I cannot quite comprehend why they denied it though right away. I thought they not really do that, but ask for evidence or whatever else. Hope I do not have to repay all application fees to file again. Such a pain.
DV 2017 AOS Only
- Thread starter Sm1smom
- Start date
CountryGirl
Member
WOW!! Such bad news!! So sorry to hear that... At least it's not over. First you don't really know why they denied your application, so let's wait until receiving the letter with an explanation. Then, since you did the process from here, you can always appeal. In previous years there are cases who won on appeal (They are in the Timelines).
By the way, what kind of Visa are you?? F1?? Have you ever been another kind of visa? Maybe changing visas had something to do... I don't know!
Thanks for the info, JohnF. It's great to see there are other Js going through this process at the same time. Best of luck to you!
I agree that if possible I'd rather do AOS than CP. What I'm worried about is that if for whatever reason my J1 sponsor discovered I'm applying for a GC, they would terminate me from the program. And that would have disastrous consequences (both for my current J1 as well as the GC, and potentially future visas).
That's why the CP could become more attractive. If I can shorten my J1 program, finish it successfully, return to my home country in Dec/Jan, and do CP; it seems like a less risky strategy to me. But perhaps there's something I'm missing. Mom, what would you say is a less risky strategy? I'd love to hear your thoughts! Thanks so much!! @Sm1smom
SusieQQQ
Well-Known Member
Assuming it's the same as CP, a problem with one of the derivatives would not invalidate the entire case, only that derivative.
Yep. Let's hope for the best. I will try to get into the FO tomorrow if I can get an answer faster than the notice in the mail.WOW!! Such bad news!! So sorry to hear that... At least it's not over. First you don't really know why they denied your application, so let's wait until receiving the letter with an explanation. Then, since you did the process from here, you can always appeal. In previous years there are cases who won on appeal (They are in the Timelines).
By the way, what kind of Visa are you?? F1?? Have you ever been another kind of visa? Maybe changing visas had something to do... I don't know!
I was on L1A since 2012 until March 2016, then I have changed to F1. Since it looks like I am the black sheep for the denial, I was kind of thinking that got denied because of the possible immigrant intent maybe from L to F? Not sure. If so, I can prove that I have started the graduate program while still on L1 last August, though I had to change schools that can actually give me an F status to finish the program.
Sm1smom
Super Moderator
Oh wow! Shockingly unbelievable! Wondering what could be the reason for the denial. Did you ever go out of status at any point in time in the past? Undertook unauthorized employment?
I don't know if going to the FO may or will yield any information but it's worth giving it a shot I suppose.
Sm1smom
Super Moderator
When did your CN become current? Did you do early filing?
Sm1smom
Super Moderator
By the way, please do not use the EAD card. It's now invalid because of the denial. You may only use it if your FO decides to review your case.
Sm1smom
Super Moderator
If the principal applicant gets denied, all the derivatives automatically gets denied also. On the other hand, a derivative's denial does not impact the principal applicant's petition.
Sm1smom
Super Moderator
Why would your sponsor find out you're processing AOS if you've not informed or approached them for anything in support of your AOS petition? You think USCIS will contact them with questions about you?
You may switch to CP if it gives you peace of mind though. This is your case, you're in the best position to make what you consider to be in your best interest.
No, and no for both. Was always legal, was always authorized to work when I did so.
Current in October. I filed on the day the bulletin came out in September.
I have called USCIS to ask about this, and they said if that is approved, that is approved, regardless of the current decision on the I485. I asked back two times saying that isn't the application the base of the EAD, he said both time, that he understands my question, and although seemingly the I485 gives jurisdiction to the EAD, it is not contingent and I can use that if I otherwise have a current legal status, so I am really puzzled right now.
Fantastic. So he has a problem with me. I bet it is the change of status from L to F. I cannot really think of anything else. I have never violated any rules or regulations immigration-wise or otherwise.
Britsimon
Super Moderator
This is the most likely guess. They probably misunderstand early filing.
Personally, I would get to the FO first thing in the morning....
SusieQQQ
Well-Known Member
Were you studying part-time while still on L1? I personally don't know about this but this thread http://www.immihelp.com/forum/showthread.php/117252-Can-i-study-on-L1-visa says you may not study full-time while on L1. Could that be the reason?
Sm1smom
Super Moderator
Okay, I'm guessing the denial is due to early filing. You'll need to be ready to argue your case when you visit tomorrow. It will be an erroneous denial if it's due to early filing.
Sm1smom
Super Moderator
Yes the card is approved. It however automatically becomes invalid following the I-485 denial. The person you spoke with is completely clueless if indeed they said you can still use it regardless of the AOS petition denial. That card no longer has a validity basis in your case.
But feel free to go with what the customer rep who is nothing but a call center rep with no idea of what the immigration process entails outside of the script they've been provided with for commonly asked questions told you.