in legal status only at the time of I-485 "acceptance."
If you are at the stage that you can file I-485, you don't need to apply for OPT just to maintain legal status. You'll be in legal status "pending I-485". Of course the risk you'll be taking up is that if for any reason I-485 is rejected, you'll lose legal status immediately with no fall back status.
The I-765 based on the I-485 is NOT the same as OPT I-765 based on I-20. If your OPT has not been granted at the time you file your I-485, you will run into a problem. Fortunately an F-1 student has 60 days of grace period after the I-20 completion date to prepare for departure or to change/adjust status.
In my opinion you should wait and not file for OPT, but be prepared to file for AOS or CP. If your DV case number doesn't seem to become current within 60 days of your I-20 completion date, you should immediately file for CP.
Do you mean I cannot input (c)(9) in form I-765 item #16 "Who May File Form I-765" and submit it along with I-485 ? In other words, (c)(9) is never applicable to foreign F-1 students in form I-765
Sm1smom and c1984, thank you!!
Based on your suggestions, the options I may have would be
(1) Apply OPT as early as possible. Wait couple months, then apply AOS on May or June 2014. --> safe.
If following this strategy, it seems that I should apply pre-completion OPT right away. I will further seek our school international student advisor's help on this.
(2) Apply AOS and bet my AOS will be "accepted" before 5/18/2014, the expiration day of my I-20. --> kinda of risky
Would it be easier if I just postpone my dissertation defense to Fall 2014, then I can just simply extend my I-20 (of course my advisor need to agree on that since he is funding me)
Thank you again for all your help and suggestions.
Hexa, thank you for your suggestion.
But since I specified "USCIS" in the DSP-122 that I have mailed to KCC (along with DS-0230), do you think its possible to switch to CP only within 60 days after my I-20 completion date
Thank you for your suggestion again.Do you mean I cannot input (c)(9) in form I-765 item #16 "Who May File Form I-765" and submit it along with I-485 ? In other words, (c)(9) is never applicable to foreign F-1 students in form I-765
Sm1smom and c1984, thank you!!
Based on your suggestions, the options I may have would be
(1) Apply OPT as early as possible. Wait couple months, then apply AOS on May or June 2014. --> safe.
If following this strategy, it seems that I should apply pre-completion OPT right away. I will further seek our school international student advisor's help on this.
(2) Apply AOS and bet my AOS will be "accepted" before 5/18/2014, the expiration day of my I-20. --> kinda of risky
Would it be easier if I just postpone my dissertation defense to Fall 2014, then I can just simply extend my I-20 (of course my advisor need to agree on that since he is funding me)
Thank you again for all your help and suggestions.
In my opinion, now that you have submitted DSP-122 (and possibly paid the DV fee) you have already shown immigration intent. If it's possible to prolong your dissertation and extend your I-20, I would say that would be your safest bet.
By the way, "accepted" I-485 is different from "approved". When you mail your I-485, it is either "accepted" for further review or if there are any problems (like not being current or missing documents) it may be returned. After "acceptance" it will take an additional 2-3 months for the I-485 to get "approved". You only need to be in legal status at the time of "acceptance" and then you're good (assuming I-485 will eventually get approved without any unforeseen problems).
Hi, c1984. Thanks again for your help.
I have not yet paid the DV fee.
My understanding is that there are two fees need to be paid.
One is a $330 DV fee, mailed separately and get a receipt.
The other is a $985 + $85 fee associated with I-495, submitted along with all I-495 forms and documents.
Is my understanding correct? Since I am a little bit confused about that.
Correct.
Visit the link in my signature to learn more about AOS (if you haven't done yet). [Credits to Sm1smom]
Sm1smom
Super Moderator
Do you mean I cannot input (c)(9) in form I-765 item #16 "Who May File Form I-765" and submit it along with I-485 ? In other words, (c)(9) is never applicable to foreign F-1 students in form I-765
Yes, you can select (c)(9) as the basis of submitting I-765 and submit it along with I-485 provided you're still in status and for as long as you're not trying to use the I-765 to extend your status as in applying for OPT. Students in F1 status (whose I-20 isn't about to expire) have done so in the past without any problem, that is not the same in your case. The only issue with F1 students doing so is that once they receive the EAD card and they use it to secure employment, they're no longer in F1 status, and if for some reason their AOS is denied, they will have to leave the country, they cannot revert back to F1 status.
Absolutely very very risky! There's no guarantee your I-485 package will be at the "acceptance" stage by the time your I-20 expires. Heck, with the way the CNs are currently going, there's no guarantee as to when your CN will be current. Also be aware that while it is technically true that once your AOS package is at the acceptance stage, it doesn't matter if your I-20 expires before the interview; approval of the AOS application not a right. The approval is at the adjudicator's discretion and they have been known to give extra scrutiny to AOS packages submitted by F1 visa holders. I therefore wouldn't go with the option of not applying for OPT and allow my F1 status to expire if I was in your shoes.
Could end up being a risky move IMO. You will need to contact update your forms and inform KCC you plan on doing CP. You may not have enough time for KCC to process your forms, send them to your home embassy and for the embassy to schedule your interview before the FY is over.
Your best course of action would be to delay your graduation by extending your I-20 as suggested above.
If you can somehow delay your graduation date, it would be the safest route by far. You'll get a new I-20 with a new completion date, so you can submit the I-485 when the time comes without any worry.
You can file for post completion OPT 90 days before I-20 completion date. While some say it only takes a month or two to get the OPT EAD card, it's entirely possible that the process takes longer. If it gets into June and your OPT hasn't been approved, sending the I-485 will most certainly complicate matters. Delaying the submission of I-485 is a bad idea when you get closer than 90 days from the September 30th deadline. That's why I suggested CP when you get that close.
You can file for post completion OPT 90 days before I-20 completion date. While some say it only takes a month or two to get the OPT EAD card, it's entirely possible that the process takes longer. If it gets into June and your OPT hasn't been approved, sending the I-485 will most certainly complicate matters. Delaying the submission of I-485 is a bad idea when you get closer than 90 days from the September 30th deadline. That's why I suggested CP when you get that close.
Thanks Hexa, a lot of your posts have been very helpful; especially this one. My CN is 35XX from ASIA, and I postponed my graduation until next semester hoping my CN will be current this month or the next. With the current progress with Cut off CNs, my CN seems to be current in March / April. I will graduate in May again. Should I consult my school for graduation this semester (as my graduation in May will be around time of my CN being current)? I mean, should I apply for OPT this time or in May? I have already sent DSP stuffs and $330.
Your opinion means a lot. Thanks in advance.
Thank you mom and Hexa. I will talk to my advisor to discuss delaying my graduation and extend my I-20.
If I cannot extend my I-20, I may consider doing CP as backup plan. I found several people from my country sharing their CP experience, and it all went well and smooth.
To change from AOS to CP, my understanding is that I need to notify KCC in written that I want to change my application and have it to be processed in the US Consular office (in my home country), instead of USCIS (which now I specified in DSP-122). Is it correct?
Thanks again for suggestions.
You're most likely right on this. I did some additional research on this, and Military Record doesn't seem to be required for AOS applicants
I have follow up question with regard civil documents preparation.
In the Instructions for Selectees page, the following documents are also mentioned: Marriage Certificate and Police Records.
However I did not see these two documents listed in the I-485 instruction. Does this mean they are also not required for AOS ?
( To avoid any possible risk, I may ask my families in my home country to prepare all documents. )
I am principal applicant, and my wife is applying AOS as F2 dependent.
Thanks again, mom and c1984
- Status