DV 2018 AOS Only

[Sm1smom]

Mom,

1) Is there no consistency to when early filing gets denied, especially by the Chicago Lockbox?? Just random?
2) If early filing gets denied, then the only penalty to me is that I lose the filing fee, correct? As stated on the spreadsheet, I can re submit on August 1st (I am expecting my CN to become current for August cut off rankings).

There’s a difference between a petition being rejected or being denied. You should have picked up on that from my previous response to you.

1. No consistency, rejection due to early filing is random - typically happens if a newbie is processing the package. Of course the AOS package could also get rejected for other reasons such as incorrect fee payment, missing signature, expired form, etc.

2. If the package is rejected by the Chicago Lockbox, the only thing you loose is time as it may take a couple of weeks before the package gets returned. You don’t loose your payment. If the petition gets denied by your FO, you loose both time and money. Your payment would already be cashed before your file gets to the FO and there’s no fund. It also takes a while for the FO to make a determination, so you may not have enough time to file a new petition.

All of this has been fully explained on the AOS process spreadsheet, so please pay attention to the information you’ve been provided with.

 

[Gill19]

The USCIS # on your EAD card can be listed as your Alien # regardless of what the USCIS customer service rep told you on the phone. The first level reps answering the phone are not immigration officers, so their knowledge and response to questions asked are limited, especially if it’s not a question on the prepared scripts they been give.

Thanks Mom!

 

[Gill19]

The USCIS # on your EAD card can be listed as your Alien # regardless of what the USCIS customer service rep told you on the phone. The first level reps answering the phone are not immigration officers, so their knowledge and response to questions asked are limited, especially if it’s not a question on the prepared scripts they been give.

One other question with this. We had our medical done and got given the sealed envelopes yesterday, at this moment in time I have not received the EAD, so on form I-693 I have put the A-number as N/A. If the EAD arrives in time for when we file in June and I put the EAD number down, will this be considered an inconsistency? I know that when each form is dated will be different, so maybe that will help? Thanks Mom.

 

[Sm1smom]

One other question with this. We had our medical done and got given the sealed envelopes yesterday, at this moment in time I have not received the EAD, so on form I-693 I have put the A-number as N/A. If the EAD arrives in time for when we file in June and I put the EAD number down, will this be considered an inconsistency? I know that when each form is dated will be different, so maybe that will help? Thanks Mom.

Just submit the form as is. You’ll be fine.

 

[Gill19]

Just submit the form as is. You’ll be fine.

Sorry Mom, I'm not sure I understand. The I-693 is now sealed and doesn't have the A-number, I understand that can't be changed if the EAD arrives before filing and as it was dated before the EAD was mailed that should be ok, but what I meant was when filling out the I-485, the EAD might be here by the time I file so should I write it on that form or leave it as N/A, so it's consistent with the I-693, or because of the difference in dates will they understand why the A-number wasn't written on the I-693 but it is on the I-485?

 

[xm123456]

1. Depends on which petition got filed earlier - the AOS or the H1B petition?

2. It shouldn’t.

Hi Mom,
I just check my I797C, so I have two 797C now.
AOS 797C notice date is Apr 10th (receive date Mar 30th)
H4 797C notice date is Apr 20th (receive date Apr 12th)

And since my interview is early June, I assume if nothing go wrong GC should be approved in June as well. I know H1&H4 only starts on Oct 1st each year. Should I worry about since I have COS petition on going and waiting till Oct? Cause I saw you mentioned in other thread some IOs could not approve some AOSer since there is COS waiting.. Thank you.

 

[Sm1smom]

Sorry Mom, I'm not sure I understand. The I-693 is now sealed and doesn't have the A-number, I understand that can't be changed if the EAD arrives before filing and as it was dated before the EAD was mailed that should be ok, but what I meant was when filling out the I-485, the EAD might be here by the time I file so should I write it on that form or leave it as N/A, so it's consistent with the I-693, or because of the difference in dates will they understand why the A-number wasn't written on the I-693 but it is on the I-485?

