Sm1smom
Super Moderator
Thanks for responding back. I wanted to be sure your wife's petition didn't get derailed by that trip - looks like everything is on track as it should.
DV 2016 AOS Only
- Thread starter Sm1smom
- Start date
Thanks for responding back. I wanted to be sure your wife's petition didn't get derailed by that trip - looks like everything is on track as it should.
Sm1smom
Super Moderator
Hi,
My current visa status is F1, however, i20 expired by today. As I understand, my status will be active for next 60 days.
My lottery number was current in February and the last step we made was Biometric on March 25. We didn't receive interview letter yet.
Now the question:
Is this a good idea to simply wait for an interview or it make more sense to apply for another year of study and update i-20?
Second option, obviously, require additional expenses which I try to avoid.
My driver's license expired as well, alone with i20
Please advise.
Thanks!
Well, regarding whether or not to apply for a new I-20 at this stage, my response is 'I don't know'. It would have made more sense for you to have applied for OPT a couple of months ago prior to your I-20 expiration.
Because your current status is now adjustment pending, you're obviously still in a legal status and should be okay by the time your I-485 petition gets approved. But if it gets denied, that could potentially create some issues for you.
fiore
Member
I asked a lawyer long time ago and he said even if the status is pending you should keep all your legal documents updated. It will not hurt you if you renew I-20 to make sure everything is on track. Also this should help you renew your dl while waiting for approval. Good luckHi,
My current visa status is F1, however, i20 expired by today. As I understand, my status will be active for next 60 days.
My lottery number was current in February and the last step we made was Biometric on March 25. We didn't receive interview letter yet.
Now the question:
Is this a good idea to simply wait for an interview or it make more sense to apply for another year of study and update i-20?
Second option, obviously, require additional expenses which I try to avoid.
My driver's license expired as well, alone with i20
Please advise.
Thanks!
Sm1smom
Super Moderator
If you submitted an I-765 form with your AOS package, that's what will be used in processing his EAD card, there's no other 'temporary EAD card'. The EAD processing time is 3-4 months.
So, if the process takes too long, he will receive the card before the green card?
Sm1smom
Super Moderator
Yes, that's how it's supposed to work. And the EAD card is only as good for as long as his AOS petition is pending.
But doesn't your husband already have some other form of work authorization?
He is the principal E2 Visa holder and works for his own business, my status is spouse of E2 and I won the lottery. I already have EAD. Doesn't he need his EAD to work for another employer?
Hi, how are you? Britsimonsays recommend me to get more information from you. Thank you for your help. I have a question about my number is getting close and really need to know what to do to confirm AOS since I found this from your spreadsheet but could not find where to confirm and who to confirm to. My number is 2016AS9xxx. It is not current and still have some risk but at least I want to get ready and when my number is current. Please direct me what to do since i have to AOS and where to do before I get my 2NL. Thank you very much and please advise.
Sean142
Sean142
Sm1smom
Super Moderator
Oh, I see. Yes, if he wants to work for someone else while his AOS is pending, he needs an AOS based EAD card. However bear in mind once he uses that card, he can't revert back to E2 if his AOS petition gets denied or isn't approved by the end of the FY.
Sm1smom
Super Moderator
Are you trying to confirm your eligibility to process AOS? If yes, the questions you have to answer are did you enter the US legally - where you legally admitted? Have you always been in status since your admission into the US? If you answer yes to all, then you're eligible.
The AOS spreadsheet already contain a step by step guidance of how to process AOS. You need to spend some time to carefully go over it.
Hi,
My case is still pending. On INFOPASS on this week they told me that there is pending request to FBI. And the request to FBI was sent on 27 Jan.
Any idea how long it can take to clear background check in case it wasn't done in a few days? Having this situation is it better to be prepared to that FBI don't care about DV and I can miss the fiscal year?
Thanks.
My case is still pending. On INFOPASS on this week they told me that there is pending request to FBI. And the request to FBI was sent on 27 Jan.
Any idea how long it can take to clear background check in case it wasn't done in a few days? Having this situation is it better to be prepared to that FBI don't care about DV and I can miss the fiscal year?
Thanks.
Sm1smom
Super Moderator
It basically means your background check hasn't cleared, i.e. you're on AP. Unfortunately, it's hard to say how long that might take. A pending AP could take anything from days/weeks to months to years - it really depends on what the initial check revealed to them.
For DV cases, they do try to rush things through by the end of the applicable FY, but there have been situations where some cases simply don't get to scale that hurdle by the end of the FY unfortunately. All hope isn't yet lost in your case, there's still about 6 months left, so fingers crossed for you.
KentConcept
Member
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
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
Thank you, this is exactly I saw some time back and I shared this info on this forum. But I couldn't share the article in question.
SusieQQQ
Well-Known Member
Yes, if you had found the source it would have been much clearer - I think what confused us then was the way you had worded it - you'd said a "conditional green card" would be issued. This is not the case, a conditional green card is something very different; from that memo it is a normal green card but will be revoked if the check produces an adverse outcome.
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
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
Sm1smom
Super Moderator
Please make use of the Timelines spreadsheets! We're making all these tools available to assist everyone in personally monitoring their case up to an extent. I honestly want to help people, but I don't want to spend my time answering questions we've already provided answers or useful tools for. If you go over the timelines spreadsheets or monitor the forum by reading about other people's cases, the answer to this particular question at this point in time should have been obvious.