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DV 2016 AOS Only

Sm1smom said:
Your OPT EAD card remains valid as long as you do not use the AOS based EAD card to take up employment. Once you use the AOS based EAD card to take up an offer of employment, you do not fall back on your current F1 status should your AOS petition get denied.
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So mom basically I can keep the DV based EAD in my drawer and not even tell the employee and continue to work using OPT EAD unless feb 16 OPT extension becomes cancel.
 
NanaSorbah said:
So I am yy on the spreadsheet lol! My interview was about 3 minutes long. I did the swearing thing. Then I sat down and he asked me when my last travel date to the US was. He also asked me for my full name and since my middle name was not in my passport he cancelled it from the forms. He just went through my application with me to make sure everything was okay. He asked me Yes/No questions. He then asked if I have a letter from my school which I handed to him. He said that's all I need you will hear from us withing 30 days. That was it
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As I see in spreadsheet, you are on F1 visa. Are you getting paid by school? Did you have affidavit of support form?
 
Hello everyone, I know I am probably overconcerning this, but, it's been 2 weeks since we've submitted our i485 forms to Chicago office, and yet there are no text or email, and the checks is not cashed. I've looked through spreadsheet and usually it takes couple days to week to receive Acceptance text. Should I just calmly wait..i am getting anxious about this. Any advice please?)) I know most likely I will recive it after Thanksgiving, but I am geting anxious about it, and i cant help it
 
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Hi Mom! This is a really great topic. It's the only one of his kind, I would say. Like everyone, I would need your opinion if possible because our case is pretty difficult. Here's why: me & my wife arrived in Us in 2013 under H2b visa (me ) & H4 my wife ( both for 9 months. We switched to B1/B2 for 6 months and then I changed status again to H2b & also my wife ( so this time she was able to get a SSN ). After that, we changed status again to B1/B2 which we got it. Then my wife decided she wanted to go to school and we applied for F1 & F2 ( still pending ), right after application ( which is still processing/ pending), we found out I was selected for Dv2016 Case nr Eu18***. We got different answers from many lawyers, but finally decided to stay & opt for AOS instead of CP. I was just wondering if you know any case similar to this and basically my question is regarding the early filling. My understanding is that we can only apply once the nr becomes available, but that would give us actually only 1 month in advance, isn't it? Can we apply ( based on the early filling memorandum ) even the month before the nr becomes available? We are hoping to be able to apply and the application to be accepted before the our current application becomes available.
Thank you Mom!
 
GTZ said:
Hello everyone, I know I am probably overconcerning this, but, it's been 2 weeks since we've submitted our i485 forms to Chicago office, and yet there are no text or email, and the checks is not cashed. I've looked through spreadsheet and usually it takes couple days to week to receive Acceptance text. Should I just calmly wait..i am getting anxious about this. Any advice please?)) I know most likely I will recive it after Thanksgiving, but I am geting anxious about it, and i cant help it
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For now, all you can do is wait. Contacting USCIS isn't going to provide you with any information, it's only been about two weeks like you said. Things tend to be a bit slow around the holiday season.
 
Marian Valentin said:
Hi Mom! This is a really great topic. It's the only one of his kind, I would say. Like everyone, I would need your opinion if possible because our case is pretty difficult. Here's why: me & my wife arrived in Us in 2013 under H2b visa (me ) & H4 my wife ( both for 9 months. We switched to B1/B2 for 6 months and then I changed status again to H2b & also my wife ( so this time she was able to get a SSN ). After that, we changed status again to B1/B2 which we got it. Then my wife decided she wanted to go to school and we applied for F1 & F2 ( still pending ), right after application ( which is still processing/ pending), we found out I was selected for Dv2016 Case nr Eu18***. We got different answers from many lawyers, but finally decided to stay & opt for AOS instead of CP. I was just wondering if you know any case similar to this and basically my question is regarding the early filling. My understanding is that we can only apply once the nr becomes available, but that would give us actually only 1 month in advance, isn't it? Can we apply ( based on the early filling memorandum ) even the month before the nr becomes available? We are hoping to be able to apply and the application to be accepted before the our current application becomes available.
Thank you Mom!
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- No, I do not know of a DV selectee with a case similar to yours with all the back and forth status changes.

- Yes, you may submit your AOS package two months in advance as long as your CN falls under numbers indicated on the Advanced Notification section of the VB. However, you need to be aware of the possibility of the package been rejected by the Chicago lockbox or the case being outrightly denied by your FO due to early filing. Please spend some time going over the AOS spreadsheet which discusses the AOS process in more details:

https://goo.gl/x7x3td
 
Amiru said:
As I see in spreadsheet, you are on F1 visa. Are you getting paid by school? Did you have affidavit of support form?
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I am on an F1 student visa and no I am not getting paid by my school. I took an Affidavit of support but I wasn't asked for it. The person who interviewed me only asked for a letter from my school. However as Mom suggested you should have one just in case.
 
