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DV 2018 AOS Only

Hi, I have an question again. Let me re-write my situation again to remind you about our case.

Mu husband won the lottery. He currently applied for OPT ( Graduating and start working in Aug 2017) and waiting and his employer -to be is planing to file for H1-b and then help us to process Diversity lottery case. His number is 53** from Asia.

I am on F1 visa too and was planing to graduate this August and apply for OPT, but plans changed and now I will graduate in December 2017.

My question is,

1) We plan to file DS 260 in October- November. Then after graduating in December , should I apply for OPT to maintain my status?
2) Or should I automatically get EAD card to work till the GC process get finalized? ( I am interested in continuing my studies in another university, but the admission is not finalized, hence can apply for OPT as a safety net in between.)
3) If I get admission to another school in next Spring 2018 or Fall 2018 to continue my study, , how this AOS will play out for my case?

Thank you for your time.
 
Last edited:
Hello dear dv2018 winners,

I have questions which might have already been answered.
I am in the US with a L1B visa and travelling a lot (approx. 1 week every 6-7 weeks - business related trips) outside of the US because of my job.
My CN should be current at the end of 2017/beg 2018.

1. I understood my L1 visa is a dual intent one so travelling outside of the US during the GC process shouldn't be an issue (denial of GC for instance...) right?
2. The 30-60-90 days rule doesn't apply right?
3. Should I expect some questions from the Police Border officer regarding my GC process each time I come back to the US?
4. I don't need the AP right?
5. Should I submit my DS260 just after a business trip or just before a business trip ? And my i485? I just want to lower the probability of being stuck at the airport after each business trip...
6. Should I expect, during my interview, some questions regarding that?
7. Can it slow down my application?

Thanks a lot for your help
 
Sheree said:
Hi, I have an question again. Let me re-write my situation again to remind you about our case.

Mu husband won the lottery. He currently applied for OPT ( Graduating and start working in Aug 2017) and waiting and his employer -to be is planing to file for H1-b and then help us to process Diversity lottery case. His number is 53** from Asia.

I am on F1 visa too and was planing to graduate this August and apply for OPT, but plans changed and now I will graduate in December 2017.

My question is,

1) We plan to file DS 260 in October- November. Then after graduating in December , should I apply for OPT to maintain my status?
2) Or should I automatically get EAD card to work till the GC process get finalized? ( I am interested in continuing my studies in another university, but the admission is not finalized, hence can apply for OPT as a safety net in between.)
3) If I get admission to another school in next Spring 2018 or Fall 2018 to continue my study, , how this AOS will play out for my case?

Thank you for your time.
Click to expand...

1. Yes you should.

2. You don't automatically get an EAD card on the basis of filing for a GC, you will need to apply for the EAD card. Having said that, I suggest going with OPT - this enables you to maintain your current status and gives you a fall back status if your AOS petition gets denied for any reason.

3. Your AOS process continues until adjudicated.
 
funwithflag said:
Hello dear dv2018 winners,

I have questions which might have already been answered.
I am in the US with a L1B visa and travelling a lot (approx. 1 week every 6-7 weeks - business related trips) outside of the US because of my job.
My CN should be current at the end of 2017/beg 2018.

1. I understood my L1 visa is a dual intent one so travelling outside of the US during the GC process shouldn't be an issue (denial of GC for instance...) right?
2. The 30-60-90 days rule doesn't apply right?
3. Should I expect some questions from the Police Border officer regarding my GC process each time I come back to the US?
4. I don't need the AP right?
5. Should I submit my DS260 just after a business trip or just before a business trip ? And my i485? I just want to lower the probability of being stuck at the airport after each business trip...
6. Should I expect, during my interview, some questions regarding that?
7. Can it slow down my application?

Thanks a lot for your help
Click to expand...

1. Right.

2. Right.

3. CBP can ask about anything they consider necessary - you need to make sure you always answer any question asked truthfully.

4. AP is for someone with a none dual intent visa, so you already know the answer to this.

5. Your call.

6. Questions regarding what?

7. Can what slow do your application?
 
Sm1smom said:
1. Right.

