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DV 2016 AOS Only

Not quite, I believe. If the F-1 should be adjudicated first and the pending application declined, which is a possibility given the duration of this specific I-539 filing which is rather unusual, then he could subsequently be found to have been out of status at the time of having filed the I-485, making him ineligible to follow that route. This would leave CP open for DV processing, which probably should have been the route to follow in the first place in this DV case. But hey, he mentioned that he is working through an immigration lawyer, so should hopefully have received/continue to receive proper counsel.
Ok now I get it, He did not have F1 status, he filed under F1 pending. For F1 students who are already on F1 status and his case is different. Thanks for the clarification
 
Hi Mom,

Quick question for you, my ds260 has been processed a month ago and I just find that I made a tiny mistake in one of my previous address (put 44th street instead of 45th). Is that an issue and how can I correct that ? Thanks for ur help.
 
Hi Mom,

Quick question for you, my ds260 has been processed a month ago and I just find that I made a tiny mistake in one of my previous address (put 44th street instead of 45th). Is that an issue and how can I correct that ? Thanks for ur help.

Don't bother correcting it.
 
Hello britsimon and mom
Really im happy to write you both,because you helped me in 2014 when my visa dv lottery was under *AP and I have got it two days before the due date in September,and i'm looking for your advices in a problem happened to me,my wife is pregnant and her due date in the first of march I send an affidavit of support for my mom and my sister,my mother 73 years that's why I applied for my sister to join her in the trip,my mother has 4 visas in her passport,france and italy and Spain my sister no never travel abroad of my country my brother sponsored her by 40000 dollars in bank but in the day of interview they got denied both??? The consular officer talk only with my sister and gave them the 214 paper.and now I decided to apply for my mom only,and her doctor in usa gave us an certificate that's saying that my wife has a complicated pregnancy because she's diabetes,can you please tell me some advices thank you very much by the way i'm from morocco
 
Hello britsimon and mom
Really im happy to write you both,because you helped me in 2014 when my visa dv lottery was under *AP and I have got it two days before the due date in September,and i'm looking for your advices in a problem happened to me,my wife is pregnant and her due date in the first of march I send an affidavit of support for my mom and my sister,my mother 73 years that's why I applied for my sister to join her in the trip,my mother has 4 visas in her passport,france and italy and Spain my sister no never travel abroad of my country my brother sponsored her by 40000 dollars in bank but in the day of interview they got denied both??? The consular officer talk only with my sister and gave them the 214 paper.and now I decided to apply for my mom only,and her doctor in usa gave us an certificate that's saying that my wife has a complicated pregnancy because she's diabetes,can you please tell me some advices thank you very much by the way i'm from morocco

Welcome back. You are giving very little information. I'm not even sure what sort of visa you are applying for. It doesn't sound like a DV case, so you are probably on the wrong thread. Perhaps give more clear information and we can move your post to the right place.
 
Hello britsimon and mom
Really im happy to write you both,because you helped me in 2014 when my visa dv lottery was under *AP and I have got it two days before the due date in September,and i'm looking for your advices in a problem happened to me,my wife is pregnant and her due date in the first of march I send an affidavit of support for my mom and my sister,my mother 73 years that's why I applied for my sister to join her in the trip,my mother has 4 visas in her passport,france and italy and Spain my sister no never travel abroad of my country my brother sponsored her by 40000 dollars in bank but in the day of interview they got denied both??? The consular officer talk only with my sister and gave them the 214 paper.and now I decided to apply for my mom only,and her doctor in usa gave us an certificate that's saying that my wife has a complicated pregnancy because she's diabetes,can you please tell me some advices thank you very much by the way i'm from morocco

Congratulations on starting your new life in the US, and all the best on the expected arrival of your new baby. This Thread which you've posted on is specifically for DV selectees processing AOS, it's not meant for questions related to other visa issues. However, I will make an exception and respond to your issue.

Your mom will need to prove she has no immediate immigrant intent and that she has a strong tie to her home country in order for her visitor's visa to be approved. You can read more on steps to take regarding demonstrating a strong tie to one's home country from the following link:

http://www.visapro.com/Immigration-Articles/?a=1196&z=46
 
Hi Britsimon and Mom, First of all I'd like to say thank you and God bless you for putting this forum and spreadsheet together. I had hired a lawyer to help me with the AOS process but after I found this forum I realized I can do it all by myself! :)

I have a few questions:

1. My number became current today (finally!) It's AF19xxx. I am currently on OPT that ends in May. I am planning to send in my paperwork ASAP (possibly tomorrow morning!). Do you think I will have enough time to have at least my new EAD by mid-May? Also, do you think submitting the EAD application without an Advance Parole application will make the process of getting the EAD faster?

2. My company is planning to file H1B for me this April, if I don't have my new EAD before April 1st (which is unlikely). Do you think having an H1B application on file will hurt my chances of getting the greencard, when I go to the interview later this year?
 
