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DV 2018 AOS Only

Thanks a lot Britsimon! I understand the risks. I also just called the KCC center and asked if my DS-260 would be processed if I switch. They lady was very nice and she looked up my case in the system and she said that it would take them a week to process it so I would be good to go if the number becomes current later this year.

Don't wait too long. Depending on country of origin, travel history and education, some cases will take longer to process. So - you could certainly wait "a bit" but not too long. The final VB will be published in early July. People that have waited until then have sometimes found out that was too late to submit.
 
So to update on my rejection. The reason is as expected which is the early filling. On the second page it is written that I filed my I-485 with higher case no. than the cut-off number in February (the month I submitted AOS package). I already scheduled an INFOPASS but will try a walk-in this Monday as well!
 
Hello Sm1smom,

Thanks so much for your previous reply. Definitely put my mind at ease.

Here's another dilemma I'm facing: I've been trying to research this question for a while now and can't seem to find the answer to it anywhere online. I am anticipating an H1B sponsorship from my employer at the end of my OPT next year and plan to go back to my home country to visit family. Subsequently, I will need to go for visa stamping.

Since my case number is in low 30's and has low chances of being called, I don't have have high hopes to get a Green Card through the DV process. I did, however, already fill out the DS260 (didn't send the payment or anything... just filled out the DS260 online). Given that H1B is a non-immigrant visa, does my filing of DS260 (immigrant visa application) affect the likelihood of the consular officer approving my H1B visa stamping because I have a DS260 on file? Or does the DS260 expire after the fiscal year is over and "disappear" from my record? Should I ask KCC to unlock it and let it expire?

I'm just concerned to go back home and be denied the H1B stamping because if the consular officer sees my DS260 in the system, he will read it as "immigrant intent" and thus deny my H1B stamping. Any advice would be appreciated!

P.S. Given that H1Bs get processed through USCIS, would filing the DS260 impact the chances of getting approved for an H1B while I'm in the US?
 
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Hello Sm1smom,

Thanks so much for your previous reply. Definitely put my mind at ease.

Here's another dilemma I'm facing: I've been trying to research this question for a while now and can't seem to find the answer to it anywhere online. I am anticipating an H1B sponsorship from my employer at the end of my OPT next year and plan to go back to my home country to visit family. Subsequently, I will need to go for visa stamping.

Since my case number is in low 30's and has low chances of being called, I don't have have high hopes to get a Green Card through the DV process. I did, however, already fill out the DS260 (didn't send the payment or anything... just filled out the DS260 online). Given that H1B is a non-immigrant visa, does my filing of DS260 (immigrant visa application) affect the likelihood of the consular officer approving my H1B visa stamping because I have a DS260 on file? Or does the DS260 expire after the fiscal year is over and "disappear" from my record? Should I ask KCC to unlock it and let it expire?

I'm just concerned to go back home and be denied the H1B stamping because if the consular officer sees my DS260 in the system, he will read it as "immigrant intent" and thus deny my H1B stamping. Any advice would be appreciated!

P.S. Given that H1Bs get processed through USCIS, would filing the DS260 impact the chances of getting approved for an H1B while I'm in the US?

This is really not a DV based question and I typically limit my guidance here to just that. But I will make an exception on this.

The DS260 form signifies an immigrant intent, it doesn’t expire. It’s already in the system so asking KCC to unlock it and leaving it unlock will not make any difference.

The good news is H1B is a dual intent visa, meaning it allows for one to have an immigrant intent. You just have to be truthful and up front if you’re ever asked about it.
 
Hello Sm1smom,

Thanks so much for your previous reply. Definitely put my mind at ease.

Here's another dilemma I'm facing: I've been trying to research this question for a while now and can't seem to find the answer to it anywhere online. I am anticipating an H1B sponsorship from my employer at the end of my OPT next year and plan to go back to my home country to visit family. Subsequently, I will need to go for visa stamping.

Since my case number is in low 30's and has low chances of being called, I don't have have high hopes to get a Green Card through the DV process. I did, however, already fill out the DS260 (didn't send the payment or anything... just filled out the DS260 online). Given that H1B is a non-immigrant visa, does my filing of DS260 (immigrant visa application) affect the likelihood of the consular officer approving my H1B visa stamping because I have a DS260 on file? Or does the DS260 expire after the fiscal year is over and "disappear" from my record? Should I ask KCC to unlock it and let it expire?

I'm just concerned to go back home and be denied the H1B stamping because if the consular officer sees my DS260 in the system, he will read it as "immigrant intent" and thus deny my H1B stamping. Any advice would be appreciated!