1. Submit the I-693 as is - without the EAD number.
2. You can choose to add the EAD # to your I485 or leave it as N/A. It makes no difference, you need to stop over analyzing every single step/thing. The process is not that complicated. You wouldn’t be denied if the number is on your I485 form and not on the I693, or vice versa. Really no big deal.

 

[Sm1smom]

Hi Mom,
I just check my I797C, so I have two 797C now.
AOS 797C notice date is Apr 10th (receive date Mar 30th)
H4 797C notice date is Apr 20th (receive date Apr 12th)

And since my interview is early June, I assume if nothing go wrong GC should be approved in June as well. I know H1&H4 only starts on Oct 1st each year. Should I worry about since I have COS petition on going and waiting till Oct? Cause I saw you mentioned in other thread some IOs could not approve some AOSer since there is COS waiting.. Thank you.

Okay your causing my head to swim with this explanation. So let me break down my question:

When was AOS filed?
When was COS filed?
What was your current status and when did it expire?

And regarding what you said above about something I previously wrote, some clarification is required here because what you wrote could be misconstrued sine it isn’t a complete representation of what I think I must have written back then. I’m believe it must have been something like some IOs may decide to not approve the AOS petition while some other petition is pending, until they receive the file for that other petition.

 

[xm123456]

Okay your causing my head to swim with this explanation. So let me break down my question:

When was AOS filed?
When was COS filed?
What was your current status and when did it expire?

And regarding what you said above about something I previously wrote, some clarification is required here because what you wrote could be misconstrued sine it isn’t a complete representation of what I think I must have written back then. I’m believe it must have been something like some IOs may decide to not approve the AOS petition while some other petition is pending, until they receive the file for that other petition.

Hi Mom,

When was AOS filed?
03/29 sent out AOS to lockbox, 4/11 got receipt. On i797c it wrote "receive date 03/30". "Notice date 04/10"
When was COS filed?
The COS is for F2 to H4. My spouse's employer help to submit the COS. This is filed by employer, I don't know when did they send out COS(maybe they file on Apr 1st), but i got 797c receipt wrote "receive date 04/12" and "notice date 04/20"
What was your current status and when did it expire?
current is F2 D/S duration of status

I know there is last action rule in USCIS, and now im thinking to check with the IOs and maybe with spouse's employer to withdraw the H petition. In that case my status should fall back to F2.... But Im not sure what is certain now... I just called NCS and talked with an agent, she said I need to check with immigration officer (,tomorrow since they are off now). Im kind of worry now...

 

[reza11]

Mom if the personal check does not include preprinted phone number of me will be rejected?
My bank gave me perosanl check with name and my address only

 

[Sm1smom]

Hi Mom,

When was AOS filed?
03/29 sent out AOS to lockbox, 4/11 got receipt. On i797c it wrote "receive date 03/30". "Notice date 04/10"
When was COS filed?
The COS is for F2 to H4. My spouse's employer help to submit the COS. This is filed by employer, I don't know when did they send out COS(maybe they file on Apr 1st), but i got 797c receipt wrote "receive date 04/12" and "notice date 04/20"
What was your current status and when did it expire?
current is F2 D/S duration of status

I know there is last action rule in USCIS, and now im thinking to check with the IOs and maybe with spouse's employer to withdraw the H petition. In that case my status should fall back to F2.... But Im not sure what is certain now... I just called NCS and talked with an agent, she said I need to check with immigration officer (,tomorrow since they are off now). Im kind of worry now...

For my sanity, let’s put it this way without any long story in between:
AOS Filed: 3/29
COS Filed: 4/12
Status before filing: “unknown”. You can’t be F2 if your spouse is no longer F1. When did your spouse move to H1B from F1?

 

[Sm1smom]

Mom if the personal check does not include preprinted phone number of me will be rejected?
My bank gave me perosanl check with name and my address only

Check without a listed phone number is not a problem.

