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DV-2015 changing DS-260 from AOS to CP

Luna0214 said:
Hi Simon, thank you so much for your reply - we've learned so much from you and are so indebted. Thank you.

We are still weighing the pros and cons for AOS v. CP for our case, and would really appreciate your advice.

Our Case Number is AS 68XX (expected to go current in May or June). I and my wife are currently in the US on F-1/2 visas (switching to OPT from May), and have been preparing for AOS (just paid the DV admin fee and completed medical exams this week). Our main concern is, as you say, the speed of processing in the New York FO... We've been following the status updates very closely and are becoming paranoid to learn that people who became current in October 2015 have not had their interviews yet as of February 2016. We also heard about a person who did not receive an interview by September 30 of that year, who also ended up losing the pre-existing F-1 visa due to the immigration intent issue.

Our CP option would be in our home country Japan, where processing seems to be so much faster, that even with the added processing time for background checks and re-doing the medical exam in Japan, it may still make sense to switch. Our concern for the CP, however, is that if we are denied GC for whatever reason, we may not be able to re-enter the US on our F-1/2/OPT visa or any visa at all (even tourist?).

You mentioned that "the impending program end date is a good way to push the FOs to get on with it" - is this something we can email/call the FO about, if September approaches?
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Your decision needs to be your decision. But I can tell you the timeline thing should not be a concern - you have plenty of time. We have seen cases that go current in September and get approved in time - the fastest September current case I remember was approved on September 12.

Use the early filing policy. Then use Infopasses and so on to push the case through.
 
Luna0214 said:
We also heard about a person who did not receive an interview by September 30 of that year, who also ended up losing the pre-existing F-1 visa due to the immigration intent issue.
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There's got to be a lot more to that story than you were told. A petitioner with a F-1 or any other status for that matter do not simply loose their current status simply because their CN did not become current. Display of an immigrant intent followed by a failed immigrant petition does not automatically lead to a loss of an existing status.
 
Thank you so much, Britsimon and Mom!

Sm1smom said:
There's got to be a lot more to that story than you were told. A petitioner with a F-1 or any other status for that matter do not simply loose their current status simply because their CN did not become current. Display of an immigrant intent followed by a failed immigrant petition does not automatically lead to a loss of an existing status.
Click to expand...

Yes, I heard this on another (less trustworthy) forum and it was not explained in detail.. Thank you for clarifying!
 
Luna0214 said:
Hi Simon, thank you so much for your reply - we've learned so much from you and are so indebted. Thank you.

We are still weighing the pros and cons for AOS v. CP for our case, and would really appreciate your advice.

Our Case Number is AS 68XX (expected to go current in May or June). I and my wife are currently in the US on F-1/2 visas (switching to OPT from May), and have been preparing for AOS (just paid the DV admin fee and completed medical exams this week). Our main concern is, as you say, the speed of processing in the New York FO... We've been following the status updates very closely and are becoming paranoid to learn that people who became current in October 2015 have not had their interviews yet as of February 2016. We also heard about a person who did not receive an interview by September 30 of that year, who also ended up losing the pre-existing F-1 visa due to the immigration intent issue.

Our CP option would be in our home country Japan, where processing seems to be so much faster, that even with the added processing time for background checks and re-doing the medical exam in Japan, it may still make sense to switch. Our concern for the CP, however, is that if we are denied GC for whatever reason, we may not be able to re-enter the US on our F-1/2/OPT visa or any visa at all (even tourist?).

You mentioned that "the impending program end date is a good way to push the FOs to get on with it" - is this something we can email/call the FO about, if September approaches?
Click to expand...

Hi Luna, I see that my situation somewhat matches yours. I filled out the first form on June choosing AOS for further processing, but I am thinking of switching to CP. How did it workout for you guys ? What steps did you have to take in order to change from AOS to CP ? And were there any issues that you faced while doing so ?
I hope you and your wife got the Green Card already. Hoping for your reply.
 
s2017 said:
Hi Luna, I see that my situation somewhat matches yours. I filled out the first form on June choosing AOS for further processing, but I am thinking of switching to CP. How did it workout for you guys ? What steps did you have to take in order to change from AOS to CP ? And were there any issues that you faced while doing so ?
I hope you and your wife got the Green Card already. Hoping for your reply.
Click to expand...