P.S. Given that H1Bs get processed through USCIS, would filing the DS260 impact the chances of getting approved for an H1B while I'm in the US?
I renewed a non-immigrant visa in December in Canada under similar circumstances and had the same thoughts you are having. I had completed the DS260, but not made any payment at the time. There were no questions about it or concerns from the consular officer. I was able to ask some immigration lawyers indirectly through a friend prior to the renewal and they indicated it would have no impact. It didn't stop me being concerned about it though, but the renewal went smoothly.
 
I renewed a non-immigrant visa in December in Canada under similar circumstances and had the same thoughts you are having. I had completed the DS260, but not made any payment at the time. There were no questions about it or concerns from the consular officer. I was able to ask some immigration lawyers indirectly through a friend prior to the renewal and they indicated it would have no impact. It didn't stop me being concerned about it though, but the renewal went smoothly.

Dave138, thank you for sharing your experience. Do you mind giving
This is really not a DV based question and I typically limit my guidance here to just that. But I will make an exception on this.

The DS260 form signifies an immigrant intent, it doesn’t expire. It’s already in the system so asking KCC to unlock it and leaving it unlock will not make any difference.

The good news is H1B is a dual intent visa, meaning it allows for one to have an immigrant intent. You just have to be truthful and up front if you’re ever asked about it.

Sm1smom,

As usual - your help and insight is greatly appreciated! I just read somewhere that since H1B is inherently a "non-immigrant" visa, you need to prove non-immigrant intent, regardless of its dual-purpose (not sure how reliable that source was, so I took that info with a grain of salt).

One last question on this "non-DV" topic: do you think that my H1B petition approval might get impacted by me having filed the DS260? Or because H1B's that are filed while the employee (me) is in the US go through USCIS without KCC's involvement, the DS260 has no impact on the H1?
 
Dave138, thank you for sharing your experience. Do you mind giving


Sm1smom,

As usual - your help and insight is greatly appreciated! I just read somewhere that since H1B is inherently a "non-immigrant" visa, you need to prove non-immigrant intent, regardless of its dual-purpose (not sure how reliable that source was, so I took that info with a grain of salt).

One last question on this "non-DV" topic: do you think that my H1B petition approval might get impacted by me having filed the DS260? Or because H1B's that are filed while the employee (me) is in the US go through USCIS without KCC's involvement, the DS260 has no impact on the H1?

I’ve answered as much as I’m willing to a “non-DV” topic on a DV AOS Thread.
 
Dear Sm1smom & Britsimon,
Thank you very much for all the information and guidance you provided. It was a big help and made our life easy. We really appreciate it.
We had our interview for AOS a few weeks ago, it went well and we received our Green Cards.
Keep continuing your good work! Thanks again!
 
Dear Sm1smom & Britsimon,
Thank you very much for all the information and guidance you provided. It was a big help and made our life easy. We really appreciate it.
We had our interview for AOS a few weeks ago, it went well and we received our Green Cards.
Keep continuing your good work! Thanks again!

Congratulations. Enjoy your new status.

I encourage you to update the timeline spreadsheet with your timeline info if you haven’t done so already.
 
Hi everyone,
Kindly writing to share my interview experience which was scheduled on 04/10/2018.
I reached the USCIS office about 20 minutes before the appointment time. After around 10 minutes of explaining the reason for my visit to the reception, an officer called me and started asking all the questions in the I-485 form, right from my full name to the last question of the form. After that, he inquired about my plans after graduation. Those were the only questions he asked me.
In the end, the officer told me that he was convinced by the answers but he had never encountered an AOS case earlier so he needs to confirm what should be done next.
Now, as I logged into my USCIS account, I noticed the following message:
"On April 10, 2018, we ordered your new card for Receipt Number MSC*********, and will mail it to the address you gave us."
I believe this means I will be getting a green card soon.

Thank you so much @Britsimon for directing me to this wonderful forum and I am extremely grateful to @Sm1smom for the spreadsheet and your continued selfless support. Hope you always remain blessed.

P.S. I am a student and I was assigned a lawyer (very experienced one) by the University. The lawyer tried his best and I am thankful for that but I found the information in this forum and the spreadsheet 99% more helpful.
Keep calm and trust @Sm1smom. Good luck!

How did you prove financials, i.e. you will not become a public charge since you're a student? Where was your interview? Thank you!!
 
