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DV 2017 AOS Only

Hi;

I am in j-1 status subject to 2 years home residency rule. My wife won a DV lottery 2017, and received a green card. I will be graduated from the university on 31 May 2017.
I applied for the waiver of 2 years rule in order to be able to apply for AOS. my waiver application is pending and I do not expect it to be finalized soon.

My question:

1- Can I apply with pending J-1 waiver (based on hardship) for AOS?

Thank you very much in advance
 
Hi Mom,
In worst case, If i-485 denied/rejected and I did not apply for EAD and AP, still my TN visa is valid till the end of expiration date? or I will be immediately out of TN status after I-485 denial?
thanks
 
Ajmaljalal said:
Hi;

I am in j-1 status subject to 2 years home residency rule. My wife won a DV lottery 2017, and received a green card. I will be graduated from the university on 31 May 2017.
I applied for the waiver of 2 years rule in order to be able to apply for AOS. my waiver application is pending and I do not expect it to be finalized soon.

My question:

1- Can I apply with pending J-1 waiver (based on hardship) for AOS?

Thank you very much in advance
Click to expand...

I highly doubt that will be approved, you need the waiver.
 
Zadeh said:
Hi Mom,
In worst case, If i-485 denied/rejected and I did not apply for EAD and AP, still my TN visa is valid till the end of expiration date? or I will be immediately out of TN status after I-485 denial?
thanks
Click to expand...

Your current status remains as long as you haven't used an AOS based EAD card for employment or an AP card to seek re-admission into the US.
 
Sm1smom said:
I highly doubt that will be approved, you need the waiver.
Click to expand...
I am very worried about my case. The California Service Center is now working on November 4th, 2016 applications for hardship waivers. I submit mine on 13th March, 2017. I think I will lose the chance to apply for a diversity visa. Because the deadline is 30th September.

I was thinking if I can start the process of AOS and can stay here without going back home. But there seems to be no chance?
Any recommendation?

Thank you
 
Just FYI - I had my employer's immigration lawyer follow up on my case. The officer thinks that the interview is likely within a June/July time frame. I guess the NY field office is working a little slower this year. I submitted my application in October (current in November).

Any one else heard anything from the NY field office?
 
Ajmaljalal said:
I am very worried about my case. The California Service Center is now working on November 4th, 2016 applications for hardship waivers. I submit mine on 13th March, 2017. I think I will lose the chance to apply for a diversity visa. Because the deadline is 30th September.

I was thinking if I can start the process of AOS and can stay here without going back home. But there seems to be no chance?
Any recommendation?

Thank you
Click to expand...

I do not know if you will be able to start the AOS process and complete it by the end of this FY.

And I don't see how you will be able to remain in the US in order for your wife to sponsor you in the alternative.
 
Hello,

I received form I-797C (w/ biometric appointment) but haven't received form I-797 (acceptance notification) yet. Isn't this abnormal? Should I be worried? Thanks.
 
deeprai said:
Hello,

I received form I-797C (w/ biometric appointment) but haven't received form I-797 (acceptance notification) yet. Isn't this abnormal? Should I be worried? Thanks.
Click to expand...

Totally normal. You receive only the biometric appointment for now. Later, after the interview, once your case is approved to get the GC, then, you will receive the I-797 Notice of Action (Welcome Letter)
 
deeprai said:
Hello,

I received form I-797C (w/ biometric appointment) but haven't received form I-797 (acceptance notification) yet. Isn't this abnormal? Should I be worried? Thanks.
Click to expand...

Are you saying you've received your bio notice but never got the NOA since sending in your AOS package? No this is not normal. You should have received the NOA - which is the confirmation USCIS officially received/accepted your petition before receiving the bio notice.
 
EFalcon said:
Just FYI - I had my employer's immigration lawyer follow up on my case. The officer thinks that the interview is likely within a June/July time frame. I guess the NY field office is working a little slower this year. I submitted my application in October (current in November).

