Britsimon
Super Moderator
Well if you are OK with waiting - that's OK - but really the SF office still doesn't seem to understand how to process DV cases. I experienced that myself in 2014!
DV 2016 AOS Only
- Thread starter Sm1smom
- Start date
Well if you are OK with waiting - that's OK - but really the SF office still doesn't seem to understand how to process DV cases. I experienced that myself in 2014!
Pamuk
Member
Dear @ASGA ,
When I called USCIS phone number and finally reached to someone I could talk to one day, I was told exactly the same; normal waiting time is 4-5 months for my field office, so I was told I should wait. I would get my IL according to that. I asked the person on the phone whether this was the same for green card lottery cases. She responded "no exceptions". Yet, I believed strongly what Mom and Britsimon said in this forum; yes, there is an exception. Our case is different than the other green card cases. Therefore, I didn't go for INFOPASS; instead I decided to wait for 2 months before I schedule one. I received my IL no later than 2 months after my biometrics. My interview was scheduled 16 days after that (2.5 months all together after the biometrics). By the way, I didn't have any message or case update regarding IL either. Hopefully you will have yours soon too. It is very hard to wait but it should work. This forum and excel-timeline (comparing my dates with others) helped me a lot. My dates (except the interview date) were very similar to @Elixir Gautam 's. It encouraged me a lot. I also learned to be patient a little, thank to Mom. I hope that you will receive your IL soon too.
Sorry if I interrupted, I just wanted to share my experience hoping it would help you at least a tiny bit.
When I called USCIS phone number and finally reached to someone I could talk to one day, I was told exactly the same; normal waiting time is 4-5 months for my field office, so I was told I should wait. I would get my IL according to that. I asked the person on the phone whether this was the same for green card lottery cases. She responded "no exceptions". Yet, I believed strongly what Mom and Britsimon said in this forum; yes, there is an exception. Our case is different than the other green card cases. Therefore, I didn't go for INFOPASS; instead I decided to wait for 2 months before I schedule one. I received my IL no later than 2 months after my biometrics. My interview was scheduled 16 days after that (2.5 months all together after the biometrics). By the way, I didn't have any message or case update regarding IL either. Hopefully you will have yours soon too. It is very hard to wait but it should work. This forum and excel-timeline (comparing my dates with others) helped me a lot. My dates (except the interview date) were very similar to @Elixir Gautam 's. It encouraged me a lot. I also learned to be patient a little, thank to Mom. I hope that you will receive your IL soon too.
Sorry if I interrupted, I just wanted to share my experience hoping it would help you at least a tiny bit.
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Sm1smom
Super Moderator
If an I-134 is required, you will need to also submit the supporting documents as evidence of what's listed on the I-134.
Sm1smom
Super Moderator
The RFE response isn't going to be considered as a new application, you're still considered as F-1 pending for as long as that initial petition isn't approved or denied (until a final decision is made). Since the I-485 is already submitted and the biometric has taken place (or is most likely to take place before the F1 petition is approved), it doesn't make sense to me to withdraw the I-485 at that stage (even if the F1 gets approved before the biometrics takes place).
EURO2014
Well-Known Member
Right. If I understand correctly, they are currently both again on B visitor status? Hence, as a minimum they will need to make 100% sure to remain in status throughout the process. Given the complexities and potential risks involved in this specific case, I personally, also keeping related lawyer fees in mind, would probably have opted for CP in their shoes, which would have represented a clean cut with the extended F/B visa story and safe sailing with EU CN @ US Consulate. Probably not advisable to change horses during the race, though.
@Sm1smom... I have a question regarding my H-1B visa... My case number is As6XXX....and i am on OPT which is getting Expire in Coming July... MY employer is filing my H-1B this year and i have to pay the Lawyer fee which is quite more.. Do you suggest me to go for H-1B submission or should i wait for MY Case number to be current..????
I really appriciate your promote response.....
Thank You.
I really appriciate your promote response.....
Thank You.
Sm1smom
Super Moderator
It's unfortunate the SF FO is dragging its butt again this year, just like NY FO seem to be doing also. You can seek assistance regarding IL follow up with your congress person, in addition to possibly scheduling another INFOPASS, in place of simply resigning and accepting their response about the standard 4 months' wait. One of these efforts may lead to the IL being sent.
Sm1smom
Super Moderator
In situations like this, I honestly don't like telling people 'do this' or 'do that' considering the fact that I have no idea of what your financial situation is like, nor a full picture of your US immigration history. But the question you can ask yourself is 'will you have any legal status to immediately fall back on if you don't have a pending H-1B petition in the system if for whatever reason your AOS petition gets denied?' Also ask yourself 'is paying the immigration lawyer for the H-1B process worth it as in giving you some peace of mind, or do you view it as simply throwing money away?' 'When do you need to pay the lawyer, and are you expected to make the entire payment at once or it can be made in installments which may enable to cancel the lawyer's service and reduce the payment in case your AOS petition gets approved before the H-1B?'
