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DV 2014 AOS Only

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In case, DV does not work out I can rely on my employer to get me my GC as they already started it. However I asked them to hold it for now as I'm going through DV. Please add your opinion on my interpretation on AOS and CP.
Which process you would follow under my circumstances. Thanks in advance.

You have a good understanding of your options. If I were you, I would follow AOS. Here is what my decision would be based on: Sri Lanka had 800 selectees last year, not a huge number, but not big risk either. The key is, I already have another path to GC. Question is whether I am willing to go back to Sri Lanka for a few weeks, when my number is current, probably April? Can I afford getting stuck there "little" longer if one of us end up in AP? With two of us working full time jobs, and a kid potentially going to school, can I take a "vacation", best case two weeks, worst case two months? What if I don't get the GC here in AOS? Well at least I'll still be here and I can still go for employment based GC. I'm not much of a risk taker I guess.
 
Two quick questions peeps

1. How will KCC email me with payment instructions? There is no place to insert an email address on the DSP-122?
2. Do I need to send a stamped self addressed envelope with the DSP-122- or just the barcode letter and 2 passport photos? Seen conflicting advice

Thanks lovelies x

1. KCC already has your email address, they will use the email address you provided as at the time of your online application.
2. No, a stamped self addressed envelope is not required with the DSP-122, just the barcode letter and 2 passport photos. I don't recall anyone in this forum though advising anyone to include a self-addressed envelope with the DSP-122 form, not sure where the conflicting advice was seen.
 
i dont think i will be getting a job after i graduate...do u thnk i might get an interview before december if i did the CP? can't i continue my AOS when looking for a job after i graduate? or..do u thnk it will help if i extend an extra semester(graduate in spring 2014) and do the AOS mean while?

do not get irritated with questions..thanks for the help though :)

I don't think your number would be current this year. So if you can't find a job you might want to go back. If you go for OPT and do not have a job, it'll be harder to show finances unless you have a bank account with an amount to satisfy the financial requirements, or a sponsor to fill I-134. You also need to check with your school DSO for how long you can look for a job on OPT. I don't think you can stay here the whole time looking for a job.

If you extend a semester, you'd still have to get your interview by May, otherwise it's the same situation again. If your number gets current in March or April (which is a bit optimistic), you can barely make it until May.
 
You have a good understanding of your options. If I were you, I would follow AOS. Here is what my decision would be based on: Sri Lanka had 800 selectees last year, not a huge number, but not big risk either. The key is, I already have another path to GC. Question is whether I am willing to go back to Sri Lanka for a few weeks, when my number is current, probably April? Can I afford getting stuck there "little" longer if one of us end up in AP? With two of us working full time jobs, and a kid potentially going to school, can I take a "vacation", best case two weeks, worst case two months? What if I don't get the GC here in AOS? Well at least I'll still be here and I can still go for employment based GC. I'm not much of a risk taker I guess.

Thanks aos13 for quick reply and explanation with the thought process. I haven't consider the case of stuck in "AP" for little while. I guess, I have to work out many other details before ruling out CP completely. AOS seems to be my risk free solution though.

Once my wife get her EAD card, Do I still have to wait 90+ days to send DS-122 and DS-230 if I'm going thorough CP ?
 
Once my wife get her EAD card, Do I still have to wait 90+ days to send DS-122 and DS-230 if I'm going thorough CP ?

Technically you are the winner, not your wife, and those forms are going to DoS for CP, not to USCIS. So chances are you'd be OK, but do not listen to me, ask a competent immigration lawyer.
 
Hey Guys,

After years of frustration with my EB petition, we are now selected for DV 2014. I have a couple of questions that I was hoping you could answer. We are planning to do AOS.

1) Do we need to contact KCC at all?
2) What is the first notification letter (NL1). Is that the status check that was available on the DV website? Or is it a letter that we will receive in the mail?
3) Do we have to wait until we receive some form of communication/notification from KCC before we can do anything? Or can we pre-emptively submit the necessary forms?
4) Do I need to be concerned with the number of selectees from my country? Would you consider our CN low enough to spare us from country cap concerns?

Thank you all in advance. I have more questions to come.
 
Another questions:

5) I am worried that we might have messed up the entry forms and that it might come back to bite our behind (I don't have any evidence for this. Just extreme pessimism). I would like to make sure my dependent information was correct. Is it possible to learn about the information that I entered in the entry forms?
 
answers in blue:
Hey Guys,

After years of frustration with my EB petition, we are now selected for DV 2014. I have a couple of questions that I was hoping you could answer. We are planning to do AOS.

1) Do we need to contact KCC at all?
Yes, you have to send DSP122 and photos to KCC.
2) What is the first notification letter (NL1). Is that the status check that was available on the DV website? Or is it a letter that we will receive in the mail?
The letter you saw on the DV web site with the barcode. You won't get anything in the mail.

3) Do we have to wait until we receive some form of communication/notification from KCC before we can do anything? Or can we pre-emptively submit the necessary forms?
Do not wait for anything.