 

[xm123456]

For my sanity, let’s put it this way without any long story in between:
AOS Filed: 3/29
COS Filed: 4/12
Status before filing: “unknown”. You can’t be F2 if your spouse is no longer F1. When did your spouse move to H1B from F1?

Hi Mom,
The COS(H1B) Filed date was 4/1
Status before filing: F2, my spouse applied H1B this year (filed date 4/1) and has been selected, but have not receive I797, we are worried about this pending H1B(not sure it's considered as pending or not) petition would cause negative effect on AOS. Thanks again!

 

[Gill19]

1. Submit the I-693 as is - without the EAD number.
2. You can choose to add the EAD # to your I485 or leave it as N/A. It makes no difference, you need to stop over analyzing every single step/thing. The process is not that complicated. You wouldn’t be denied if the number is on your I485 form and not on the I693, or vice versa. Really no big deal.

Thanks Mom.

 

[Sm1smom]

Hi Mom,
The COS(H1B) Filed date was 4/1
Status before filing: F2, my spouse applied H1B this year (filed date 4/1) and has been selected, but have not receive I797, we are worried about this pending H1B(not sure it's considered as pending or not) petition would cause negative effect on AOS. Thanks again!

Your husband filed COS on 4/12, not 4/1.
4/1 is the date the package got mailed, however filed date is the date USCIS officially accepted the petition.

What was your husband doing when the H1B got filed? Still in school or working on OPT? And is he still on OPT?

 

[xm123456]

Your husband filed COS on 4/12, not 4/1.
4/1 is the date the package got mailed, however filed date is the date USCIS officially accepted the petition.

What was your husband doing when the H1B got filed? Still in school or working on OPT? And is he still on OPT?

Hi Mom,
he is working with his employer and status as F1 Stem OPT(expire on Dec 2019) when file H1B.

 

[Sm1smom]

Hi Mom,
he is working with his employer and status as F1 Stem OPT(expire on Dec 2019) when file H1B.

So finally, we get to the bottom of the mystery. You’re both still in F1/F2 status. Your current status isn’t pending, you simply have pending H1/H4 petitions in addition to your AOS petitions also.

So now, what is it you’re worried about again? I’m sorry I can’t recollect, it took so long to get to this stage of what your current status is.

 

[xm123456]

So finally, we get to the bottom of the mystery. You’re both still in F1/F2 status. Your current status isn’t pending, you simply have pending H1/H4 petitions in addition to your AOS petitions also.

So now, what is it you’re worried about again? I’m sorry I can’t recollect, it took so long to get to this stage of what your current status is.

Hi Mom,
We are worried about would our pending H1/H4 petitions cause negative effect to AOS? (My spouse got picked in this year H1B lottery, had 797C already but haven't receive I797A yet). Thanks again!

 

[Sm1smom]

Hi Mom,
We are worried about would our pending H1/H4 petitions cause negative effect to AOS? (My spouse got picked in this year H1B lottery, had 797C already but haven't receive I797A yet). Thanks again!

There’s nothing to be worried about. H1B is a dual intent status, it has no negative impact on your AOS, but it will of course be denied once the AOS is approved.

 

[xm123456]

There’s nothing to be worried about. H1B is a dual intent status, it has no negative impact on your AOS, but it will of course be denied once the AOS is approved.

Hi Mom,

I had a call to USCIS talked to an immigration officer just now. I told him that I have a “AOS” processing in USCIS and interview letter received, date is early June. Around same time my employer help my spouse submit I129 H1b petition on Apr 1st this year and he got selected, which is ongoing in USCIS as well. I also has a COS to H4 ongoing in USCIS. Will this two cases interfere with each other? The answer I got from him is: “These two are separate cases and should not be interfered with each other. Your AOS is family based not employment based. If your AOS get approved and the H1b petition will be denied, COS to H4 be denied as well. As far as he knows, these two cases will not bar each other.”

Thank you so much MOM!