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DV 2017 AOS Only

Sm1smom said:
1. Assuming the NOA for the DV based AOS petition was issued before the H1B transfer got denied, then yes you're still in legal status.

2. It shouldn't.

3. You will need to formally withdraw the current petition from USCIS before it gets adjudicated. However I've never heard of anyone withdraw a DV based AOS petition at this stage and changed to CP.

4. No, that's the end of the process. You can't reapply via CP, you only have one shot.

5. Speak with a competent immigration attorney.

6. Same as 5 above.
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Thank you for the continuous support!

Yes, I will talk to an attorney to find out all options and try to close out all gaps.
 
Hello Mom,

I got the NOA letter yesterday. I also have filed for i-765 for EAD card just in case that the GC does not come soon, I will be able to start working and my wife gets a SSN. However, I have not idea when the EAD card will be issued and when I will get that. Will I be given the EAD card after finger print and before the interview? Or do I have to wait for the interview to be done anyway to get the EAD card? If it is after the interview it does not make sense since usually people get their GC up to 2 weeks after the interview. So far,I have not seen any winners for 2017 that are given the letter for the interview (even those that filed in August) and it seems it is the most time consuming part. I was wondering at which stage I will be given the EAD card so that I will be able to start working. Thanks for your help.
 
Ali Amiri said:
Hello Mom,

I got the NOA letter yesterday. I also have filed for i-765 for EAD card just in case that the GC does not come soon, I will be able to start working and my wife gets a SSN. However, I have not idea when the EAD card will be issued and when I will get that. Will I be given the EAD card after finger print and before the interview? Or do I have to wait for the interview to be done anyway to get the EAD card? If it is after the interview it does not make sense since usually people get their GC up to 2 weeks after the interview. So far,I have not seen any winners for 2017 that are given the letter for the interview (even those that filed in August) and it seems it is the most time consuming part. I was wondering at which stage I will be given the EAD card so that I will be able to start working. Thanks for your help.
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The NBC (National Benefits Center) is responsible for processing the EAD and the average process time is about 3 months. It is independent of the GC processing, which means you may receive it before or after your GC interview - your GC interview depends on your FO's workload.
 
Hello mom, I am thinking of applying for advance parole in case I needed to leave the country. I know that if I leave the US and enter using the advance parole document I will loose my student status, but if I applied and never left the country will I lose my F1 status just for applying?
 
mira88 said:
Hello mom, I am thinking of applying for advance parole in case I needed to leave the country. I know that if I leave the US and enter using the advance parole document I will loose my student status, but if I applied and never left the country will I lose my F1 status just for applying?
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Your F1 status remains intact for as long as you do not use the AP card to seek re-admission back into the US.
 
mira88 said:
Thank you. I have one more question, my visa stamp is expired, so can I enter the States with an expired visa and an AP card?
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The state of your current visa is irrelevant if you're being paroled into the US - which is what you will be doing, being paroled, if you re-enter the US with an AP card.
 
Hello,
It's been 26 days since I received my NOA letter and I still haven't received the biometric letter yet. I know other people who received the NOA letter later than me but have received the biometric letter. I have two questions;
1) How much longer am I supposed to be patient?
2) What should I do if I never receive the letter?
Thanks
 
Radna said:
Hello,
It's been 26 days since I received my NOA letter and I still haven't received the biometric letter yet. I know other people who received the NOA letter later than me but have received the biometric letter. I have two questions;
1) How much longer am I supposed to be patient?
2) What should I do if I never receive the letter?
Thanks
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I wouldn't be surprised if it does show up in the next couple of days. However you may follow up by calling the customer service number, they will most likely tell you everything is in order though and that you just need to wait.
 
Hi mom,
thanks for your response. I have another question. My passport is being expired on December 12th. Now I am afraid that I send it for renewal and it may take two to three months and then I need it for fingerprint or interview possibly. should I do that or wait till I go to finger print and take my passport with myself and see if I get my interview letter some time soon if not then send it?

I assume that for both finger print and interview they need the original passport in hand. right? I am concerned that I do not extend my passport and then my interview falls after the expiry date and I have to go to the interview with an expired passport and that may not be good. right:?
 
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Ali Amiri said:
Hi mom,
thanks for your response. I have another question. My passport is being expired on December 12th. Now I am afraid that I send it for renewal and it may take two to three months and then I need it for fingerprint or interview possibly. should I do that or wait till I go to finger print and take my passport with myself and see if I get my interview letter some time soon if not then send it?

I assume that for both finger print and interview they need the original passport in hand. right? I am concerned that I do not extend my passport and then my interview falls after the expiry date and I have to go to the interview with an expired passport and that may not be good. right:?
Click to expand...

You'll need to show the passport to the IO for the interview. For the fingerprint/bio appointment, any government issued ID will do.
 
Hi Mom, EAD question. I submitted a service request on 10/26 as regulatory timeframe was approaching. I see the following in response. I haven't heard anything from USCIS and my case status hasn't changed from "received". Any thoughts on what this means?

  • 10/27/2016
    sign_icon.png

    On October 27, 2016, your inquiry about the status of your Employment Authorization application, referral number SR13001600200MSC, was completed.