4) Do I need to be concerned with the number of selectees from my country? Would you consider our CN low enough to spare us from country cap concerns?
What's your country?


Thank you all in advance. I have more questions to come.
 
Another questions:

5) I am worried that we might have messed up the entry forms and that it might come back to bite our behind (I don't have any evidence for this. Just extreme pessimism). I would like to make sure my dependent information was correct. Is it possible to learn about the information that I entered in the entry forms?
I don't think you can reach that information unless you saved a copy. It's worth calling KCC to ask if they can help you with that.
Unless you made a big mistake, like names or birth places, you should be fine.
 
oniaze sister

answers in blue:

Thanks pal for the response. I'd rather not share my country, just for the sake of anonymity.

Could you please provide some insight on the per country quota as I have seen people here talk about? My understanding is that the only limit is the 7% per country cap. So it seems that all countries should be limited to 7% of the total 50,000 regardless of the country. Is that not correct?

Thanks in advance.
 
Thanks pal for the response. I'd rather not share my country, just for the sake of anonymity.

Could you please provide some insight on the per country quota as I have seen people here talk about? My understanding is that the only limit is the 7% per country cap. So it seems that all countries should be limited to 7% of the total 50,000 regardless of the country. Is that not correct?

Thanks in advance.

There are two links I posted; about how many selectees countries had, and how many actual visas issued. You can look up your country from there. If the selectee number is "high" enough, like 1000 or more, I wouldn't worry much. Your CN can be current around January, so you'll have plenty of time.

7% is the highest limit for any country in any year. Every year, they recompute how many visa numbers a country can have, and that number can be anything from 0 to the 7% limit.
-------------------------

EDIT: OK, I think I was wrong to say "they recompute visa numbers for countries". What they recompute is regional quotas based on each country's past five year immigration numbers. Based on that, some countries get disqualified, and regional quotas are set. That's what the law says. But clearly, they notify different number of selectees for each country. My guess is, they do that to keep each country under a certain level of immigration considering its past 5 year immigration.

Now, the law says that these selectees compete for the regional quota, not a country quota. But the actual issued visas for a country are always about the half of the selectee number for that country. So even though there is the 7% limit, it does NOT mean a country with less than 3500 selectees is "safe". We have never seen all selectees from a country getting GCs regardless of how small the country is. This could be by design, or by statistics.

So what does this mean for somebody who is from a big number country? Probably not much. But if you are from South America where only about 1000 visas are available for 20 countries, it can mean a lot. For that kind of small numbers, you can't rely on statistics anymore such as uniform distribution or sparsity of case numbers. How low or how high your CN may not matter anymore.
 
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re:

I don't think your number would be current this year. So if you can't find a job you might want to go back. If you go for OPT and do not have a job, it'll be harder to show finances unless you have a bank account with an amount to satisfy the financial requirements, or a sponsor to fill I-134. You also need to check with your school DSO for how long you can look for a job on OPT. I don't think you can stay here the whole time looking for a job.

If you extend a semester, you'd still have to get your interview by May, otherwise it's the same situation again. If your number gets current in March or April (which is a bit optimistic), you can barely make it until May.

Thanks for the response....right now i m super confused about what to do...can you tell me in detail what should i do....do u think that after i graduate in december...go back to my country and wait till my number comes in (which might take more than 6 months) or be in OPT (science major hav 17 months duration), look arnd for job n when my number comes in, go for CP, back to my country....
thanks again!
 
Thanks for the response....right now i m super confused about what to do...can you tell me in detail what should i do....do u think that after i graduate in december...go back to my country and wait till my number comes in (which might take more than 6 months) or be in OPT (science major hav 17 months duration), look arnd for job n when my number comes in, go for CP, back to my country....
thanks again!

OK, AS9XXX means you are not getting an interview this year. That's pretty safe to assume by looking at the CN progress in the past years. Now, if this year, some surprise happens and they start processing 5K by 5K every month, then you stand a chance to get an interview by December. But it is VERY unlikely that it will happen, so don't even hope for it right now.

When the visa bulletin comes in September, we can have some idea how fast case numbers will go.

Let's assume your CN would be current in May or June (again by judging from previous year's progress). If you go back to your country in December, you'll probably get a consular interview around May or June. If you stay here, you can send your AOS application around May or June, whenever you are current, but you will not get an interview right away, it'll be around 60-90 days, so anywhere from July to September.

You can also stay here on OPT, and go back for CP when your number comes up and you get an interview scheduled. But please talk to your school DSO to find out how long you can stay in US on OPT without a job.
 
I am one of the selected DV winners with case number 2014AS00008***. I am undergraduate student under F1 visa which will expire next month. But my I20 is valid until 2015. Am I eligible to apply AOS?
 
I am one of the selected DV winners with case number 2014AS00008***. I am undergraduate student under F1 visa which will expire next month. But my I20 is valid until 2015. Am I eligible to apply AOS?

