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DV 2014 AOS Only

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beyu said:
Hi, hustle_ambtion6
I'm in a same situation. I will finish my school in this December.
Like Sm1smom replied to you, I think it is OK to aply OPT before sending I-485.
From my understanding, I should fill out the form for OPT in September and October which is 3 or 2 month ahead of time of our graduation. Then we can be in the US with valid F1 visa with OPT after our graduation.

I have questions what is the notification letter? Are there 2 kinds of letter NL and 2NL?
I received e-mail with 2 attachment files at August 1. It was about the Fee $330.
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The letter you saw, informing you that you've been selected for further processing, when you checked the ESC website with your confirmation number is your 1NL. For those doing AOS, your 2NL is one of attached documents (the 2nd attachment is the payment receipt) you receive with the email confirmation from KCC.
 
Hi Sm1smom,

Thanks for your responses, they've been so helpful.

My husband's company is in the process of filing his Green card. They are at the stage where they are getting approval for Labor Certification. According to the timeline provided by his employer he should be getting the green card before the end of next year if all goes well. On the other hand I win the lottery this year with a very low CN... 2014AF0001xxx and according to the USCIS I could get my Green card before the end of the year. I want to go ahead and process for the both of us but my husband is worried that having his name pop up in 2 places may become an issue. Do you have any insight for this kind of situation?

Thanks again!
 
There's no issue with having 2 GC applications in the system, one is DV based, the other is employment based. He's got nothing to worry about.

With your very low CN, you will most likely get yours before the employment based one comes through. My suggestion would be to proceed with the DV one (with him as your derivative). Once you guys have your DV based GC, you can withdraw the company sponsored application from the system. The good thing with the DV based application coming through first is that your husband is free to leave his current employer (if he chooses to) right away. For the employment based GC, if the employee is not happy with the current employer, he is ethically required to stay with the employer for about 3 - 6 months following the receipt of his GC. If your husband does not work for your employer at all, or only work for a short period of time, this could cause USCIS to question whether he actually intended to work for the employer.

Of course this question isn'tlikely to come up until he applies for citizenship. USCIS may check to see if the employee worked for the employer in order to determine whether fraud was committed during the your green card application process. But as long as an employee worked for the employer for some period and can give a reasonable explanation for leaving the position, the fact that he/she did not stay with the employer for a long periond should not be a bar to receiving citizenship.

Now, it may seem like I digressed a bit :rolleyes:, I just wanted to paint a clearer picture of how you could convince your husband about the necessity of proceeding with this application with him as your derivative.


tuto said:
Hi Sm1smom,

Thanks for your responses, they've been so helpful.

My husband's company is in the process of filing his Green card. They are at the stage where they are getting approval for Labor Certification. According to the timeline provided by his employer he should be getting the green card before the end of next year if all goes well. On the other hand I win the lottery this year with a very low CN... 2014AF0001xxx and according to the USCIS I could get my Green card before the end of the year. I want to go ahead and process for the both of us but my husband is worried that having his name pop up in 2 places may become an issue. Do you have any insight for this kind of situation?

Thanks again!
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Thank you...

Sm1smom said:
If your wife's status changes between when I-485 is sent and interview time, all you need to do is attend the interview with the prove of new status and bring it to the attention of the IO at the time of the interview. No need to send in an I-485.
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AOS: Number Current, When to file I 485

My number is current in September bulletin for DV2014. Do I need to wait till October 2013 to file I-485, or can I send it now. All my papers are ready now. USCIS is telling me a different story every time I call. Multiple representatives told me to send it now, a supervisor told me to wait till October 1st 2013. I read instances where people send it before October and had to pay the fees twice.

Please advise.
 
faith2014 said:
My number is current in September bulletin for DV2014. Do I need to wait till October 2013 to file I-485, or can I send it now. All my papers are ready now. USCIS is telling me a different story every time I call. Multiple representatives told me to send it now, a supervisor told me to wait till October 1st 2013. I read instances where people send it before October and had to pay the fees twice.

