student007
New Member
well, mom is right; although I don't think they will assume grad student will be public charge in future. your paychecks from university. you can get it from payroll.
Last edited:
DV 2018 AOS Only
- Thread starter Sm1smom
- Start date
Hi mom,
You have helped us before and we still have some confusion. So my wife's OPT will be expired on today and she will need to apply for the change of status to F2. But we will submit our AOS applications when our number is current in June. So , should she worry about applying for the F2 or just do nothing because we together apply for the AOS together while I am being the primary selectee for the dv2018 ?
Can you help us explaining the scenario for a case like ours . Thanks
(she has 60 day grace period to change the status after the OPT is expired)
You have helped us before and we still have some confusion. So my wife's OPT will be expired on today and she will need to apply for the change of status to F2. But we will submit our AOS applications when our number is current in June. So , should she worry about applying for the F2 or just do nothing because we together apply for the AOS together while I am being the primary selectee for the dv2018 ?
Can you help us explaining the scenario for a case like ours . Thanks
(she has 60 day grace period to change the status after the OPT is expired)
Hello,
First of all I would like to thank you for your incredible work in creating the spreadsheet! I wish I would have found it sooner. Thank you.
Please let me provide you with my background. I am on an F-1 visa and currently on my OPT which started in January of this year. My degree is STEM designated and therefore I am eligible for the 24-month extension. My spouse, here on a F-2 is the DV lottery selectee for Asia, most likely becoming current next month. (We did not submit the DS-260 yet).
We are planning on filing the AoS next month when she becomes current and for that I have a few questions I am hoping you could answer.
- When doing the AoS, my status will change from F-1 to "Adjustment Pending." Starting 90 days before my OPT expires in January, I need to apply for the OPT extension, however, can I still do that since my status has then changed from F-1 to the "Adjustment Pending"? If we can receive the green card then it wouldn't matter but if Visas run out it is a different story..
- [Follow-up to first question]: Would it then be better to go the CP? My current visa however is not a dual intent visa and therefore worry about complications when returning to the US?
- What would you suggest: CP or AoS?
I hope you can provide some advice on what to do.
Thank you very much.
First of all I would like to thank you for your incredible work in creating the spreadsheet! I wish I would have found it sooner. Thank you.
Please let me provide you with my background. I am on an F-1 visa and currently on my OPT which started in January of this year. My degree is STEM designated and therefore I am eligible for the 24-month extension. My spouse, here on a F-2 is the DV lottery selectee for Asia, most likely becoming current next month. (We did not submit the DS-260 yet).
We are planning on filing the AoS next month when she becomes current and for that I have a few questions I am hoping you could answer.
- When doing the AoS, my status will change from F-1 to "Adjustment Pending." Starting 90 days before my OPT expires in January, I need to apply for the OPT extension, however, can I still do that since my status has then changed from F-1 to the "Adjustment Pending"? If we can receive the green card then it wouldn't matter but if Visas run out it is a different story..
- [Follow-up to first question]: Would it then be better to go the CP? My current visa however is not a dual intent visa and therefore worry about complications when returning to the US?
- What would you suggest: CP or AoS?
I hope you can provide some advice on what to do.
Thank you very much.
Hello,
I applied for F1 post completion OPT 2 years ago and received the employment authorization card(F1-OPT card). But I terminated it as soon as I received an offer for a PhD program. So I never worked using OPT, but I still have that F1-OPT card even though it is expired now.
My question is,
Should I put the USCIS # in F1-OPT card as the A-number in my I-485 or is it something different? I'm confused because USCIS website defines the A-number as the letter ''A'' followed by 8 or 9 numbers. Please let me know.
I applied for F1 post completion OPT 2 years ago and received the employment authorization card(F1-OPT card). But I terminated it as soon as I received an offer for a PhD program. So I never worked using OPT, but I still have that F1-OPT card even though it is expired now.
My question is,
Should I put the USCIS # in F1-OPT card as the A-number in my I-485 or is it something different? I'm confused because USCIS website defines the A-number as the letter ''A'' followed by 8 or 9 numbers. Please let me know.
Sm1smom
Super Moderator
My previous response still applies:
https://forums.immigration.com/threads/dv-2018-aos-only.336256/page-125#post-2473318
You have to decide on your own if you want to proceed with the COS prior to filing AOS or go with the 60 day grace period.
Sm1smom
Super Moderator
Being a grad student doesn’t guarantee employment upon graduation, and not having a job can subsequently lead to one becoming a public charge. It’s not unusual for people on student visas to immediately drop out of school once they receive their GC because they’re trying to cut down on costs - I’ve seen it happen. So yes, the IO can assume a grad student could likely become a public charge.
Sm1smom
Super Moderator
1. Yes you can still apply for OPT extension after AOS package submission, although it is preferable to do so before.
2. If you change to CP now, I hope you realize you will not be scheduled for a July interview, KCC will need a couple of months to process your DS260 form before they scheduled you. The AOS spreadsheet has the pros and cons of AOS vs. CP - I recommend you go over it and decide if you should go CP route.
3. I can’t suggest the best option for you. See response #2
p.s.
please number your questions.
Sm1smom
Super Moderator
Yes list the number. It is already assigned against your name, regardless of if you used it to work or not.
Thank you very much for your reply.
1. Do you know if it is fine for my wife (Japanese) to submit the Koseki Tohon or Koseki Shohon as the birth certificate?