Hello,

We actually didn't switch to CP. we became current in June and just finished our interview and got CPO. The greencard is on its way now. Thanks to Mom and Britsimon's advice. Everybody has different situation so it's completely up to you but changing CP will take time too so I'm not sure if it's a good idea. Good luck!!!
 
Britsimon said:
Your decision needs to be your decision. But I can tell you the timeline thing should not be a concern - you have plenty of time. We have seen cases that go current in September and get approved in time - the fastest September current case I remember was approved on September 12.

Use the early filing policy. Then use Infopasses and so on to push the case through.
Click to expand...
Hi Simon. I submitted my DS 260 mid august and informed KCC that I will be adjusting my status. I already paid the fees and received my 2NL. However now I am thinking of changing to CP? Is it possible and how will long will the process take if I chose this route? My case number is already current but I am assuming unlocking the DS 260 and processing it will push my interview to sometime in 2017
 
mira88 said:
Hi Simon. I submitted my DS 260 mid august and informed KCC that I will be adjusting my status. I already paid the fees and received my 2NL. However now I am thinking of changing to CP? Is it possible and how will long will the process take if I chose this route? My case number is already current but I am assuming unlocking the DS 260 and processing it will push my interview to sometime in 2017
Click to expand...

If you change to CP at this point, your DS260 will need processing which will take some months. So yes - you would not be interviewed for some time - probably April/May 2017. By the way, the fees you have already paid will be lost ( you will have to pay them again at the embassy).
 
Britsimon said:
If you change to CP at this point, your DS260 will need processing which will take some months. So yes - you would not be interviewed for some time - probably April/May 2017. By the way, the fees you have already paid will be lost ( you will have to pay them again at the embassy).
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Wow that's too far. I am not sure at this point, I wanted to do AOS from the beginning but now I am just scared that it may get denied because I let my passport expire for 20 days before renewing it last year. And everywhere I read that an F1 student need to keep a valid passport at all times during their whole stay in the US or they will violate their status. The international students office at my school are saying that it's not a big deal and they will not terminate my status, even SEVIS told me the same thing. Also, sm1smom told me the same thing. But I had an infopass appointment with USCIS few days ago and when I asked if I am eligible to adjust my status they refused to answer and they specifically told me that I am the one who needs to decide if I maintained my F1 status at all times while in the US. They were very unhelpful and kinda vague about it so I am just worried that my application may get rejected because of the passport thing. I generally worry a lot but I really don't want to screw this up .
 
mira88 said:
Wow that's too far. I am not sure at this point, I wanted to do AOS from the beginning but now I am just scared that it may get denied because I let my passport expire for 20 days before renewing it last year. And everywhere I read that an F1 student need to keep a valid passport at all times during their whole stay in the US or they will violate their status. The international students office at my school are saying that it's not a big deal and they will not terminate my status, even SEVIS told me the same thing. Also, sm1smom told me the same thing. But I had an infopass appointment with USCIS few days ago and when I asked if I am eligible to adjust my status they refused to answer and they specifically told me that I am the one who needs to decide if I maintained my F1 status at all times while in the US. They were very unhelpful and kinda vague about it so I am just worried that my application may get rejected because of the passport thing. I generally worry a lot but I really don't want to screw this up .
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There never is 100% certainty in life. Nobody will give you a guarantee for your DV process, not USCIS, nor KCC or the US Consulate in your home country. You will neither receive such on this forum, I am afraid. Good luck!
 