I went my infopass last Wednesday. The officer was very friendly and told me that she is aware of DV limitted time. She told me my background check is not cleared yet but she put my phone # in her calander and a reminder for 1st May to check my background and if it is cleared she will call me and give me an interview date out of queue. If not, she keep pushing the reminder in her calander. I hope that works
 
I went my infopass last Wednesday. The officer was very friendly and told me that she is aware of DV limitted time. She told me my background check is not cleared yet but she put my phone # in her calander and a reminder for 1st May to check my background and if it is cleared she will call me and give me an interview date out of queue. If not, she keep pushing the reminder in her calander. I hope that works

Which field office? Thank you
 
Hi mom,

I went to the FO and tried to defend my case on early filling. Unfortunately, the supervisor stood by the denial decision with a surprisingly rude manner. I waited 5 hours to talk to them and tried to explain my situation very clearly but seemed that he already had the answer in his minds. He printed out the instruction to file on the USCIS.gov website. I pointed him out the part regarding the early filling, which he seemed to be confused. I also brought the memorandum and tried to show him the example written in the memo and clearly he didn't want to listen anymore.

At the end he said "You are on my nerve right now and I've had enough of this, I will have the guards escort you out". I was talking to him calmly all of the time but all of the sudden he just seemed to be frustrated so I was kind of surprised.

Anyway, to refile the application.
1. Do I need to include any of the rejection letter in the package?
2. In I485 I just need to add my A number from the rejection letter to the new form, is that correct?
3. Any general advise on refilling the AOS package?

Thank you very much.
 
Hi mom,

I went to the FO and tried to defend my case on early filling. Unfortunately, the supervisor stood by the denial decision with a surprisingly rude manner. I waited 5 hours to talk to them and tried to explain my situation very clearly but seemed that he already had the answer in his minds. He printed out the instruction to file on the USCIS.gov website. I pointed him out the part regarding the early filling, which he seemed to be confused. I also brought the memorandum and tried to show him the example written in the memo and clearly he didn't want to listen anymore.

At the end he said "You are on my nerve right now and I've had enough of this, I will have the guards escort you out". I was talking to him calmly all of the time but all of the sudden he just seemed to be frustrated so I was kind of surprised.

Anyway, to refile the application.
1. Do I need to include any of the rejection letter in the package?
2. In I485 I just need to add my A number from the rejection letter to the new form, is that correct?
3. Any general advise on refilling the AOS package?

Thank you very much.

I’m sorry to learn the INFOPASS wasn’t helpful. The IO/Supervisor are both clearly wrong, they are just reluctant to admit their error. So the next solution is to just reapply, good thing we still have a couple of months left before the end of the FY.

1. No. You’re submitting a new petition.
2. Yes.
3. You will need a new medical exam form included. Don’t allow your CS make you take a new TB test, the old one is still valid. They just need to fill and sign a new form based on the previous information - feel free to negotiate down whatever fee they decide to charge for this new service.
 
I’m sorry to learn the INFOPASS wasn’t helpful. The IO/Supervisor are both clearly wrong, they are just reluctant to admit their error. So the next solution is to just reapply, good thing we still have a couple of months left before the end of the FY.

1. No. You’re submitting a new petition.
2. Yes.
3. You will need a new medical exam form included. Don’t allow your CS make you take a new TB test, the old one is still valid. They just need to fill and sign a new form based on the previous information - feel free to negotiate down whatever fee they decide to charge for this new service.

Thank you for your guidance. Luckily the medical place just gave me the new signed I693 form using previous information without charge. I have completed the AOS package and will send them again tomorrow! :)
 
1. Yes
2. Case enroute to NBC
Thank you Mom!!

I got some questions for the NOA letter and Bio appointment letter as well:

1. My AOS package include me (DV winner selectee) and my spouse, and last week we received email notice and have two receipt numbers. Last week I got my NOA letter(with my receipt number and my name), but my spouse's NOA letter has not arrived yet.. Is this going to be a trouble?

2. Will there be also two separate bio schedule appointment letters for me and my spouse? Or there will be only one letter (which has my name and my spouse's name) and we both go together at the same time?

Thank you for helping me here :)
 
Thank you Mom!!

I got some questions for the NOA letter and Bio appointment letter as well:

1. My AOS package include me (DV winner selectee) and my spouse, and last week we received email notice and have two receipt numbers. Last week I got my NOA letter(with my receipt number and my name), but my spouse's NOA letter has not arrived yet.. Is this going to be a trouble?

2. Will there be also two separate bio schedule appointment letters for me and my spouse? Or there will be only one letter (which has my name and my spouse's name) and we both go together at the same time?

Thank you for helping me here :)

1. Contact USCIS if your spouse’s NOA doesn’t show up by the end of the week.

2. Separate bio notice will be sent.
 
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