DV 2016 AOS Only
- Thread starter Sm1smom
- Start date
Britsimon
Super Moderator
Why are you not taking advantage of the early filing policy? No need to wait until April 1 - you could have filed three weeks ago.
https://www.uscis.gov/sites/default...013/August/DV-Related I-485 Applications .pdf
Britsimon
Super Moderator
Awesome. I do think the Infopass helps - even when they say it doesn't. The number of times the IL has turned up coincidentally just after the infopass is amazing.
Yes you can both turn up at 9:30.
The AOS guide doc on page 1 says that some are being rejected for filing early so we thought it best to wait rather than risk rejection. Is it generally not rejected if filed before the month it is current? If they do reject it, do they keep the payment we send with it and we have to re-file in Apr and send another payment?
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asgcdgod
Member
Appreciate it!
Britsimon
Super Moderator
Most people are filing early....
Sm1smom
Super Moderator
The H1B process shouldn't impact your DV process since H1B is a dual intent visa.
Sm1smom
Super Moderator
Cool. Yes, not unusual for the IL to miraculously show up following what originally seems to be a discouraging INFOPASS appointment. You and your husband should plan on showing up at 9:30 regardless of what your letter says.
Best of luck!
Sm1smom
Super Moderator
You have enough time.
Sm1smom
Super Moderator
The intent of the warning regarding possible rejection or an outright denial without an interview is to create an awareness of the possibility of that happening and not to completely discourage anyone from early filing.
If a rejection were to happen, it's usually done by the Chicago Lockbox folks, the package gets returned with the payment intact. The good news is it seems those guys are now quite familiar with the early filing allowance and are no longer rejecting such packages.
However, it's still possible for the FO to still deny a petition due to early filing. At that stage, there's no return or refund of the payment made. If that were to happen, you may choose to simply re-file (start the process all over, make new payment, and you may not have enough time to complete the process); or go to your FO and try convince them your petition was erroneously denied - if you're naturally timid, you may not be able to do that though.
Now, I realize all these can sound frightening and make it harder to decide on whether to go with early filing or not. However, what you could have done was to take a look at the Timelines spreadsheets to see if anyone from your FO successfully did early filing to give you an idea of how your FO handles such cases.
Thanks for the info.
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Thanks for your reply.
MassiTX
Member
Hello friends, hope you are all doing great.
Just a little about my case, I have filed my AoS package and am waiting for IL to come up. It has been 6 months but am hopeful to get it, sooner or later. What I am doing now is to think less about this process and focus on my own job. That helps a lot.
I was thinking about some plan B's in case something happens and I could not finish up before Oct. I was thinking about filing an I-140 (NIW) as I think I meet the requirements for that. If I file it soon, hopefulyl I will get an answer around the end of this year! I have some questions:
- Would filing I-140 right now interfere with my current AoS application? The idea is in case I cannot finish up my process by oct, I will file another 485 based on 140 approval.
- Do you think that is a good idea or there might be an alternative you guys can think of it. How possible is getting one 485 approved while your previous 485 has not found its way to the end due to expiration of DV time?
- I think having a pending 485 can definitely result in denial of applying for OPT, but what if the 485 has already finished? let's say by Oct, I cannot finish up the DV process and decide to apply for OPT.
Any advice from Mom, Simon, or everyone else who may know about it is very appreciated.
Thanks
Just a little about my case, I have filed my AoS package and am waiting for IL to come up. It has been 6 months but am hopeful to get it, sooner or later. What I am doing now is to think less about this process and focus on my own job. That helps a lot.
I was thinking about some plan B's in case something happens and I could not finish up before Oct. I was thinking about filing an I-140 (NIW) as I think I meet the requirements for that. If I file it soon, hopefulyl I will get an answer around the end of this year! I have some questions:
- Would filing I-140 right now interfere with my current AoS application? The idea is in case I cannot finish up my process by oct, I will file another 485 based on 140 approval.
- Do you think that is a good idea or there might be an alternative you guys can think of it. How possible is getting one 485 approved while your previous 485 has not found its way to the end due to expiration of DV time?
- I think having a pending 485 can definitely result in denial of applying for OPT, but what if the 485 has already finished? let's say by Oct, I cannot finish up the DV process and decide to apply for OPT.
Any advice from Mom, Simon, or everyone else who may know about it is very appreciated.
Thanks
Sm1smom
Super Moderator
Sorry can't guide you on NIW filing, can only provide guidance on straight forward DV based AOS cases.
MassiTX
Member
Thanks mom for the reply. I pretty much know how to go with the I-140 process and there should not be any problem with that. My question is, does filing I140 (or any other sort of petition that makes you eligible to apply for GC after approval) interfere with our current pending 485 or not?
Sm1smom
Super Moderator
And that's what I don't want to get into.
EURO2014
Well-Known Member
In July 2002, USCIS created a rule that allows for "concurrent filing" of some I-140 Petitions for Alien Worker together with the I-485 Adjustment of Status Application. Previously, you had to wait for the I-140 to be approved first, before you could file your I-485. Now both can be filed at the same time. See for example www.greencardlawyers.com/greencards/adjustment/ConcurrentFiling.html for details. However this rule applies to employment-based applications for permanent residency that are based on the same underlying reasoning, i.e. I-140 EB-1 with concurrent I-485 Adjustment of Status filing.
What you are considering, if I understand correctly, is to file two fully independent applications, i.e. DV AoS I-485 and, now subsequently, I-140 NIW as first step to another, NIW related, I-485 filing. Whether theoretically and procedurally possible or not, I know one thing for sure: if it were my DV case I would certainly not do that.
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MassiTX
Member
I see your point mom. Thanks for the reply.
MassiTX
Member
Thanks for the information EURO2014. I see what you are talking about and it makes sense to me. The only thing to clear up here is I do not want to file another 485 concurrently with my 140 while my DV based 485 is still pending. The idea is just to file 140 while waiting for my DV based 485 results, as 140's process will take several months, and in case I miss the FY for the DV case, I file another 485 based on the approved 140. That way I will buy sometime for myself while waiting for DV based AoS.
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