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DV 2015 AOS Only

Ifitis2be said:
Yes mom, not with an attorney, but I did confirm that we need to submit the following additional forms: I-360, I-508 and I-566. Posting this list in case it serves someone else on a G4 visa like us.
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Yeah, those are the forms I earlier on listed out for you. I just wanted tone sure you double checked on that.
 
Hi all,

New to this site (and all things DV) so would very much appreciate if anyone could help me out.

I actually just found out last week that I had been selected for further processing in DV2015. I had originally checked on May 1 but the site said I didn't get it. Fast forward to last week and I came across an article saying that there was a glitch on that day and some people received the wrong result. With fingers crossed, I checked the site and wooooo I was selected! Feeling extremely fortunate but now comes the tricky part!

I just graduated in May from an NYC college on an F1 visa. I'm currently still in the US - my Optional Practical Training application is still pending with USCIS and I'll hopefully receive approval within the coming month. This OPT will carry me until April 2015 when I would hopefully have had an H1B application put in from my employer. With this new development though re. DV2015, I have a few questions.

My number is 2015OC000002XX and I'm from New Zealand. I'm hoping to do the Adjustment of Status - should I wait to fill out the DS-260 until my OPT is approved? Or is it okay to do it now? From looking at the past Visa Bulletins, it seems like my number will be called in the first month (October) so I'm a little worried about waiting to complete the DS-260. Any help would be greatly appreciated! :))
 
NY1 said:
Hi all,

New to this site (and all things DV) so would very much appreciate if anyone could help me out.

I actually just found out last week that I had been selected for further processing in DV2015. I had originally checked on May 1 but the site said I didn't get it. Fast forward to last week and I came across an article saying that there was a glitch on that day and some people received the wrong result. With fingers crossed, I checked the site and wooooo I was selected! Feeling extremely fortunate but now comes the tricky part!

I just graduated in May from an NYC college on an F1 visa. I'm currently still in the US - my Optional Practical Training application is still pending with USCIS and I'll hopefully receive approval within the coming month. This OPT will carry me until April 2015 when I would hopefully have had an H1B application put in from my employer. With this new development though re. DV2015, I have a few questions.

My number is 2015OC000002XX and I'm from New Zealand. I'm hoping to do the Adjustment of Status - should I wait to fill out the DS-260 until my OPT is approved? Or is it okay to do it now? From looking at the past Visa Bulletins, it seems like my number will be called in the first month (October) so I'm a little worried about waiting to complete the DS-260. Any help would be greatly appreciated! :))
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I'm going to leave AOS advice to the experts but just to point out that if you have not yet submitted your DS260 you almost certainly won't interview in October. Interview notices for Oct will probably be going out in a week - 10 days from now and it's unlikely KCC will have time to process your forms and schedule you an interview by then.
 
Sm1smom said:
Yeah, those are the forms I earlier on listed out for you. I just wanted tone sure you double checked on that.
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Yes Mom, those are the ones you told me about. Around the same time, I double checked and confirmed. I've already had them filled out and stamped by my office and they are ready to go…but will wait till Sept 2 mail like u instructed:)
 
Sm1smom said:
Yes, the AP/EAD card is now a combo card. If an applicant applies for only one of the benefits it offers, the exact benefit it covers will be stated on the card. The EAD card IMO is usually not quite useful for DV based AOS applications because of the time frame involved in adjudicating the cases. EAD/AP card is usually approved about in about 2 - 3 months, more or less the same time frame it used to take to approve the AOS application. It is useful for people doing other types of AOS, as their cases could take much more time to get adjudicated.

However, I really don't understand why you would want to apply for an EAD card when you're already on L1 working visa. The EAD card could be useful for someone on a non working visa as it enables them to pick up an offer of employment while waiting for the GC application to be approved.

In your case if you apply for an EAD card and use it to take up a new job with a different employer, if God forbid your AOS application is denied, you will technically be out of status unless you're able to get back with your L1 sponsored employer. My suggestion would be to forget about the EAD card, stick it out with your employer and leave after getting your GC if you're already tired of working for them.
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Honestly I thought I had to submit the EAD for some reason, I didn't fully understand its purpose, now it makes more sense! thanks!