Any one else heard anything from the NY field office?
Click to expand...

I went on infopass last week and they told me that my case is waiting to be scheduled and I should wait. I applied in October, current October as well. I was wondering the same, did anyone from NYC already receive interview invitation?
 
Sm1smom said:
Are you saying you've received your bio notice but never got the NOA since sending in your AOS package? No this is not normal. You should have received the NOA - which is the confirmation USCIS officially received/accepted your petition before receiving the bio notice.
Click to expand...

Yes, you got it correctly. I received my bio notice (I-797C) but haven't received the NOA (I-797) yet. I got confirmation regarding the acceptance of my petition via text and email though.
 
CountryGirl said:
Totally normal. You receive only the biometric appointment for now. Later, after the interview, once your case is approved to get the GC, then, you will receive the I-797 Notice of Action (Welcome Letter)
Click to expand...

In your case, you got the NOA letter before the bio letter, isn't it? Then, I don't understand why you think my case is totally normal. Please elaborate. Thanks.
 
deeprai said:
Yes, you got it correctly. I received my bio notice (I-797C) but haven't received the NOA (I-797) yet. I got confirmation regarding the acceptance of my petition via text and email though.
Click to expand...

Okay that is definitely not normal. The NOA should have been sent first by the Chicago Lockbox prior to the NBC scheduling and sending out the bio notice. Give the customer center a call to find out why you didn't receive the NOA.
 
Sm1smom said:
Okay that is definitely not normal. The NOA should have been sent first by the Chicago Lockbox prior to the NBC scheduling and sending out the bio notice. Give the customer center a call to find out why you didn't receive the NOA.
Click to expand...
well to give my exemple, I received the Biometrics 2 days before the NOA, I think he need to start to worrie after a couple of days, bio are enought to to do the job for now, the NOA is kinda useless and will not slow or speed up the process anyway.
 
deeprai said:
Okay! Thanks.
Click to expand...

Called the USCIS customer service, and they asked me to wait for at least 10 days from the date on which they accepted my petition. It hasn't been 10 days yet. Also, the customer service representative mentioned that the USCIS might not send the paper-based NOA if one has signed up for email/text notifications (which I did), but I take it with a grain of salt.
 
pilepoil99 said:
well to give my exemple, I received the Biometrics 2 days before the NOA, I think he need to start to worrie after a couple of days, bio are enought to to do the job for now, the NOA is kinda useless and will not slow or speed up the process anyway.
Click to expand...

Thanks for sharing. I am not very worried, but the fact that the NOA might be needed in later stages of the process makes be slightly uncomfortable.
 
pilepoil99 said:
well to give my exemple, I received the Biometrics 2 days before the NOA, I think he need to start to worrie after a couple of days, bio are enought to to do the job for now, the NOA is kinda useless and will not slow or speed up the process anyway.
Click to expand...

Yes I know the absence of the NOA will not slow or speed up the process. However, I didn't just start monitoring DV based AOS process, so I'm keenly aware of the significance of this document.

The OP may not need the NOA, but it is NOT a useless document. It is the only official prove of documenting when USCIS accepted a petition. For someone who may be in a situation of being wrongly denied on the basis of being out of status when a petition got filed, this will be the only means of proving they filed in a timely manner. A delivery confirmation from a mail carrier will not do in this case.
 
Sm1smom said:
Yes I know the absence of the NOA will not slow or speed up the process. However, I didn't just start monitoring DV based AOS process, so I'm keenly aware of the significance of this document.

The OP may not need the NOA, but it is NOT a useless document. It is the only official prove of documenting when USCIS accepted a petition. For someone who may be in a situation of being wrongly denied on the basis of being out of status when a petition got filed, this will be the only means of proving they filed in a timely manner. A delivery confirmation from a mail carrier will not do in this case.
Click to expand...

Oh wow good to know, thank you Sm1smom, I will make sure to keep this paper well secured
 
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