Sm1smom
Super Moderator
The IL will most likely show up earlier than indicated since they've confirmed all you listed above. Keep your fingers crossed.
DV 2015 AOS Only
- Thread starter Sm1smom
- Start date
The IL will most likely show up earlier than indicated since they've confirmed all you listed above. Keep your fingers crossed.
Britsimon
Super Moderator
2 months for "review" is crazy - but yeah - sounds good.
Thank you guys! I was wondered why I have to wait for 2 more months if everything is complete, the IO said it is because they have hundreds of applications.
Ifitis2be
Active Member
Probably just a generic response, for sure they have hundreds of I-485s but I doubt they have hundreds of DV cases, which should be prioritized anyway…Fingers crossed your IL shows up sooner.
Thank you all so much for the answers! Now I just though about something that complicated my case even more: i have scheduled trip to another country April 13 to April 23. So the only possibility to travel is if I remain in H1b status upon returning, correct? Because I think if I will file my DV Visa I-485 on March 10th I will not receive AP by April 13... I also have B1/B2 visa. Will it be possible to file i485 while I am in H1B status then travel abroad and return on B1/B2??? Thats so complex
SusieQQQ
Well-Known Member
Thank you all so much for the answers! Now I just though about something that complicated my case even more: i have scheduled trip to another country April 13 to April 23. So the only possibility to travel is if I remain in H1b status upon returning, correct? Because I think if I will file my DV Visa I-485 on March 10th I will not receive AP by April 13... I also have B1/B2 visa. Will it be possible to file i485 while I am in H1B status then travel abroad and return on B1/B2??? Thats so complex
You can't enter on a B1/B2 visa with intent to adjust status...
Sm1smom
Super Moderator
Thank you all so much for the answers! Now I just though about something that complicated my case even more: i have scheduled trip to another country April 13 to April 23. So the only possibility to travel is if I remain in H1b status upon returning, correct? Because I think if I will file my DV Visa I-485 on March 10th I will not receive AP by April 13... I also have B1/B2 visa. Will it be possible to file i485 while I am in H1B status then travel abroad and return on B1/B2??? Thats so complex
In your situation, the only way you can return into the U.S. after submitting your I-485 package is if you have an approved Advanced Parole (AP) card with your prior to leaving. Without that you would be considered to have abandoned your AOS application. Even if you're allowed to enter the country on a B1/B2 visa, your AOS petition will definitely be denied.
Sm1smom
Super Moderator
If you travel out, you cannot use your F1 visa to return, if you do, your AOS petition will be denied as that would be considered as an abandoned petition. You will need to present the AP card when coming back in. However, bear in mind that once you use the AP card to return to the U.S., you're technical no longer considered as being on F1, although you can and should still continue to attend classes.
The problem with using the AP card is that if for any reason your AOS petition is denied, then you will have to stop school, you can no longer go back to the F1 status. Of course if you never travelled out and your AOS petition is denied or not completed before the end of the FY, you simply revert back to F1 status.
Sm1smom
Super Moderator
Using the AP card has no impact on the final decision with regards to your DV petition. As for my recommendation? If I was in your shoes, I wouldn't risk the possibility of not being able to get back to my current status if the AOS doesn't work out, but that's me. You do what you think is best for you.
Sm1smom
Super Moderator
Ideally, it is better to apply for OPT prior to filing an immigration petition. Technically, anyone on a F1 status is entitled to apply for and receive an approved OPT as long as the person hasn't violated their F1 status. However, submitting the I-485 prior to filing OPT may make the person ineligible to receive the F1 OPT/EAD if the person's school becomes aware that the student has filed an I-485. So you may go ahead and apply, but bear in mind it may not be approved.
hindou1991
New Member
Im a dv lotetery winner 2015 and I have been waiting for my interview letter for 3months ( I sent my aos package and did the fingerprints) is that normal for a processing time??
ndubs
Active Member
Still no sign of the IL..I was really hoping I wouldn't have to use the second info pass but looks like I will have to..
Simon I guess I just want to double check, I'm still gonna go through the same checklist and then based on those answers ask what is the hold up? Or is there a different approach when it's not the first visit about the status?
The officer gave me a piece of paper with a one liner documenting what he had told me that day which basically to wait..
Simon I guess I just want to double check, I'm still gonna go through the same checklist and then based on those answers ask what is the hold up? Or is there a different approach when it's not the first visit about the status?
The officer gave me a piece of paper with a one liner documenting what he had told me that day which basically to wait..
ndubs
Active Member
Have a look at the timeline spreadsheet on first page of this thread, you will see how long your FO has taken in the past and maybe even this year too. Based on that if it looks like people at your FO had already received the letter by now, you may want to schedule an info pass appointment at your field office to get an update.
Britsimon
Super Moderator
Same approach I think - you are just trying to make the point that there is no reason to delay your interview.
ndubs
Active Member
I don't remember if I said this but because the FO isn't local to me he suggested I could also call uscis customer service and ask the same questions, according to him they will have the same answers as him. That's not accurate right?