I won't want to risk being out of status, so I won't bother with the EAD. However that got me thinking, say I did apply for the EAD, would it reflect badly on me in the eyes of USCIS? What i mean by that is, would they think that despite being on an L1 why have I applied for an EAD so maybe I am planning to leave my current employer? I'm not, Im just trying to see how they might see things

Also, I received the "receipt" of payment for the DOS fee today (yay) however, it was not what I expected - I was expecting an actual receipt with KCC details on it or something, what I received was just the same paper that I completed with my details on it (case number, name etc), with a blue stamp saying "PAID" by TL. that is it. Technically there is no mention of KCC at all, is this standard process? Or was I meant to get an actual receipt in addition to the stamped paper? Ever since they misinformed me I'm full on questioning their every move now :)

Thanks so much!
 
ndubs said:
Honestly I thought I had to submit the EAD for some reason, I didn't fully understand its purpose, now it makes more sense! thanks!

I won't want to risk being out of status, so I won't bother with the EAD. However that got me thinking, say I did apply for the EAD, would it reflect badly on me in the eyes of USCIS? What i mean by that is, would they think that despite being on an L1 why have I applied for an EAD so maybe I am planning to leave my current employer? I'm not, Im just trying to see how they might see things

Also, I received the "receipt" of payment for the DOS fee today (yay) however, it was not what I expected - I was expecting an actual receipt with KCC details on it or something, what I received was just the same paper that I completed with my details on it (case number, name etc), with a blue stamp saying "PAID" by TL. that is it. Technically there is no mention of KCC at all, is this standard process? Or was I meant to get an actual receipt in addition to the stamped paper? Ever since they misinformed me I'm full on questioning their every move now :)

Thanks so much!
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The AP/EAD applications are optional, most applicants feel they should go ahead and throw then in with their package since it's free.

You can apply for the EAD card if you want, USCIS couldn't care less if you leave or plan on leaving your current employer since the employer isn't the one sponsoring your GC application.

And yes, what you got back in the mail is your official receipt. Sorry nothing fancy will be sent back :)
 
Sm1smom said:
The AP/EAD applications are optional, most applicants feel they should go ahead and throw then in with their package since it's free.

You can apply for the EAD card if you want, USCIS couldn't care less if you leave or plan on leaving your current employer since the employer isn't the one sponsoring your GC application.

And yes, what you got back in the mail is your official receipt. Sorry nothing fancy will be sent back :)
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Great, thanks so much for the helpful responses mom :)
 
Sm1smom said:
If I was in your shoes and I have a mid-range to a high CN, I would wait till the H4 is filed before submitting the DS-260 form.
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I am still kind of confused.
So my number is 2015AF28xxx - and I am planning to do CP. Should I wait till H4 is filed? When will it be too late to submit the DS-260 form. Thank you
 
Mom, speaking of EAD cards, my husband has one expiring in 2016. He should not need to request a new one while we process the GC's right? that one would remain valid until he gets the GC irrespective of the change of status, right?
 
Ifitis2be said:
Mom, speaking of EAD cards, my husband has one expiring in 2016. He should not need to request a new one while we process the GC's right? that one would remain valid until he gets the GC irrespective of the change of status, right?
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Yes, it remains valid till he get's his GC after which he no longer needs it (anyway it's no longer valid once his GC is approved)
 
NY1 said:
Hi all,

New to this site (and all things DV) so would very much appreciate if anyone could help me out.

I actually just found out last week that I had been selected for further processing in DV2015. I had originally checked on May 1 but the site said I didn't get it. Fast forward to last week and I came across an article saying that there was a glitch on that day and some people received the wrong result. With fingers crossed, I checked the site and wooooo I was selected! Feeling extremely fortunate but now comes the tricky part!

I just graduated in May from an NYC college on an F1 visa. I'm currently still in the US - my Optional Practical Training application is still pending with USCIS and I'll hopefully receive approval within the coming month. This OPT will carry me until April 2015 when I would hopefully have had an H1B application put in from my employer. With this new development though re. DV2015, I have a few questions.