EURO2014 said:
There never is 100% certainty in life. Nobody will give you a guarantee for your DV process, not USCIS, nor KCC or the US Consulate in your home country. You will neither receive such on this forum, I am afraid. Good luck!
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Yes I know. It could be denied for other reasons that I am not aware of. I just don't want it to be something that I could have avoided. I will probably decide what to do this week. I am almost done with everything for the AOS so if I decided to go this route I will submit everything this week. Thanks a lot for the reply and the help earlier. This is the only place where I can talk to people about this process.
 
mira88 said:
Yes I know. It could be denied for other reasons that I am not aware of. I just don't want it to be something that I could have avoided. I will probably decide what to do this week. I am almost done with everything for the AOS so if I decided to go this route I will submit everything this week. Thanks a lot for the reply and the help earlier. This is the only place where I can talk to people about this process.
Click to expand...

I have purposely refrained from making any other comment on the issue of your previously expired passport and the AOS process because IMO, you're simply allowing yourself to be pricked and prodded with fear over a none issue - and it seems like you enjoy stressing in addition to the pricking and prodding.

The first time you posted of your concern regarding this, I told you right away that on its own cannot lead to a denial of your AOS petition. That apparently did not reassure you going by all the back and forth discussions you've since been in.

Not even sure why I broke my silence by commenting on it again. Oh well!
 
Sm1smom said:
I have purposely refrained from making any other comment on the issue of your previously expired passport and the AOS process because IMO, you're simply allowing yourself to be pricked and prodded with fear over a none issue - and it seems like you enjoy stressing in addition to the pricking and prodding.

The first time you posted of your concern regarding this, I told you right away that on its own cannot lead to a denial of your AOS petition. That apparently did not reassure you going by all the back and forth discussions you've since been in.

Not even sure why I broke my silence by commenting on it again. Oh well!
Click to expand...
Actually I can't deny this I am kinda paranoid. I get stressed about a lot of stuff all the time. It's a bad thing I know but I can't do anything about it . Thanks for replying again to this, I really appreciate it.
 
mira88 said:
Actually I can't deny this I am kinda paranoid. I get stressed about a lot of stuff all the time. It's a bad thing I know but I can't do anything about it . Thanks for replying again to this, I really appreciate it.
Click to expand...
Please keep us posted. In the end, you will be just fine processing AoS and the point, you are concerned about right now, will turn out to be a non-issue.
 
Hello,

I was selected for DV-2017. My number is ending in 1XXX. (I am originally from Japan)

I submitted my DS-260 on the second week of this May and selected an interview at USCIS (Adjustment of Status) since I am in the US.

I have been applying for H-1B renewal since May,2015 and my original H-1B visa has been expired in Sep, 2015.
(According to my lawyer, that is no problem to stay in the US because the H-1B renewal is in process.)

However, the H-1B renewal is still pending and I have no idea when I can get the result.

I think now it is October and there is no point waiting for the result.

So now I want to change AOS to CP and have an interview in Japan through DOS.

In this case, can I explain about my situation of H-1B to KCC and change AOS to CP?

And there is no problem to do this in my case?

My concern is how DOS check the record and take my status when I go back to Japan.
It looks I stayed in the US more than 1 year longer than my expiration date of the original H-1B in the
record of passport although my lawyer says it is no problem, but there is technically no official proof on the documents.

I appreciate your advice.
 
KAZU said:
Hello,

I was selected for DV-2017. My number is ending in 1XXX. (I am originally from Japan)

I submitted my DS-260 on the second week of this May and selected an interview at USCIS (Adjustment of Status) since I am in the US.

I have been applying for H-1B renewal since May,2015 and my original H-1B visa has been expired in Sep, 2015.
(According to my lawyer, that is no problem to stay in the US because the H-1B renewal is in process.)

However, the H-1B renewal is still pending and I have no idea when I can get the result.

I think now it is October and there is no point waiting for the result.

So now I want to change AOS to CP and have an interview in Japan through DOS.

In this case, can I explain about my situation of H-1B to KCC and change AOS to CP?

And there is no problem to do this in my case?

My concern is how DOS check the record and take my status when I go back to Japan.
It looks I stayed in the US more than 1 year longer than my expiration date of the original H-1B in the
record of passport although my lawyer says it is no problem, but there is technically no official proof on the documents.

