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DV 2016 AOS Only

KentConcept said:
I would like to add to the answer that mom gave you, that if the background check will stay pending for more than 180 days and the case is otherwise approvable, USCIS is forced to process the case and approve you. Of course if later on your background check will result to have some issues, you risk that your Green Card will be revoked. But at least you won't go over the deadline of the end of the FY. Since in September 30 your background check would be far over the 180 days, I think you are in the safe side. In case your background check will still be pending in June/July though, I suggest you to ask help to one of the senator of your State. They are pretty good in those situations.
The reference of what I said about the 180 days of pending background check is here (search 180 days in the page): https://www.uscis.gov/archive/archive-news/questions-and-answers-background-check-policy-update
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Before everyone starts shouting "eureka", I would caution against totally relying on the information on that link. The 2008 memo referenced in that archived Q/A has actually since been superseded by another one, USCIS is not 'forced' to approve a case simply because the background check has been pending 180+ days.

A Feb. 2009 memo has since revised the automatic approval of all such applications after 180 days. Such cases cannot be approved by an applicable FO without prior authorization from USCIS headquarters, the new memo actually talks about contacting the headquarters when the case has been pending for 150 days plus, however that process is not as straightforward as it sounds - a case by case specific guidance will be provided by USCIS headquarters.

2009 Memo:
http://www.legalactioncenter.org/sites/default/files/docs/lac/Feb92009namecheckmemo.pdf

More guidance regarding that memo:
http://www.immigrationpolicy.org/clearinghouse/litigation-issue-pages/mandamus
 
mfk2901 said:
Hello people for around the world!
Can someone please tell me if I can file my aos now that May's bulletin is out and that my number falls under june cut offs. Should I wait until may or june?
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That's a decision I ask each person to make on their own - go through the AOS spreadsheet (which is linked to the first post on page one of this Thread), it has information regarding the pros and cons of early filing, then decide for yourself.
 
NZ_Max said:
Hi all, this is my first post here. I have read pretty much the whole forum to try and answer my question with no luck.

My wife and I have our interview in 2 weeks at NYC FO. We actually had a lawyer looking after our case but he unfortunely passed away recently. We have had our case file returned to us and have all the necessary paperwork for the interview. However the copy of our I-485 has been shrunk down to 4 pages per letter size piece of paper. Our IL requested we bring a copy of this document, and I was wondering if at the actual interview does the agent also have a copy on hand? Or is our copy critical for the questions? Because we are bringing a copy, it's just hard to read as the text is tiny.

If anyone who has done the interview and could let me know that'd be great.

Thx
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The copy is really for your reference, they will not ask you to submit copies of the forms you already submitted. As a matter of fact, you can download another set of the I-485 forms, add your information, print and keep as personal copies. Sorry about your lawyer's passing, and all the best with the interview.
 
As a matter of fact, in view of the current terrorist situations worldwide, I wouldn't be surprised if there isn't some more recent memo cautioning against approvals with pending background checks.
 
Thank you for all answers about background checks.
Also in Feb I got approved labor certification and now I can file 485 as L1 with PERM. Don't know if I can file concurrent 485. The benefit of filing with employer is that there is no limit for fiscal year.
What do you think, does it make sense to file one more 485?
Thanks.
 
I am stressed out now it has been 20 days i have filed my application to Chicago FO.. I HAVE NOT received any Text or Email Notification and not even Check has been cashed,, I do not know what the department is doing there,,,, I am wondering because i have only 6 month to complete the process,,if this will be the Chicago FO process then i will screwed up...
Any Hopes please??

Thanks.
 
Alyas said:
I am stressed out now it has been 20 days i have filed my application to Chicago FO.. I HAVE NOT received any Text or Email Notification and not even Check has been cashed,, I do not know what the department is doing there,,,, I am wondering because i have only 6 month to complete the process,,if this will be the Chicago FO process then i will screwed up...
Any Hopes please??

Thanks.
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Considering on Mar. 28th, you stated your CN will become current in May, you plan on sending in your package in April (assuming Apr. 1st), and the fact that today is Apr. 15th, help me understand how you arrived at the 20 days since filing with no text/email notification charge.