2. Right.

3. CBP can ask about anything they consider necessary - you need to make sure you always answer any question asked truthfully.

4. AP is for someone with a none dual intent visa, so you already know the answer to this.

5. Your call.

6. Questions regarding what?

7. Can what slow do your application?
Click to expand...

Thanks a lot !!

6. Questions regarding my multiple travels. During my GC interview with the immigration officer (at the end of the process) should I justify all these business trips (i.e. Should I bring justification from my management like emails for instance) ?

7. I wanted to know if a long travel record could slow down the processing time between my i485 submission and my interview (time during which USCIS review my application I guess)
 
funwithflag said:
Thanks a lot !!

6. Questions regarding my multiple travels. During my GC interview with the immigration officer (at the end of the process) should I justify all these business trips (i.e. Should I bring justification from my management like emails for instance) ?

7. I wanted to know if a long travel record could slow down the processing time between my i485 submission and my interview (time during which USCIS review my application I guess)
Click to expand...

You take anything and everything you consider pertinent to your case to your interview.

Extensive travel history may lead to a prolonged background check.
 
Hey Thank you very much. I have another question after reading the above reply for 'funwithflag'. You have clarified me before about H1-B being dual intent Visa. I have couple of questions.

1) Like the above case, since husband will be on H1-B visa( he is joining university for work, hence takes 2-3 months to process) when his case become current and send AOS and DS 260 Then he will be able to travel outside US even after sending DS 260 and AOS with out any restriction. Am I Right?
2) And 30-60 days also doesn't apply to him. Am I right?
3) Is it same for H-4 Visa ( H1-B dependent) too?

Thank you very much.
 
Sm1smom, thank you very much for this topic, for the document and for your answers! What you are doing is super helpful.
As everyone here I have a question:

Somewhere in official instructions they state: "complete DS-260 as soon as possible". I have plans to move to US in 2 months and apply to AOS there. If I delay the submission of DS-260 can it cause any troubles?

Thank you!
 
Sheree said:
Hey Thank you very much. I have another question after reading the above reply for 'funwithflag'. You have clarified me before about H1-B being dual intent Visa. I have couple of questions.

1) Like the above case, since husband will be on H1-B visa( he is joining university for work, hence takes 2-3 months to process) when his case become current and send AOS and DS 260 Then he will be able to travel outside US even after sending DS 260 and AOS with out any restriction. Am I Right?
2) And 30-60 days also doesn't apply to him. Am I right?
3) Is it same for H-4 Visa ( H1-B dependent) too?

Thank you very much.
Click to expand...

Okay I think I need to be a bit more clear in my response to you and @funwithflag and any other person in a similar situation.

L1/L2, H1B/H4 visas are considered dual intent visas. Traveling outside the US with a pending AOS petition while on any of these statuses will not lead to the AOS petition been considered as abandoned. Having a dual intent visa does not mean one cannot be denied re-admission back into the US if one goes out on a trip, admission/re-admission is never guaranteed. A dual intent visa only prevents the AOS from being considered abandoned if such a person travels without an approved AP card while the AOS petition is pending.

Also the 30/60/90 days rule shouldn't be taken for granted. I wouldn't declare an immigrant intent immediately following a trip abroad just because I am on a dual intent visa status. I would wait still wait at least 30, and when possible 60 days before declaring an immigrant intent should I have a need to travel out of themUS prior to submitting my forms. Not a risk I would take.
 
AndreyK said:
Sm1smom, thank you very much for this topic, for the document and for your answers! What you are doing is super helpful.
As everyone here I have a question:

Somewhere in official instructions they state: "complete DS-260 as soon as possible". I have plans to move to US in 2 months and apply to AOS there. If I delay the submission of DS-260 can it cause any troubles?

Thank you!
Click to expand...

And what type of visa are you coming into the US with?
 
AndreyK said:
H1b and H4 for my spouse.
Click to expand...

Okay, technically speaking, coming to the US on a NIV with the mind of processing AOS is frowned upon. The immigration system does not like for people to come in with preconceived immigrant intent on a NIV and the plan to process AOS. However, because you're coming in on a dual intent visa, a preconceived immigrant intent may not be an issue.