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Thank's everyone for sharing advices. Now, trying to think at all scenarios, if we need to go back to CP at the Consulate, have you guys heard anybody doing this turn arround?
KCC said that if decide to change the option to go back to the Embassy, we would need to go at the end of the line bassically and wait for the interview to scheduled maybe in best scenario somewhere may-june?( if all Dv visas are not done at that point). I know it takes about 1-2 months to get the case to the embassy.
At that point it will not matter the Case nr anymore, Eu17***? We completed Ds260 in December only, since we optioned for Aos?
They were keep saying that the best shot is here even they never let me explain about my status pending, because is not their authority.
 
Hi Britsimon and Mom, First of all I'd like to say thank you and God bless you for putting this forum and spreadsheet together. I had hired a lawyer to help me with the AOS process but after I found this forum I realized I can do it all by myself! :)

I have a few questions:

1. My number became current today (finally!) It's AF19xxx. I am currently on OPT that ends in May. I am planning to send in my paperwork ASAP (possibly tomorrow morning!). Do you think I will have enough time to have at least my new EAD by mid-May? Also, do you think submitting the EAD application without an Advance Parole application will make the process of getting the EAD faster?

2. My company is planning to file H1B for me this April, if I don't have my new EAD before April 1st (which is unlikely). Do you think having an H1B application on file will hurt my chances of getting the greencard, when I go to the interview later this year?

1. EAD card processing (with or without an AP application) typically takes about 3 months from when the AOS package is formally received, could take a bit longer sometimes.

2. No, it wouldn't.
 
Hello Sm1smom and Britsimon, thanks so much for your efforts in this forum and the Google doc guide. I'm very grateful.

Both my wife and I submitted properly filled out G-1145s with our AOS packages (we followed the "New AOS Process" guidelines exactly). Each G-1145 had different information (my wife's email and phone number for hers, my email and phone number for mine). Today, my wife received 6 separate email and text notifications for the same six MSC numbers and I received none. Has the lockbox missed something? I am the principal applicant so I'm confused why she would be getting these notifications instead of me (no emails or texts). What do each of the MSC numbers mean? Should there be six per person or per couple (3 per person)? I know we should be expecting official I-797s in about week. However, is this something I should contact that NBC/lockbox about? Happy to provide more information if that would be helpful.
 
Thank's everyone for sharing advices. Now, trying to think at all scenarios, if we need to go back to CP at the Consulate, have you guys heard anybody doing this turn arround?
KCC said that if decide to change the option to go back to the Embassy, we would need to go at the end of the line bassically and wait for the interview to scheduled maybe in best scenario somewhere may-june?( if all Dv visas are not done at that point). I know it takes about 1-2 months to get the case to the embassy.
At that point it will not matter the Case nr anymore, Eu17***? We completed Ds260 in December only, since we optioned for Aos?
They were keep saying that the best shot is here even they never let me explain about my status pending, because is not their authority.
What is the specific advice from your immigration lawyer "at this stage of the game"? Did he/she originally advise you to process AOS? I personally have never heard about a case reversing AOS to CP this late during DV processing, this does not mean it is not hypothetically possible of course. Least of your concerns are DV EU visa running out this year, you have bigger fish to fry before you'd even get to this step, though.
 
What is the specific advice from your immigration lawyer "at this stage of the game"? Did he/she originally advise you to process AOS? I personally have never heard about a case reversing AOS to CP this late during DV processing, this does not mean it is not hypothetically possible of course. Least of your concerns are DV EU visa running out this year, you have bigger fish to fry before you'd even get to this step, though.

The lawyer is convinced that everything should be fine, but the fact that days are flying, at this point, I'm really concerned that if the result here comes bad, if it takes another 3-4 weeks to finish it up, it will be too late to decide to change to Cp. Lawyer said that everything should be fine with the F1 processing and I'm concerned now because we had the RFE for F1 2 weeks ago( because of Sevis being inactive at the time of processing, since it took them 8 months to get to it-Vermont center). The RFE was answered back quick, but now I'm concerned in case it comes back denied, KCC said it takes 1 month on their end to move the case to the consulate, and even if they do it, it's no guarantee that I will get a chance for an interview even my case nr is available now.
 
What is the specific advice from your immigration lawyer "at this stage of the game"? Did he/she originally advise you to process AOS? I personally have never heard about a case reversing AOS to CP this late during DV processing, this does not mean it is not hypothetically possible of course. Least of your concerns are DV EU visa running out this year, you have bigger fish to fry before you'd even get to this step, though.

When we found out about the Dv selection, initially we said we are going for CP. But the problem was the F1 was processing already at that time. If we were to leave the country with a case pending, if would have been considered abandoned and become out of status since application. When the B2 got approved, it came approved for 1 day. It was requested until end of april and we only received in Sep 03 afternoon valid until Sep 4th. Actually ( when we got it in the mail it was expired already). At that point, we listened the fact the application would have become abandoned and we kept our way with the F1. The problem arrives if it comes negative now, after all this months, when I was always under the impression that a timely filled application( while another one is processing), is considered extended authorized period of stay ( which is true, based on the ), but is not considered ''STATUS'' like I thought.
 