Hopefully your answers to these questions and some others you may come up with on your own will give you the guidance you need.
Thanks mom! Will the supporting documents only need to be copies or need to be originals at the interview?
Sm1smom
Super Moderator
Copies should be fine.
Hi Mom,
On the USCIS check status web site there are "Case Inquiry" option where I can report "Outside processing time". Does it make sense to create inquiry even if they told me on call that the timing is fine and I need to wait? Just not sure if it will help me or make worse...
Also I checked that Congressman of Queens of NYC is close to me to walk in, so I'm not sure if I just can go there... Or Create an Inquiry first...
Thanks
On the USCIS check status web site there are "Case Inquiry" option where I can report "Outside processing time". Does it make sense to create inquiry even if they told me on call that the timing is fine and I need to wait? Just not sure if it will help me or make worse...
Also I checked that Congressman of Queens of NYC is close to me to walk in, so I'm not sure if I just can go there... Or Create an Inquiry first...
Thanks
Sm1smom
Super Moderator
Did you schedule an INFOPASS like I earlier on suggested? The online case inquiry will most likely return the same response as that of calling the 1800 - it will be a standard response regarding the general AOS process, which is not applicable to DV based petitions.
I don't know if your congress person welcomes walk-in enquiries or not, people typically contact them via phone/email AFAIK.
Unfortunately, when I'm scheduling appointment it say "At this time, there are no information appointments available for the office in your area. Please try back again later."
I'll try more, and yeah, thanks for thoughts about Case Inquiry.
Marian Valentin
New Member
Thank you for your response. The I 485 is submitted, but no receipt/ biometrics yet( today is a week since the I 485 was sent). My concern is if the I 485 gets intercepted in the F1 application, would that be denied because of F1 not being a dual intend or will it be needed to be withdrawn?
The I 485 will still be accepted as application if F1 gets denied ?
If the F1 gets denied and we need to go with Cp, the unauthorized period of stay begins on when the decision is made( as listed on the memorandum) or when we applied for it?
I know we decided to go with a lawyer and I should listen to him, but being this time now, I'm just trying to hear different perspectives and all opinions all welcomed.
Again, thank's again for answering!
EURO2014
Well-Known Member
If your F-1 application should be denied (is there a realistic risk that it might be?) and your original visa status has run out, USCIS will follow its denial of your application with a notice placing you into removal (deportation) proceedings. If you can’t show that you have some separate basis for being allowed to stay in the United States, you will be asked to voluntarily depart by a certain date and ordered deported thereafter. Truly hope it won't come to this, of course. Of course you must hold continuous legal status throughout your AOS I-485 process, which currently is in its very early stages. Not quite sure how any change attempt to CP processing will work out this late in the game. You need to work through this in detail with your immigration lawyer.
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EURO2014
Well-Known Member
PS: last thought from my end - you might want to check with your lawyer whether being considered "I-485 pending status" from expired/rejected nonimmigrant status would, in this case, provide a basis to remain in the US while your I-485 is in process. Note that adjustment of status is up to the discretion of the USCIS officer handling each case.
Sm1smom
Super Moderator
The F1 petition is an independent one from the AOS petition, and they will be treated as such. Yes, the F1 petition may be denied as a result of the AOS petition since the F1 is not a dual intent status, however only the IO has the final say at the end of the day.
Period of unauthorized stay starts from when the last authorized stay expired regardless of when the change of status denial decision is/was made. If your authorized stay has already expired before your AOS package gets formally accepted, and you now go ahead to withdraw the F1 petition, you may technically be considered to be out of status as at the time of filing AOS in that case. Like @EURO2014 earlier on mentioned, your best bet would have been to process CP from the on set, but that's no longer relevant now anyways.
Pamuk
Member
Dear Mom and Forum Friends,
I received my green card today (Jan 28th). I was out so I found out after I came back. I wanted to share this beautiful news and my happiness with you all.
I will always remember you with deepest gratitude. Thank you, thank you, and thank you... I also wish rest of the friends the best of luck with their case... Please trust Mom, she is a wonderful guide ! God bless you all...
I received my green card today (Jan 28th). I was out so I found out after I came back. I wanted to share this beautiful news and my happiness with you all.
I will always remember you with deepest gratitude. Thank you, thank you, and thank you... I also wish rest of the friends the best of luck with their case... Please trust Mom, she is a wonderful guide ! God bless you all...
