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DV 2016 AOS Only

I'm new to this form. I've been reading the posts only for the past hour or so and i admit it is very very useful! Thank you moderators and members for all the priceless info you share. May we all share goodness & may all our dreams come true. I will definitely post my experience with exact dates once the whole process is completed.

I need an advice regarding my status. I'm working in the US under an H1B visa. I am a DV 2016 winner. I submitted my AOS application & did my fingerprints a month ago. Now awaiting my interview.

My I-94 Expires on June 30th 2016. I have a new contract with the hospital i'm working in that starts July 1st 2016 for 1 year. I did not apply for a new I-94/I-797 since i'm hoping ill get my green card by June 30th. I did not apply for employment authorization either. However, since there is a possibility that green card processing can take longer, do i have to apply for a new I-94 / extend my H1B ?? What if my interview is in August and the officer tells me that my I-94 is expired ? Does submitting adjustment of status application provides you legal stay while your application is pending ? What about work ? Is a contract enough or you need a new visa while you're awaiting your AOS ??

Thanks very much indeed!
 
Good evening everyone,
I've been a long time lurker on this forum, and it helped me very much organizing my documents.

I checked the Visa Bulletin and I'll be eligible to apply for AOS in June. So, I'll send my file to USCIS on May 31st (It takes 1-2 business days to be delivered to their offices).

My problem is:
I submitted my file back in December 2015 thinking there was no order (first come, first served) and it was denied.
They sent back the whole package (checks included) with a cover sheet saying that I have to include it when I re-apply.

My questions are:
- I am a little anxious about the denial I received. Will it be a problem during the interview?
- What do I need to do before I re-apply? Are the medical exams that I took in November still valid?
- For the ones who applied and received their GC, how long did it take to get your GC (since more than 1.5 million people are applying for citizenship/PR this year due to the election) ?

Thank you!
 
TeeBee67 said:
I'm new to this form. I've been reading the posts only for the past hour or so and i admit it is very very useful! Thank you moderators and members for all the priceless info you share. May we all share goodness & may all our dreams come true. I will definitely post my experience with exact dates once the whole process is completed.

I need an advice regarding my status. I'm working in the US under an H1B visa. I am a DV 2016 winner. I submitted my AOS application & did my fingerprints a month ago. Now awaiting my interview.

My I-94 Expires on June 30th 2016. I have a new contract with the hospital i'm working in that starts July 1st 2016 for 1 year. I did not apply for a new I-94/I-797 since i'm hoping ill get my green card by June 30th. I did not apply for employment authorization either. However, since there is a possibility that green card processing can take longer, do i have to apply for a new I-94 / extend my H1B ?? What if my interview is in August and the officer tells me that my I-94 is expired ? Does submitting adjustment of status application provides you legal stay while your application is pending ? What about work ? Is a contract enough or you need a new visa while you're awaiting your AOS ??

Thanks very much indeed!
Click to expand...

If your AOS petition is still pending by the time your current H1 status expires, you'll need to stop working since you didn't apply for an AOS based EAD card nor renew your current status which authorizes you to work.

Having a pending AOS petition with an expired status is typically not a problem. Your new status will be adjustment pending - of course this is only applicable in a situation where one submits their AOS petition and that petition is formally accepted by USCIS before the current status expires.

For meeting he financial obligations required in order to be approved, the IO will most likely consider a number of factors before deciding if an applicant needs to present an affidavit of support or not - employment history, current savings, offer of employment or current employment letter, pay stubs, IRS tax returns, etc.
 
zunlux1 said:
Good evening everyone,
I've been a long time lurker on this forum, and it helped me very much organizing my documents.

I checked the Visa Bulletin and I'll be eligible to apply for AOS in June. So, I'll send my file to USCIS on May 31st (It takes 1-2 business days to be delivered to their offices).

My problem is:
I submitted my file back in December 2015 thinking there was no order (first come, first served) and it was denied.
They sent back the whole package (checks included) with a cover sheet saying that I have to include it when I re-apply.

My questions are:
- I am a little anxious about the denial I received. Will it be a problem during the interview?
- What do I need to do before I re-apply? Are the medical exams that I took in November still valid?
- For the ones who applied and received their GC, how long did it take to get your GC (since more than 1.5 million people are applying for citizenship/PR this year due to the election) ?

Thank you!
Click to expand...

- No, the initial denial will not be a problem.
- I suggest you go back to the CS and request for them to fill out a new set of forms for you with a more current date - they may or may not be willing to do that though. The medical exam is technically valid for 6 months only - the IO may make an issue of that at the time of your interview considering the fact that what you currently have will be 6 months old by the time you file as planned at the end of May.

- Check the Timeline spreadsheets to get an idea of other DV based AOS processing times.