Hello mom and simon,

I will be having an info pass next week and will bring all my documents with myself. First, do you think an info pass might help or there are other ways as I have to drive for 3 hrs to get there. My second question is about the memos/infos I better be aware when I go there in case I need to convince them about the DV cases. I will be talking to them about my interview letter as it has been more than 3 months since I have sent my package.

Thanks
 
MassiTX said:
Hello mom and simon,

I will be having an info pass next week and will bring all my documents with myself. First, do you think an info pass might help or there are other ways as I have to drive for 3 hrs to get there. My second question is about the memos/infos I better be aware when I go there in case I need to convince them about the DV cases. I will be talking to them about my interview letter as it has been more than 3 months since I have sent my package.

Thanks
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1) An INFOPASS may or may not yield an immediate positive result, there's no guarantee. Only way to know is to give it a shot. Even if the outcome of the INFOPASS doesn't seem encouraging initially, the possibility of it bringing a case to the attention of whoever is in charge makes it worth it IMHO.

2) Early filing memo
http://www.uscis.gov/sites/default/...013/August/DV-Related I-485 Applications .pdf

Other Considerations
The adjustment of status process for diversity visa winners must be completed by September 30 of the fiscal year the lottery pertains to. Visas cannot be carried over to the next fiscal year.
http://www.uscis.gov/green-card/oth...card-through-diversity-immigrant-visa-program


I am already in the United States. If selected, may I adjust my status with USCIS?
Yes, provided you are otherwise eligible to adjust status under the terms of Section 245 of the INA, you may apply to USCIS for adjustment of status to permanent resident. You must ensure that USCIS can complete action on your case, including processing of any overseas spouse or children under 21 years of age, before September 30, 2016, since on that date your eligibility for the DV-2016 program expires. No visa numbers or adjustments of status for the DV-2016 program will be approved after midnight EDT on September 30, 2016, under any circumstances.
http://travel.state.gov/content/dam...Translations/DV_2016_Instructions_English.pdf

9 FAM 42.33 N5.2 Petition/Application Validity
Under INA 204(a)(1)(I)(ii)(II) (8 U.S.C. 1154(a)(1)(I)(ii)(II)), persons registered as DV immigrants are entitled to apply for visa issuance only during the fiscal year for which the application was submitted. The petition is valid until midnight of the last day of the fiscal year for which the petition was submitted. There is no carry- over of benefit into another year for persons who do not receive a visa during the fiscal year for which they registered.
http://www.state.gov/documents/organization/87838.pdf
 
Thanks mom.


Sm1smom said:
1) An INFOPASS may or may not yield an immediate positive result, there's no guarantee. Only way to know is to give it a shot. Even if the outcome of the INFOPASS doesn't seem encouraging initially, the possibility of it bringing a case to the attention of whoever is in charge makes it worth it IMHO.

2) Early filing memo
http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2013/August/DV-Related I-485 Applications .pdf

Other Considerations
The adjustment of status process for diversity visa winners must be completed by September 30 of the fiscal year the lottery pertains to. Visas cannot be carried over to the next fiscal year.
http://www.uscis.gov/green-card/oth...card-through-diversity-immigrant-visa-program


I am already in the United States. If selected, may I adjust my status with USCIS?
Yes, provided you are otherwise eligible to adjust status under the terms of Section 245 of the INA, you may apply to USCIS for adjustment of status to permanent resident. You must ensure that USCIS can complete action on your case, including processing of any overseas spouse or children under 21 years of age, before September 30, 2016, since on that date your eligibility for the DV-2016 program expires. No visa numbers or adjustments of status for the DV-2016 program will be approved after midnight EDT on September 30, 2016, under any circumstances.
http://travel.state.gov/content/dam...Translations/DV_2016_Instructions_English.pdf

9 FAM 42.33 N5.2 Petition/Application Validity
Under INA 204(a)(1)(I)(ii)(II) (8 U.S.C. 1154(a)(1)(I)(ii)(II)), persons registered as DV immigrants are entitled to apply for visa issuance only during the fiscal year for which the application was submitted. The petition is valid until midnight of the last day of the fiscal year for which the petition was submitted. There is no carry- over of benefit into another year for persons who do not receive a visa during the fiscal year for which they registered.
http://www.state.gov/documents/organization/87838.pdf
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