2. Since we married in the US, we did not submit/register our marriage in our home countries. Therefore, our marriage is not shown on the Koseki Tohon/Shohon. Is that a problem?
3. Unfortunately I cannot apply for OPT extension prior to submitting AoS. But once AoS is submitted and if it is denied for whichever reason (shortage of visas, etc.), will I have to 're-apply' for F-1?
1. Do you know if it is fine for my wife (Japanese) to submit the Koseki Tohon or Koseki Shohon as the birth certificate?
2. Since we married in the US, we did not submit/register our marriage in our home countries. Therefore, our marriage is not shown on the Koseki Tohon/Shohon. Is that a problem?
3. Unfortunately I cannot apply for OPT extension prior to submitting AoS. But once AoS is submitted and if it is denied for whichever reason (shortage of visas, etc.), will I have to 're-apply' for F-1?
Hi Mom, I know I will be seen out of patience by asking this question but I am wondering if there is any specific line or orders for considering the people's background check? I know somebody form my country who filed after me and got cleared after 35 days but I am still waiting. I know there are many different factors like the subject that I am studying which is physics but I am just curious to know if there is any queue for that.
Thanks
Thanks
Sm1smom
Super Moderator
1. I don’t know anything about country specific documents. All I know is each petitioner needs a long form birth certificate.
2. Again, I don’t know anything about country specific documents. You got married in the US, you have a US marriage certificate.
3. You can still apply for OPT extension after AOS package submission, that enables you to have a fall back status. If you wait until after your AOS package gets denied, you become out of status and you’re no longer eligible to ‘re-apply’ for F-1 from within the US. You will have to depart from the country.
Sm1smom
Super Moderator
You already know the answer to your own question. Pending background check is subject to many different factors. In addition to your country of birth in your specific case, it also depends on other stuff your original check revealed - e.g. area of specialization, military background, places visited in the past, common name already under watch, etc.
Again, Thank you so much!
Since my OPT started January 15, the earliest I can apply for the extension is 90 days before that which would be October 15th, which is in the next fiscal year.
1) Am I only out of status if the application gets denied due to missing documents (or the like), or also if we don't get the interview + accepted for a green card due to shortages in visas by the end of September?
2) If the latter, meaning due to limited visas we don't get one and I am then out of status, that would be extremely risky?! Is there any other fall back I can have?
Thank you so much for informing me about this.. ugh, there seems to be no end in obstacles.
Since my OPT started January 15, the earliest I can apply for the extension is 90 days before that which would be October 15th, which is in the next fiscal year.
1) Am I only out of status if the application gets denied due to missing documents (or the like), or also if we don't get the interview + accepted for a green card due to shortages in visas by the end of September?
2) If the latter, meaning due to limited visas we don't get one and I am then out of status, that would be extremely risky?! Is there any other fall back I can have?
Thank you so much for informing me about this.. ugh, there seems to be no end in obstacles.
Sm1smom
Super Moderator
1. Okay then you’ll still have a valid status after the AOS package submission. Why are you saying you’ll become adjustment pending? Even if your AOS petition gets denied, you simply fall back on your valid current status, unless of course if you obtain an AOS based EAD card AND use that document to for work. If the petition doesn’t get approved by COB Sept. 30th for whatever reason, that is the end of that petition.
2. See #1.
SusieQQQ
Well-Known Member
If I'm understanding the part of the question I quoted correctly, it's a moot question because 90 days before January will be after the end of the current fiscal year, OP will either have a green card or have reverted to previous status (assuming no use of adjustment-based EAD/AP). You don't remain in "adjustment pending" if visas run out.
edit: ok this got clarified while I was typing, lol
Thank you. I think I misunderstood a crucial aspect in regards to the "Adjustment Pending." I would like to clarify the following:
1) Is it correct, that as long as I don't request the AoS EAD and continue to work with my current one, my status will fall back to F1 if the AoS gets denied?
2) If our case doesn't get denied and we receive the green card, I can continue working with my non AoS EAD card until I receive my official green card?
I truly appreciate your input and knowledge.
1) Is it correct, that as long as I don't request the AoS EAD and continue to work with my current one, my status will fall back to F1 if the AoS gets denied?
2) If our case doesn't get denied and we receive the green card, I can continue working with my non AoS EAD card until I receive my official green card?
I truly appreciate your input and knowledge.
Sm1smom
Super Moderator
1. No, not correct. Requesting and getting issued an AOS based EAD does not invalidate a current it. Using an AOS based EAD card is what invalidates a current status (and I thought I already made that clear in one of my previous response to you by the way) unless the current status is a dual intent visa status.
2. Yes. Although you’re technically no longer using an EAD to work at that point in time.
Sm1smom
Super Moderator
Links to those timeline spreadsheets (and others) are all available on the AOS process spreadsheet.
Hi Mom,
Hope you're doing well.
Do you know if each of the applicants (Main and Derivative Applicants) will receive a separate/individual text or email notification (that USCIS has received the AOS package)? Or only the Main Applicant will be notified and that notification is good for both Applicants?
Thank you!
Hope you're doing well.
Do you know if each of the applicants (Main and Derivative Applicants) will receive a separate/individual text or email notification (that USCIS has received the AOS package)? Or only the Main Applicant will be notified and that notification is good for both Applicants?
Thank you!