On a side note, I hope you're aware of the possibility of submitting the petition one or two months ahead of when the CN becomes current. Yes I'm aware you already got an initial rejection based on you submitting your petition 6 months before your CN became current, and the fear of another rejection or a denial is probably heavy at the back of your mind. You should go through the AOS process spreadsheet which we've put together for further guidance though - the link to the spreadsheet is on the first post on page one of this Thread.
 
Sm1smom said:
If your AOS petition is still pending by the time your current H1 status expires, you'll need to stop working since you didn't apply for an AOS based EAD card nor renew your current status which authorizes you to work.

Having a pending AOS petition with an expired status is typically not a problem. Your new status will be adjustment pending - of course this is only applicable in a situation where one submits their AOS petition and that petition is formally accepted by USCIS before the current status expires.

For meeting he financial obligations required in order to be approved, the IO will most likely consider a number of factors before deciding if an applicant needs to present an affidavit of support or not - employment history, current savings, offer of employment or current employment letter, pay stubs, IRS tax returns, etc.
Click to expand...



Thank you for your reply! When u say "petition is formally accepted by USCIS " you mean issuing an I-797C ? or issuing a green card ? My I-797C says "The above application/Petition has been received by our office and is i progress", does that mean formal acceptance ?

I still have 2 more months for my I-94 to expire, u think i should apply for EAD now ? Or just renew my H1b to be on the safe side ?? Can you renew H1b while you have an AOS status pending ??

Thanks a million!
 
TeeBee67 said:
Thank you for your reply! When u say "petition is formally accepted by USCIS " you mean issuing an I-797C ? or issuing a green card ? My I-797C says "The above application/Petition has been received by our office and is i progress", does that mean formal acceptance ?

I still have 2 more months for my I-94 to expire, u think i should apply for EAD now ? Or just renew my H1b to be on the safe side ?? Can you renew H1b while you have an AOS status pending ??

Thanks a million!
Click to expand...

- A petition is considered formally accepted upon the issuance of a NOA. So yes, the notice you have is the proof of acceptance by USCIS.

- I'm not an immigration attorney, I only provide guidance on straight forward DV based AOS petitions. You'll have to decide on your own whether you should go ahead and apply for an EAD card or to renew your H1B visa.

Having said that, I can also say the good news is a H1B visa is a dual intent visa, so submitting a renewal application after declaring an immigration intent shouldn't count against you. However there's the possibility of that new application causing a slight delay in getting the AOS petition approved.
 
Sm1smom said:
- A petition is considered formally accepted upon the issuance of a NOA. So yes, the notice you have is the proof of acceptance by USCIS.

- I'm not an immigration attorney, I only provide guidance on straight forward DV based AOS petitions. You'll have to decide on your own whether you should go ahead and apply for an EAD card or to renew your H1B visa.

Having said that, I can also say the good news is a H1B visa is a dual intent visa, so submitting a renewal application after declaring an immigration intent shouldn't count against you. However there's the possibility of that new application causing a slight delay in getting the AOS petition approved.
Click to expand...


Thanks Mom! Is it ok filing an EAD now after i filed I-485 already ?? What's your experience with EADs filed after AOS ? Whats the usual timeline to be issued ? Does it need a separate interview / fingerprints ??
 
TeeBee67 said:
Thanks Mom! Is it ok filing an EAD now after i filed I-485 already ?? What's your experience with EADs filed after AOS ? Whats the usual timeline to be issued ? Does it need a separate interview / fingerprints ??
Click to expand...

Yes, there have been instances where a petitioner filed for EAD after the AOS petition. The processing time is typically 3-4 months. The approval process doesn't require an interview, considering that you've already done the bio, my guess is a new bio might not be required for the new EAD filing.

The impact of filing for an EAD card now also has to do with the possibility of its delaying the AOS petition approval as your FO may need to request the EAD file from whichever office is processing it in order for them to merge the files before approving AOS.
 
Sm1smom said:
Yes, there have been instances where a petitioner filed for EAD after the AOS petition. The processing time is typically 3-4 months. The approval process doesn't require an interview, considering that you've already done the bio, my guess is a new bio might not be required for the new EAD filing.

The impact of filing for an EAD card now also has to do with the possibility of its delaying the AOS petition approval as your FO may need to request the EAD file from whichever office is processing it in order for them to merge the files before approving AOS.
Click to expand...


Good to know that! I just did an infopass appointment last week and the officer told me that my file is still in the NBC and was not forwarded yet to the FO. She said its because sometimes background checks vary from one person to the other. Can i call FBI to see if at least if my check was completed or still in progress ??
 
TeeBee67 said:
Good to know that! I just did an infopass appointment last week and the officer told me that my file is still in the NBC and was not forwarded yet to the FO. She said its because sometimes background checks vary from one person to the other. Can i call FBI to see if at least if my check was completed or still in progress ??
Click to expand...

You can call, they most likely wouldn't give you that information. The FBI no longer provides that information to applicants.
 
Hi @Sm1smom and all!

