Yes, sliew, please enlighten us. Looking at the spreadsheet, you sent your AOS packet in October and since you said you graduated in December, I would have thought that you'd be in that transition phase where you are covered because you have pending case with USCIS. What exactly did the officer say? I can see how if for some reason the AOS is not approved, and you haven't been maintaining your status (it's been 3 months since graduation and you are not on OPT either) it might be a tricky situation.
DV 2014 AOS Only
- Thread starter Sm1smom
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Hi Smm1smom,
That google docs really helped for those doing AOS. Do you have something for those doing CP? I know some steps are similar but I would love something detailed for those applicants doing CP. Thanks!
vladek15425
Well-Known Member
I doubt that there is any spreadsheet for CP applicants ! But if you have any request about CP you can post on other threads, but even here som1moms will still help you tjoma!
Sm1smom
Super Moderator
Did the IO tell you why your case was denied? If you sent in your I-485 and got the acceptance notification before you graduated, you were definitely not out of status as at the time of your interview.
It seems to me like what the IO meant by asking you about the OPT based EAD card is that you could would have been able to remain in the US and continue working if you had applied for OPT.
I'm sorry your GC application wasn't approved.
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Sm1smom
Super Moderator
Thanks for the compliment regarding the AOS spreadsheet.
Unfortunately, I don't have anything similar to that for CP. IMO, the CP steps seem quite straight forward enough, the slight difference seem to be country/embassy specific requirements. So unless someone from each country wants to put together such a spreadsheet listing their country requirements, I don't think a single spreadsheet will be of use to everyone doing CP. A couple of the threads already have some sort of timeline spreadsheets they're putting together for their embassies/regions though.
Unfortunately, I don't have anything similar to that for CP. IMO, the CP steps seem quite straight forward enough, the slight difference seem to be country/embassy specific requirements. So unless someone from each country wants to put together such a spreadsheet listing their country requirements, I don't think a single spreadsheet will be of use to everyone doing CP. A couple of the threads already have some sort of timeline spreadsheets they're putting together for their embassies/regions though.
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The IO made a mistake. He was in status when his case was accepted.
sliew,
You were in status. If that was the reason for denial, don't give up. Get a good lawyer and fight it out.
I'm not surprised that the IO was clueless. It's Oklahoma city after all. Still doesn't mean they can apply the law as they wish.
sliew,
You were in status. If that was the reason for denial, don't give up. Get a good lawyer and fight it out.
I'm not surprised that the IO was clueless. It's Oklahoma city after all. Still doesn't mean they can apply the law as they wish.
Bramb90
Member
I guess his decision was based upon the fact that as of today you are out of F-1 status. However, it still doesn't make sense to me. If you applied for AOS, your status should have been pending... I guess they want to see that you maintain your status until the interview. I am sorry to hear it ended up like that.
Bramb90
Member
I agree with you. The IO must have been completely clueless on how it works.
Bramb90
Member
I am currently on first pre-completion OPT(I applied for OPT before but I am now enrolled in a new university). My current OPT will expire towards the end of April. I applied for my new EAD (second pre-completion OPT) end of January, got approved and received the card last week. I am on the spreadsheet. I will become current in May; I am waiting for the last documents to come in and I'll file probably next week!
Britsimon
Super Moderator
Based on previous posts, he was working without authorisation and being aid cash in and. Do you think that might have caused some of the issue?
Sm1smom
Super Moderator
I suspect that played some role in the denial. Plus I'm not quite sure what the OP presented in terms of financial package.
I initially thought the denial had to do with his status, but then I remembered he had posted about working in a Chinese restaurant and being paid in cash, hence my asking him if he was willing to share with us precisely what the IO gave as the reason for the denial. Without him shedding more light on precisely how the interview went and what transpired between him and the IO, all we can do is speculate.
I initially thought the denial had to do with his status, but then I remembered he had posted about working in a Chinese restaurant and being paid in cash, hence my asking him if he was willing to share with us precisely what the IO gave as the reason for the denial. Without him shedding more light on precisely how the interview went and what transpired between him and the IO, all we can do is speculate.