Yes if you have never been out of status before. And don't plan on traveling after you submit your forms.
 
AOS vs CP for Japan Selectee

Hi, thanks again for all the helpful information. After reading through the recent posts I have additional concerns and questions about my case, and determining if AOS is really the right choice.

My CN is AS19xxx (Japan)
I am employed under L-1B visa, my spouse is L-2 and is employed with EAD. Our visas are valid up to July 2015.

1. After reading other selectees’ posts, I have a new concern on “visas running out” for my region/country. My CN seems to be on the high side. I checked the # of selected entrants for Japan from 2012 was 435 and the # of visas issued was 216. How do I interpret these statistics to determine the likelihood that with my CN, I will be successful in getting my interview scheduled and following through with AOS? Since I will have a valid visa through 2015, I am not concerned about being out of status during the process. I am trying to understand what it means for “visas to run out” for my country.
2. Given the trends from recent years, it seems like my CN will become current later on in FY2014 (May – July 2014). I understand that AOS can take a few months. My question is, if my CN becomes current in July/August 2014 for example, the interview process and I-485 processing may not complete by 9/30/2014 as I-485 can take a few months—does this mean I will not be eligible to adjust my status to the green card? Or, as long as I can schedule and pass the interview by 9/30/2014 would I still be eligible? Does the I-485 AOS process have to complete by 9/30/2014?
3. Lastly, would you suggest CP would increase the chance of getting the green card for my case?

Your advice is much appreciated. Thank you!!
 
Answers in blue:
Hi, thanks again for all the helpful information. After reading through the recent posts I have additional concerns and questions about my case, and determining if AOS is really the right choice.

My CN is AS19xxx (Japan)
I am employed under L-1B visa, my spouse is L-2 and is employed with EAD. Our visas are valid up to July 2015.

1. After reading other selectees’ posts, I have a new concern on “visas running out” for my region/country. My CN seems to be on the high side. I checked the # of selected entrants for Japan from 2012 was 435 and the # of visas issued was 216. How do I interpret these statistics to determine the likelihood that with my CN, I will be successful in getting my interview scheduled and following through with AOS? Since I will have a valid visa through 2015, I am not concerned about being out of status during the process. I am trying to understand what it means for “visas to run out” for my country.
As I did more research, I have corrected my previous posts; there are no definite country quotas, but in every country, the number of visas issued is half or less than number of selectees in that country. This can be by design or by statistics. You'll compete for visas within your region (AS), but this may not mean 7% of all visas in that region is available to one country. We have never seen all selectees from a country getting GCs.

2. Given the trends from recent years, it seems like my CN will become current later on in FY2014 (May – July 2014). I understand that AOS can take a few months. My question is, if my CN becomes current in July/August 2014 for example, the interview process and I-485 processing may not complete by 9/30/2014 as I-485 can take a few months—does this mean I will not be eligible to adjust my status to the green card? Or, as long as I can schedule and pass the interview by 9/30/2014 would I still be eligible? Does the I-485 AOS process have to complete by 9/30/2014?

If you do AOS, you have to have your interview by 9/30/2014. If your case number becomes current in August, that would be very risky, as AOS interviews are usually scheduled in 60-90 days. Although, towards the end they may get faster in order to process everybody before deadline.

3. Lastly, would you suggest CP would increase the chance of getting the green card for my case?

CP is always faster than AOS, so for a high CN, it has an advantage.


Your advice is much appreciated. Thank you!!
 
1. KCC already has your email address, they will use the email address you provided as at the time of your online application.
2. No, a stamped self addressed envelope is not required with the DSP-122, just the barcode letter and 2 passport photos. I don't recall anyone in this forum though advising anyone to include a self-addressed envelope with the DSP-122 form, not sure where the conflicting advice was seen.

Thank you Sm1smom:) Ive been reading across lots of forums, trying to get as much info as I can but I think Im just confusing myself. Send my stuff off today!
 
re

OK, AS9XXX means you are not getting an interview this year. That's pretty safe to assume by looking at the CN progress in the past years. Now, if this year, some surprise happens and they start processing 5K by 5K every month, then you stand a chance to get an interview by December. But it is VERY unlikely that it will happen, so don't even hope for it right now.

When the visa bulletin comes in September, we can have some idea how fast case numbers will go.

Let's assume your CN would be current in May or June (again by judging from previous year's progress). If you go back to your country in December, you'll probably get a consular interview around May or June. If you stay here, you can send your AOS application around May or June, whenever you are current, but you will not get an interview right away, it'll be around 60-90 days, so anywhere from July to September.

You can also stay here on OPT, and go back for CP when your number comes up and you get an interview scheduled. But please talk to your school DSO to find out how long you can stay in US on OPT without a job.

I contacted with my School DSO, they told me I will have an OPT of 1 year (i.e. I need to find a job by then)...So i think i will be graduating in december, look for a job and mean while do the CP...but you said if i m in OPT, then I need to show my financial status or fill a form by a sponser....can you tell me more about it?
 
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