I sent my AOS package on friday and today they received it at the chicago lockbox. I was reviewing the excel spreadsheet today to see what were the next steps and found the USCIS_Questions_and_Answers_NBC-FloridaBar042412. I hadn't seen it before. Long story short I think I made a mistake. On my I-485 part 2 I selected the letter a: "...immediately visa number available..." I should have selected "h" no? as they explain on answer 9.

Please let me know if this has happened before and if I should send i new copy of the i485. How would this work?

Thanks a lot for your help!
 
hugoi said:
Hi @Sm1smom and all!

I sent my AOS package on friday and today they received it at the chicago lockbox. I was reviewing the excel spreadsheet today to see what were the next steps and found the USCIS_Questions_and_Answers_NBC-FloridaBar042412. I hadn't seen it before. Long story short I think I made a mistake. On my I-485 part 2 I selected the letter a: "...immediately visa number available..." I should have selected "h" no? as they explain on answer 9.

Please let me know if this has happened before and if I should send i new copy of the i485. How would this work?

Thanks a lot for your help!
Click to expand...

Yes, the applicable option for a DV based AOS petition is 'H' for the main applicant.

Has what you did happened before? I don't know. My guess is the Chicago lockbox will probably reject your package and send it back once they can't figure out the basis of your eligibility based on the option you selected. But then I could be wrong and they somehow figure out the unintentional error for you.

If you decide to preempt them by sending in a new I-485, you'll actually have to send in a complete package, not just the I-485 form alone. Of course you can give them a call to discuss th issue and see if they will work over the phone to correct the error or guide you on what to do.
 
Sm1smom said:
AFAIK, there's no listed number for contacting the Chicago Lockbox directly. All calls have to go through the NCSC.
Click to expand...

Thanks. Yes it looks like they only have an email for the Chicago Lockbox. I cant believe I did this mistake. I am freaking out. I let you know what they tell me.
 
Hello everybody! First of all i would like to thank this forum and especially Mom for her hard work and her endless help and support that she gives us in this forum. I received my green card recently and would like to share my interview experience. My interview was very simple and short. I arrived 10 minutes early and was called on time. The officer went through yes no questions on i485 and asked the last entry port to US. She also asked if i was still on F1 and i showed her my diploma from University and gave her the copy of it. She congratulated me with my diploma and said that i will receive my 10 year green card within 10 days. That was it. I checked the case status next day and it showed CPO. I received my greencard a week after the interview.
Again Mom thank you very much, you helped me a lot and i really appreciate it. I owe you big time.
 
Amir Umarov said:
Hello everybody! First of all i would like to thank this forum and especially Mom for her hard work and her endless help and support that she gives us in this forum. I received my green card recently and would like to share my interview experience. My interview was very simple and short. I arrived 10 minutes early and was called on time. The officer went through yes no questions on i485 and asked the last entry port to US. She also asked if i was still on F1 and i showed her my diploma from University and gave her the copy of it. She congratulated me with my diploma and said that i will receive my 10 year green card within 10 days. That was it. I checked the case status next day and it showed CPO. I received my greencard a week after the interview.
Again Mom thank you very much, you helped me a lot and i really appreciate it. I owe you big time.
Click to expand...
PS: I will update timeline in a bit
 
Amir Umarov said:
Hello everybody! First of all i would like to thank this forum and especially Mom for her hard work and her endless help and support that she gives us in this forum. I received my green card recently and would like to share my interview experience. My interview was very simple and short. I arrived 10 minutes early and was called on time. The officer went through yes no questions on i485 and asked the last entry port to US. She also asked if i was still on F1 and i showed her my diploma from University and gave her the copy of it. She congratulated me with my diploma and said that i will receive my 10 year green card within 10 days. That was it. I checked the case status next day and it showed CPO. I received my greencard a week after the interview.
Again Mom thank you very much, you helped me a lot and i really appreciate it. I owe you big time.
Click to expand...

Congratulations. Enjoy your new LPR status.
 
Hello,

I am new to this threat - and everything/everyone here seems extremely helpful.
I had my interview today (NYC FO) - and my case is being held for further review.
The officer didn't say anything - she simply told me to expect a response in 60-90 days.
I am currently on an F1-Visa - and I brought an I-134 and employment letters. I did not give her my bank statements - but now I am wondering whether I should go back to the office and submit my bank statement. She did not ask for anything other than "please hand over all the documents you were asked to bring." I was kind of expecting her to go over the documents with me there, and ask me if she had any concerns (in which case I would have given her the statement as additional evidence).

Sorry for all these words - I am wondering:
Did anyone here have an interview at the NYC FO (Federal Plaza) and is it normal for a case to be held for review or should I be worrying?
Also, an additional 60-90 days sounds long, given that I submitted my application early in September 2015, my # was current in October, and this is a DV case - was anyone else told to wait this long?
Can anyone think of a reason why going back and submitting a bank statement could cause any harm to my application?

Thank you! Any answers/shared experiences/comments are appreciated :)
 
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