Based on previous posts, he was working without authorisation and being aid cash in and. Do you think that might have caused some of the issue?
Britsimon
Super Moderator
True. I also think having something to hide may sometimes cause a person to come over as a person with something to hide - and that probably raises issues...
Sm1smom
Super Moderator
Yep! true dat!!
Most applicants seem to be of the opinion that once they qualify, then they will be approved, they do not realize that the IO is not obligated to approve their petition. If there's a slight doubt in the IO's mind while going through your documents and you appear 'shifty' during the interview, that's all the excuse the IO needs to deny the petition.
I've always encouraged people to cross their i's and dot their t's! Technically, a person with an expired visa is considered to be in "pending status" if their petition is received by USCIS and an acceptance notice is sent out before the visa expires. However, some IOs do not seem to be aware of this, especially for those in F visa status. Yes, one could sue USCIS if they fall within this category, but for a DV petition which is time sensitive, there just may not be enough time for the court to adjudicate such cases before the FY is over. The solution really is to extend the current visa status before sending the I-485.
Hi there
Having read what has transpired, I was also thinking, maybe, the denial has something to do with the financial documents and/or unauthorized work rather than status (if said work is done before EAD arrival). It seems he received his EAD early December (before he officially graduated) so he may still have been in pending status. If, in fact, the denial was based on the status, he has excellent chance to get his case reopened; lawyers know how to handle this, usually there is no need for a court case. If it is denied based on other things, than that's pretty much it, unless he is given some kind of a RFE. In any case, I'd say he should immediately talk to a competent immigration lawyer (at least to understand his current status if not the DV chance; AFAIK he is out of status and should leave right now).
Also, do not take advise from international office people for DV cases, they simply don't know enough. They can happily tell you to get your DV EAD without understanding the consequences. It is always a good precaution to maintain your F status until the day of the interview.
Sm1smom
Super Moderator
Hi there
Having read what has transpired, I was also thinking, maybe, the denial has something to do with the financial documents and/or unauthorized work rather than status (if said work is done before EAD arrival). It seems he received his EAD early December (before he officially graduated) so he may still have been in pending status. If, in fact, the denial was based on the status, he has excellent chance to get his case reopened; lawyers know how to handle this, usually there is no need for a court case. If it is denied based on other things, than that's pretty much it, unless he is given some kind of a RFE. In any case, I'd say he should immediately talk to a competent immigration lawyer (at least to understand his current status if not the DV chance; AFAIK he is out of status and should leave right now).
Also, do not take advise from international office people for DV cases, they simply don't know enough. They can happily tell you to get your DV EAD without understanding the consequences. It is always a good precaution to maintain your F status until the day of the interview.
Hey stranger!
I've always been a big supporter of "maintain your F status until the day of the interview". Yes, there may not always be need for the case to end up in court because lawyers know how to handle situations like this, however if USCIS is determined to frustrate this case, they can drag their butts on making a final decision until the FY is over, and there's nothing a lawyer can do once that happens. It's not a situation a DV applicant wants to find him/herself. In this OP's case, well he's got nothing to loose at this stage, so he might as well explore that option if indeed his denial was based on status.
Hi there
Having read what has transpired, I was also thinking, maybe, the denial has something to do with the financial documents and/or unauthorized work rather than status (if said work is done before EAD arrival). It seems he received his EAD early December (before he officially graduated) so he may still have been in pending status. If, in fact, the denial was based on the status, he has excellent chance to get his case reopened; lawyers know how to handle this, usually there is no need for a court case. If it is denied based on other things, than that's pretty much it, unless he is given some kind of a RFE. In any case, I'd say he should immediately talk to a competent immigration lawyer (at least to understand his current status if not the DV chance; AFAIK he is out of status and should leave right now).
Also, do not take advise from international office people for DV cases, they simply don't know enough. They can happily tell you to get your DV EAD without understanding the consequences. It is always a good precaution to maintain your F status until the day of the interview.
Welcome back
And +1.
Sm1smom
Super Moderator
Go with the correct spelling, which I assumed is what is listed on their passports and your birth certificate.
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