My number is 2015OC000002XX and I'm from New Zealand. I'm hoping to do the Adjustment of Status - should I wait to fill out the DS-260 until my OPT is approved? Or is it okay to do it now? From looking at the past Visa Bulletins, it seems like my number will be called in the first month (October) so I'm a little worried about waiting to complete the DS-260. Any help would be greatly appreciated! :))
Click to expand...

Congratulations, that is a very low CN for OC which will most likely become current in Oct 2014, however because you haven't submitted your DS-260 form yet, you most likely will not be able to benefit from being current in Oct.

If you want to do AOS, a couple of things you should be aware of:
You must be in status and remain in status by the time of your interview. That means you should't declare an immigrant intent now by submitting your DS-260 while awaiting OPT approval. Following that, there's the 30-60-90 days rule (preconcieved immigrant intent) which really shouldn't apply to you, but if I was in your shoes, I would at least wait an additional 30 days following OPT approval before filing the DS-260 form, and proceeding with the AOS filing. So basically that is saying you may need to wait till October before taking any step at all which further pushes down when you're likely to get your GC since the AOS process takes a bit longer.

On the other hand, if you cosider going CP, you may just want to wait for your OPT approval (or not, your call) following which you immediately send in your DS-260 form - preconcieved immigrant intent is not taken into consideration for CP - and wait for KCC to schedule your interview which could be anywhere between Nov and Dec 2014.
 
mike008 said:
I am still kind of confused.
So my number is 2015AF28xxx - and I am planning to do CP. Should I wait till H4 is filed? When will it be too late to submit the DS-260 form. Thank you
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Adnittedly no one can say precisely for now when your CN is likely to become current until we see the first couple of VB for the 2015 FY. However, assuming you're not chargeable to either Ethiopia or Egypt, based on past VB, it's not likely to be before Mar/Apr 2015, so if I was in your shoes (like I responded to you before) I would wait until H4 is filed. Some are of the opinion declaring immigrant intent now shouldn't matter since H4 is a dual intent visa, I personally wouldn't do that.

Technically no time is too late to submit the DS-260 form as long as it's done before the end of the applicable FY and KCC has had enough time to process and schedule one for the interview. There have been reported cases of people in the past who sent in their forms with about 2 months to the end of the FY, they got processed and have their GCs on hand. Of course I'm not saying you should wait that long. You should be okay if you submit your form in Nov or even Dec 2014. But it's your call at the end of the day. You may go ahead and submit now, or you can still hold on a couple of months.
 
Sm1smom said:
Congratulations, that is a very low CN for OC which will most likely become current in Oct 2014, however because you haven't submitted your DS-260 form yet, you most likely will not be able to benefit from being current in Oct.

If you want to do AOS, a couple of things you should be aware of:
You must be in status and remain in status by the time of your interview. That means you should't declare an immigrant intent now by submitting your DS-260 while awaiting OPT approval. Following that, there's the 30-60-90 days rule (preconcieved immigrant intent) which really shouldn't apply to you, but if I was in your shoes, I would at least wait an additional 30 days following OPT approval before filing the DS-260 form, and proceeding with the AOS filing. So basically that is saying you may need to wait till October before taking any step at all which further pushes down when you're likely to get your GC since the AOS process takes a bit longer.

On the other hand, if you cosider going CP, you may just want to wait for your OPT approval (or not, your call) following which you immediately send in your DS-260 form - preconcieved immigrant intent is not taken into consideration for CP - and wait for KCC to schedule your interview which could be anywhere between Nov and Dec 2014.
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Thanks mom! I was looking to stay in the US and do AOS as the flight to New Zealand is quite draining on the bank balance $$$! If I was to get my OPT approval by the end of August, wait 30 days then submit the DS-260 at the end of September, do you have any idea of the likely timeframe of the next steps through to approval (fingers crossed!) My OPT is scheduled to run out at the start of April so I'm a little concerned about the timeframe.
 
Okara said:
Through CP
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Then you shouldn't have posted the question here, this thread is for those processing AOS, the response you will get here will not be accurate to your situation.

Anyway, I will go ahead and add that 2NL have not been sent out to anyone doing CP. That's not going to happen for the next 3 weeks or so. First the VB applicable to the 2015 FY has to be realeased, following which those current for Oct will start receiving their 2NL.
 
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