  • 10/27/2016
    sign_icon.png

    On October 27, 2016, we sent a response to your inquiry about the status of your Employment Authorization application, referral number SR13001600200MSC.

  • 10/26/2016
    sign_icon.png

    On October 26, 2016, your inquiry about the status of your Employment Authorization application, referral number SR13001600200MSC, was assigned to an officer for response
 
Sm1smom said:
If you move to a new address which falls under the jurisdiction of a different FO from where your current address is/was as at the time of filing your AOS petition, you will experience considerable delays. Your case file will get transferred from the initial FO to the new FO with jurisdiction over your new address. It's not a good idea to move/change addresses after submitting the AOS petition.
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Hi, QQ:

Is the main complication caused by the FO change? If i move to a location that's serviced by the same FO, will that still have any unfavorable effects?
 
5unday said:
Hi, QQ:

Is the main complication caused by the FO change? If i move to a location that's serviced by the same FO, will that still have any unfavorable effects?
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The issue you may face in this case is the none receipt of mail from USCIS since such mail cannot be forwarded by USPS. If you're able to arrange with the new occupant of your current place or the landlord to hold all your mail (which means you can't initiate a mail forwarding service), then you should be okay.
 
Ali Amiri said:
Mom,
my wife does not have any social security. She will get one once we receive our EAD card. Right?
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She can apply for it after getting the EAD card, alternatively she could wait until she gets the GC itself before applying to ensure she gets a SSN card without DHS restrictions written on it.
 
Hi Mom,
Since we had Work permit I didnt fill the forms but now I am concerning if the process takes long time , can I apply before Feb that our work permits will be expired?(I have recieved my fingerprint letter this week and I will go monday as walk in)
 
Sm1smom said:
1. Assuming the NOA for the DV based AOS petition was issued before the H1B transfer got denied, then yes you're still in legal status.

2. It shouldn't.

3. You will need to formally withdraw the current petition from USCIS before it gets adjudicated. However I've never heard of anyone withdraw a DV based AOS petition at this stage and changed to CP.

4. No, that's the end of the process. You can't reapply via CP, you only have one shot.

5. Speak with a competent immigration attorney.

6. Same as 5 above.
Click to expand...
Looks like the chances of getting the approval for the AOS is tough at this point. I talked to few attorneys, and all of them have different opinions. Not many attorneys have dealt with a situation like this.I was able to find some information in the USCIS page. The below link (Sec E.1 2nd paragraph)clearly says that the AOS was filed inappropriately since the pending EOS case was denied
https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter3.html
"
If USCIS ultimately approves the EOS or COS application, then the foreign national is considered to be in lawful immigration status on the date the adjustment application is filed. If USCIS denies the EOS or COS application, then the foreign national is generally considered to be in unlawful immigration status as of the expiration of the foreign national’s current nonimmigrant status and likewise on the date the adjustment application is filed. In this instance, the INA 245(c)(2) bar would apply, unless an exemption is available. "

I think the only option left out is to withdraw the AOS, leave the country and initiate a consular process.

My Concerns for this step -
1)Do i need to repay the DV visa fees? I will call KCC center to confirm, but just wanted to know
2) Should I start a new DS 260 or ask KCC to reopen the same and update (the denial & other latest info)?
3)How long after filing the DS 260 would I get a interview? I can schedule the interview or KCC /USCIS schedules the interview?
4)Can I take the interview only from my home country or can I go to Canada or neighboring countries?

Is there a separate forum for Consular process DV?
 
Sm1smom said:
1. Assuming the NOA for the DV based AOS petition was issued before the H1B transfer got denied, then yes you're still in legal status.

2. It shouldn't.

3. You will need to formally withdraw the current petition from USCIS before it gets adjudicated. However I've never heard of anyone withdraw a DV based AOS petition at this stage and changed to CP.

4. No, that's the end of the process. You can't reapply via CP, you only have one shot.

5. Speak with a competent immigration attorney.

6. Same as 5 above.
Click to expand...
Looks like the chances of getting the approval for the AOS is tough at this point. I talked to few attorneys, and all of them have different opinions. Not many attorneys have dealt with a situation like this.I was able to find some information in the USCIS page. The below link (Sec E.1 2nd paragraph)clearly says that the AOS was filed inappropriately since the pending EOS case was denied
https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter3.html
"
If USCIS ultimately approves the EOS or COS application, then the foreign national is considered to be in lawful immigration status on the date the adjustment application is filed. If USCIS denies the EOS or COS application, then the foreign national is generally considered to be in unlawful immigration status as of the expiration of the foreign national’s current nonimmigrant status and likewise on the date the adjustment application is filed. In this instance, the INA 245(c)(2) bar would apply, unless an exemption is available. "

I think the only option left out is to withdraw the AOS, leave the country and initiate a consular process.

My Concerns for this step -
1)Do i need to repay the DV visa fees? I will call KCC center to confirm, but just wanted to know
2) Should I start a new DS 260 or ask KCC to reopen the same and update (the denial & other latest info)?
3)How long after filing the DS 260 would I get a interview? I can schedule the interview or KCC /USCIS schedules the interview?
4)Can I take the interview only from my home country or can I go to Canada or neighboring countries?

Is there a separate forum for Consular process DV?
 
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