Please advise.
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Typical USCIS with conflicting responses :rolleyes:

I would suggest waiting till the end of Sept, then send the package to arrive on Oct 1st. A quick correction though, people do not pay the AOS fee twice if the package is rejected by USCIS, it's only the mailing cost that has to be paid again.
 
faith2014 said:
My number is current in September bulletin for DV2014. Do I need to wait till October 2013 to file I-485, or can I send it now. All my papers are ready now. USCIS is telling me a different story every time I call. Multiple representatives told me to send it now, a supervisor told me to wait till October 1st 2013. I read instances where people send it before October and had to pay the fees twice.

Please advise.
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I would send by FedEx on October 1st early morning. If it arrives before October 1st, it would not be accepted. They have only one line for DV documents. On October 1st it switches from DV-13 to DV-14. If they receive it before, it would go to a wrong queue.
 
BTW, you could also send your documents on October 1st if your number is current on November 1st. But if your number is current on December 1st, you have to wait until November Visa Bulletin comes out before October 15th and proves in the advance notification section your number is current on December 1st. Only then you can file your I-485 form.
 
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Thanks for the explanation! You might have just saved a marriage...lol!;)


Sm1smom said:
There's no issue with having 2 GC applications in the system, one is DV based, the other is employment based. He's got nothing to worry about.

With your very low CN, you will most likely get yours before the employment based one comes through. My suggestion would be to proceed with the DV one (with him as your derivative). Once you guys have your DV based GC, you can withdraw the company sponsored application from the system. The good thing with the DV based application coming through first is that your husband is free to leave his current employer (if he chooses to) right away. For the employment based GC, if the employee is not happy with the current employer, he is ethically required to stay with the employer for about 3 - 6 months following the receipt of his GC. If your husband does not work for your employer at all, or only work for a short period of time, this could cause USCIS to question whether he actually intended to work for the employer.

Normally this question will not come up until the employee applies for citizenship. USCIS can look to see if you worked for the employer in order to determine whether you committed fraud in your green card application. however, as long as you worked for the employer for some period and can give a reasonable explanation for leaving the position, the fact that you did not stay with the employer long should not be a bar to receiving citizenship.


Of course this question isn'tlikely to come up until he applies for citizenship. USCIS may check to see if the employee worked for the employer in order to determine whether fraud was committed during the your green card application process. But as long as an employee worked for the employer for some period and can give a reasonable explanation for leaving the position, the fact that he/she did not stay with the employer for a long periond should not be a bar to receiving citizenship.

Now, it may seem like I digressed a bit :rolleyes:, I just wanted to paint a clearer picture of how you could convince your husband about the necessity of proceeding with this application with him as your derivative.
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You are current in October - the first month of the fiscal year of 2014, so what's the rush? :) They are not going to run out of visas in October lol



faith2014 said:
My number is current in September bulletin for DV2014. Do I need to wait till October 2013 to file I-485, or can I send it now. All my papers are ready now. USCIS is telling me a different story every time I call. Multiple representatives told me to send it now, a supervisor told me to wait till October 1st 2013. I read instances where people send it before October and had to pay the fees twice.

Please advise.
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CN current in Oct (per Sep Bulletin)

I am worried about the timeline because I'm on H4 and cannot work in the U.S. I worked in Canada this year and returned to US this month so I can do AOS. My spouse is on H1. We also have filed for extension and it's pending.

I am worried about the timeline. Does anyone have experience as to how long it has taken from the time of 485/765 sent to the time of EAD (work permit). I am wondering whether to go back to Canada and work or stay here in the meantime.

Any advise or past experiences?

fiefia said:
You are current in October - the first month of the fiscal year of 2014, so what's the rush? :) They are not going to run out of visas in October lol
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Does one get RFE for DV cases?