I mean, April 1st to April 15th doesn't even equate to 15 working days, (weekends are excluded since USCIS doesn't work on weekends) assuming the package was delivered before close of work on the 1st.

For sheez!
 
Yap you are right.. but we have decided and sent my package sooner then expected... Now i can say i am close to 20th day...i am wondering because of early filing its taking long time,,,i have also seen the time sheets for 2014,2015 and 2016.. Most of them received Notification in 10-12 days...

Thanks..
 
tmy said:
Thank you for all answers about background checks.
Also in Feb I got approved labor certification and now I can file 485 as L1 with PERM. Don't know if I can file concurrent 485. The benefit of filing with employer is that there is no limit for fiscal year.
What do you think, does it make sense to file one more 485?
Thanks.
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Yes, it's possible to have concurrent/multiple I-485 petitions in the system. One thing to be aware of with doing that though is the possibility of additional delays when they're about to approve the first one, especially with a DV based AOS. They sometimes need to consolidate the other files too, and getting those other files from the offices handling them could take some time.

It's your call though whether to go ahead and gain some time with the employment based AOS petition or wait till towards the end of the FY to see where things are before sending it in.
 
Alyas said:
Yap you are right.. but we have decided and sent my package sooner then expected... Now i can say i am close to 20th day...i am wondering because of early filing its taking long time,,,i have also seen the time sheets for 2014,2015 and 2016.. Most of them received Notification in 10-12 days...

Thanks..
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So now, you're saying you did not do a 2 months early filing which is the most allowed, but did 2 months plus? If that's true, (and even if the package was received on Mar 29th - that still doesn't add up to 20 days by the way), your package will be rejected - early filing cannot be over 2 months.
 
i have seen on time sheet most of them sent their package as per early filing.. suppose their number was current in March they have sent in January... how come i have filed 2 months Plus in this case? i can say i am close if i add this weekend too....

Thanks.
 
Alyas said:
i have seen on time sheet most of them sent their package as per early filing.. suppose their number was current in March they have sent in January... how come i have filed 2 months Plus in this case? i can say i am close if i add this weekend too....

Thanks.
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I challenged the fact that you originally claimed you've been waiting for 20 days to receive notifications since filing and showed your dates don't support the 20 days claim even if the package was delivered on Apr 1st. You responded by saying you sent your package 'sooner than expected' which will mean it was filed 2 months plus. Do the maths!

We want to help people here, but we equally expect those seeking help to not make wild claims or assertions. The process is stressful, yes we know - being there, done that - but there's no reason for people to make it sound more stressful than it actually is which is what your claim is all boiling down to right now!
 
All i am saying i am close if i add this weekend too... Now i am confused now with your question of 2 month Plus filing.... I apologize for confusion here....

Thank you...
 
Alyas said:
All i am saying i am close if i add this weekend too... Now i am confused now with your question of 2 month Plus filing.... I apologize for confusion here....

Thank you...
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Well then be specific with your dates when seeking for help. When exactly did you mail in your package? Did you do a next day courier delivery or was it a standard USPS/regular mail delivery? It's not enough to try and change things up by saying you're close to 20 days if you add this weekend because next Monday is actually Apr 18th, still quite short of 20 days assuming package was delivered on Apr. 1st.
 
Actually my lawyer sent my package.. i have no idea whether they did a overnight shipping or regular mail...but they assured me on 30th that they have already sent my package... thatz all i know..from then i am waiting for Notification....

Thanks..
 
Alyas said:
Actually my lawyer sent my package.. i have no idea whether they did a overnight shipping or regular mail...but they assured me on 30th that they have already sent my package... thatz all i know..from then i am waiting for Notification....

Thanks..
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Oh well, :rolleyes: with no information as to when the package was delivered, I really don't see how a 20 days waiting could be claimed. Plus even if the package was delivered on Apr. 1st, the waiting is still not out of the ordinary anyways.
 
Alyas said:
I am stressed out now it has been 20 days i have filed my application to Chicago FO.. I HAVE NOT received any Text or Email Notification and not even Check has been cashed,, I do not know what the department is doing there,,,, I am wondering because i have only 6 month to complete the process,,if this will be the Chicago FO process then i will screwed up...
Any Hopes please??

Thanks.
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You mean you sent it to the lockbox right? Not FO?
 
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