When we found out about the Dv selection, initially we said we are going for CP. But the problem was the F1 was processing already at that time. If we were to leave the country with a case pending, if would have been considered abandoned and become out of status since application. When the B2 got approved, it came approved for 1 day. It was requested until end of april and we only received in Sep 03 afternoon valid until Sep 4th. Actually ( when we got it in the mail it was expired already). At that point, we listened the fact the application would have become abandoned and we kept our way with the F1. The problem arrives if it comes negative now, after all this months, when I was always under the impression that a timely filled application( while another one is processing), is considered extended authorized period of stay ( which is true, based on the ), but is not considered ''STATUS'' like I thought.
Yes, this quite sums up the problem you are facing. What I wonder, and indeed do hope, is that there is a potential solution for your case, given that the timing of F-1/AOS adjudications is very much out of your hands now. That is why I had asked about legal advice you may be receiving in this matter.
 
Hello Sm1smom and Britsimon, thanks so much for your efforts in this forum and the Google doc guide. I'm very grateful.

Both my wife and I submitted properly filled out G-1145s with our AOS packages (we followed the "New AOS Process" guidelines exactly). Each G-1145 had different information (my wife's email and phone number for hers, my email and phone number for mine). Today, my wife received 6 separate email and text notifications for the same six MSC numbers and I received none. Has the lockbox missed something? I am the principal applicant so I'm confused why she would be getting these notifications instead of me (no emails or texts). What do each of the MSC numbers mean? Should there be six per person or per couple (3 per person)? I know we should be expecting official I-797s in about week. However, is this something I should contact that NBC/lockbox about? Happy to provide more information if that would be helpful.

Only one person receives all the text/email updates, (regardless of having provided an individual phone number/email address for each petitioner), and it's usually the main petitioner. However, it's not unusual for the derivative to receive all the updates while nothing gets sent to the main petitioner. No need to panic, and there's no need/reason to contact USCIS regarding this. If you included forms I-131 and I-765 with your I-485 for each of you, that explains why you guys are receiving 6 MCS numbers (3 per person, representing the 3 forms).
 
I personally have never heard about a case reversing AOS to CP this late during DV processing, this does not mean it is not hypothetically possible of course. .

This might be why KCC are telling him not to do it...

KCC said it takes 1 month on their end to move the case to the consulate, and even if they do it, it's no guarantee that I will get a chance for an interview even my case nr is available now.

Actually, from reports before I'd be surprised if it's only one month to move it. Furthermore, the appointment schedule for consulates is drawn up 2 months in advance (i.e. the April interviews are currently being scheduled). If your consulate is not that busy you might be able to sneak in an appointment within that 2 month timeframe but if it is a busy one and the schedule means it takes all available slots, you would have to wait till the next scheduling round. So a possible outcome for example if hypothetically your number is current now - KCC takes their stated one month to change the process but then you need to wait 2 months for an interview slot - if you miss the scheduling round at the start of next month then the earliest you might get interviewed is June. Personally if I were you and thinking there was a real chance I'd need to change to CP, I'd do it now rather than follow a wait and see approach.

Also one hopes your lawyer is acting in your best interest, but if you move to CP you don't have to use/pay him anymore. Of course I would hope this fact is not affecting his advice.
 
The lawyer is convinced that everything should be fine, but the fact that days are flying, at this point, I'm really concerned that if the result here comes bad, if it takes another 3-4 weeks to finish it up, it will be too late to decide to change to Cp. Lawyer said that everything should be fine with the F1 processing and I'm concerned now because we had the RFE for F1 2 weeks ago( because of Sevis being inactive at the time of processing, since it took them 8 months to get to it-Vermont center). The RFE was answered back quick, but now I'm concerned in case it comes back denied, KCC said it takes 1 month on their end to move the case to the consulate, and even if they do it, it's no guarantee that I will get a chance for an interview even my case nr is available now.
Well, ultimately it is a trust issue: assuming you are working with an experienced immigration lawyer who knows what he/she is doing and you feel that you get sound advice. Substantiating an I-539 Change Status to F application with effective support from a recognized university is in principle not overly difficult. If your lawyer "is convinced that everything should be fine", then you have either the option to ride this out and take what the ongoing AOS processes will provide or, to stay in the picture, try to change horses during the race. You should assume that the change from AOS to CP may face other serious challenges, albeit different ones. It is your call and your call only at the end of the day. Very best of luck, whichever one you go for!
 
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1. EAD card processing (with or without an AP application) typically takes about 3 months from when the AOS package is formally received, could take a bit longer sometimes.

2. No, it wouldn't.

Ok thanks! Also, what is the meaning of the 2NL letter? I got the email from KCC, does it mean that they have sent my case to USCIS?
 
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