Once we send our I-485, is there a RFE (Request for Evidence) process in place from USCIS in case any doc is missing or any certificate is not enough (the need affidavit etc.)? Or is it all taken care of once you go for interview?
 
faith2014 said:
I am worried about the timeline because I'm on H4 and cannot work in the U.S. I worked in Canada this year and returned to US this month so I can do AOS. My spouse is on H1. We also have filed for extension and it's pending.

I am worried about the timeline. Does anyone have experience as to how long it has taken from the time of 485/765 sent to the time of EAD (work permit). I am wondering whether to go back to Canada and work or stay here in the meantime.

Any advise or past experiences?
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EAD takes about 2 months from when the application is received. You might want to be careful with traveling back to Canada while your application is pending, considering the fact that you only came to the US a short time ago. Remember AOS is for people currently based in the US, it's not intended for people who are living and working outside of US while they have an approved visa in place which enables them to live in the country. A curious CO may ask how long you were actually in the US if they notice numerous travels in and out over a short period of time. Also, bear in mind, the fact that you have an H4 visa which is admittedly a dual intent visa does not mean the IO has to approve your AOS petition.

If you're concerned about not being able to work for a couple of months, you might be better off doing CP in Canada, CP is actually a lot faster than AOS, and your spouse can take a couple of days off work, join you in Canada to do the medical exam and attend the interview.
 
dvlottery2014 said:
Once we send our I-485, is there a RFE (Request for Evidence) process in place from USCIS in case any doc is missing or any certificate is not enough (the need affidavit etc.)? Or is it all taken care of once you go for interview?
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An RFE is usually not issued before interview for DV cases. You may (or may not) be asked to bring along whatever document is missing to your interview. You just have to very attentive and over prepare for your interview by trying to cover all possible scenarios and going along with all the documents you can possibly think of and lay your hands on. However, if something is missing and the IO considers it to be vital, then he/she will not approve your case until such document(s) is/are received.
 
Thank you for your answer, Sm1smom!

Yesterday, I visited my school counselor office and talked about OPT and DV Program.
She said I can wait to submit the paper of OPT until January 20th which it the 30 after of my graduation.
My CN number is AS5XXX so I will wait and see how the next VB show the number for November.
 
Email for filling I-485

Hi all,

I am doing AOS with my wife and waiting for the email to file I-485. It seems like many of you got the email. I haven't received it yet. Is there any time frame of getting email? My number is 2014AS00003***.

Thanks for the time and consideration

Best Regards,
Sunil
 
raevsky said:
They just issued a new policy memorandum.

http://www.uscis.gov/USCIS/Laws/Memoranda/2013/August/DV-Related I-485 Applications .pdf

You already could apply if your number is current on October 1st.
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+1 Like!

The new memo allowing for early filing is a great one indeed. Because this is a newly released Memo, I woul suggest to anyone interested in taking advantage of it to ensure they include a copy of the Memo in the package they will be sending to the Chicago Lockbox.
 
This is awesome ! I'm quoting the specific text from memorandum for clarity :-

For example, the September 2013 Visa Bulletin will contain advance notification of FY 2014 DV rank cut - off numbers for October 2013. Persons having a rank cut - off number below that listed in the advance notification will be eligible to file their FY 2014 DV application immediately upon publication of the September 2013 Visa Bulletin (i.e., on or about August 9, 2013).


SO going ahead with sending the application tomorrow ! Guys - Please confirm if any doubts in this.

Thanks.


Sm1smom said:
+1 Like!

The new memo allowing for early filing is a great one indeed. Because this is a newly released Memo, I woul suggest to anyone interested in taking advantage of it to ensure they include a copy of the Memo in the package they will be sending to the Chicago Lockbox.
Click to expand...
 
If someone files I-485 and EAD when the visa bulletin is out. Is file going to be processed immediately? Or the process is going to start in the month when the CN is current?
 
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