I appreciate your advice.
Click to expand...

Hmmm, you probably pay your lawyer for that opinion, so I guess you have to trust that...

Regarding switching to CP though. That will take several months. Your DS260 will not have undergone the CP level of background checks. So - if you tell them now, you will be waiting months while they process.
 
KAZU said:
Hello,

I was selected for DV-2017. My number is ending in 1XXX. (I am originally from Japan)

I submitted my DS-260 on the second week of this May and selected an interview at USCIS (Adjustment of Status) since I am in the US.

I have been applying for H-1B renewal since May,2015 and my original H-1B visa has been expired in Sep, 2015.
(According to my lawyer, that is no problem to stay in the US because the H-1B renewal is in process.)

However, the H-1B renewal is still pending and I have no idea when I can get the result.

I think now it is October and there is no point waiting for the result.

So now I want to change AOS to CP and have an interview in Japan through DOS.

In this case, can I explain about my situation of H-1B to KCC and change AOS to CP?

And there is no problem to do this in my case?

My concern is how DOS check the record and take my status when I go back to Japan.
It looks I stayed in the US more than 1 year longer than my expiration date of the original H-1B in the
record of passport although my lawyer says it is no problem, but there is technically no official proof on the documents.

I appreciate your advice.
Click to expand...
Is the DV AoS --> CP switch you are considering based on a recommendation of your attorney or is it something you consider to do, independently?
 
Britsimon said:
Hmmm, you probably pay your lawyer for that opinion, so I guess you have to trust that...

Regarding switching to CP though. That will take several months. Your DS260 will not have undergone the CP level of background checks. So - if you tell them now, you will be waiting months while they process.
Click to expand...

Thank you for your reply.

Yes I also learned it might take several months. I think I have to change it now...

I have no idea how it takes to be done through AOS, but thought I can't wait any longer
for the H-1B renewal I can't expect if it is yes or no, and when I can get the result.

This the best process I am hoping.

1. Switching AOS to CP now
2.Staying in the US unless the H-1B renewal is denied officially.
3.Going back to Japan as soon as I get a notice for the interview in Japan and having the interview.
4.Coming back to the US with green card.

However, I don't even know if I can do this way to be honest.

I wanted to know if my understanding is correct.

Thank you for your help.
 
EURO2014 said:
Is the DV AoS --> CP switch you are considering based on a recommendation of your attorney or is it something you consider to do, independently?
Click to expand...

Thank you for your reply.

This is what I am thinking independently.

I was going to ask my lawyer but he doesn't know about it yet.
His response is terrible and I think he is not a professional for Lottery visa.
He is in charge of H-1B renewal technically.

Here is my current status for the AOS.

1.Submitted DS-260 in May
2.Received an adjustment letter for AOS and DV fee from KCC in September
3. Paid $660 for two people(Me and my wife).

The H-1B renewal is taking too long and my lawyer said I-94 is needed for AOS.
I-94 is also being stuck due to H-1B renewal.

So I thought switching to CP was better.

I appreciate your advice and opinion.
 
KAZU said:
Thank you for your reply.

This is what I am thinking independently.

I was going to ask my lawyer but he doesn't know about it yet.
His response is terrible and I think he is not a professional for Lottery visa.
He is in charge of H-1B renewal technically.

Here is my current status for the AOS.

1.Submitted DS-260 in May
2.Received an adjustment letter for AOS and DV fee from KCC in September
3. Paid $660 for two people(Me and my wife).

The H-1B renewal is taking too long and my lawyer said I-94 is needed for AOS.
I-94 is also being stuck due to H-1B renewal.

So I thought switching to CP was better.

I appreciate your advice and opinion.
Click to expand...
It occurs to me, not knowing anything about your immigration status beyond the information you provided above, that the issue you may be facing in respect to DV AoS is related to a tangible risk of your H1-B application to be possibly declined before you have a chance to file DV AoS, in which case you would have no basis to do so at that time. You mentioned that your original H1-B status expired in September 2015, i.e. 13 months ago? Have you been working since then?
 
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