You do need to be aware of what's written on the US DOS's DV Visa Process section though:

If you receive notification through the E-DV website that you have been selected for further processing in the DV Program, and you are physically present in the United States, you may be eligible to adjust status to obtain permanent residence through the DV Program.​

I don't know if the fact you were not physically present in the US when you found out about your selection may also lead to a denial in your case, because of the fact that you're coming in on a dual intent visa. This clause wasn't enforced in the past, to the best of my knowledge. However in this Trump era, things can't be taken for granted. We recently had a report of a DV 2017 selectee who was told at the end of his interview his AOS petition was going to be denied because he wasn't in the US when he found out about his selection - this is not withstanding the fact that this person was already based in the US on a F1 visa but was out of the US for about 9 days which happened to be around when the results where announced.
 
Sm1smom said:
Okay, technically speaking, coming to the US on a NIV with the mind of processing AOS is frowned upon. The immigration system does not like for people to come in with preconceived immigrant intent on a NIV and the plan to process AOS. However, because you're coming in on a dual intent visa, a preconceived immigrant intent may not be an issue.

You do need to be aware of what's written on the US DOS's DV Visa Process section though:

If you receive notification through the E-DV website that you have been selected for further processing in the DV Program, and you are physically present in the United States, you may be eligible to adjust status to obtain permanent residence through the DV Program.​

I don't know if the fact you were not physically present in the US when you found out about your selection may also lead to a denial in your case, because of the fact that you're coming in on a dual intent visa. This clause wasn't enforced in the past, to the best of my knowledge. However in this Trump era, things can't be taken for granted. We recently had a report of a DV 2017 selectee who was told at the end of his interview his AOS petition was going to be denied because he wasn't in the US when he found out about his selection - this is not withstanding the fact that this person was already based in the US on a F1 visa but was out of the US for about 9 days which happened to be around when the results where announced.
Click to expand...

Thank you much for your answer!
On the one hand - H1B is dual intention, meaning that applying to AOS has same intention as coming to US by H1B - immigration (so 30-60 rule is not violated). On the other hand there is precedent when someone is going to be denied because he received notification outside of US. From what I read about 30-60 rule - it's very exact and might be the cause of denial for that guy (since he came by NIV and immediately indicated his intention to immigrate). Very much I want to believe the text you showed does not mean I must be in US and get notif at the same time, at least not for H1... If AOS gets denied it's over, there will be no possibility to apply with CP, is this correct?
 
AndreyK said:
Thank you much for your answer!
On the one hand - H1B is dual intention, meaning that applying to AOS has same intention as coming to US by H1B - immigration (so 30-60 rule is not violated). On the other hand there is precedent when someone is going to be denied because he received notification outside of US. From what I read about 30-60 rule - it's very exact and might be the cause of denial for that guy (since he came by NIV and immediately indicated his intention to immigrate). Very much I want to believe the text you showed does not mean I must be in US and get notif at the same time, at least not for H1... If AOS gets denied it's over, there will be no possibility to apply with CP, is this correct?
Click to expand...

No, applying for AOS does NOT mean having same intention as coming to US on H1B. Dual intent simply means you're not required to demonstrate a strong tie to your home country when applying for your NIV because you may change your mind and decide to seek a US permanent residency. A non dual intent visa requires a strong demonstration of ties to the home country before the visa can be approved.

Yes the text clearly states one is expected to be physically in the US when notified of selection, there is no implied exception for H1 visa holder like you're trying to interpret it.

As for this other case we're talking about, remember I'm actually the person that clarified what was going on to him, so your response of 'he came by a NIV and immediately indicated his intention to immigrate' is only a part of the story. Remember this person was already in the US in a legal status prior to the DV selection and had only undertaken a temporary trip - he wasn't coming in for the first time on a NIV which is the situation you are in.

As a matter of fact, you can be denied admission if CBP finds out you plan on processing AOS even with your dual H1B visa in case you don't know. They would rather you process CP. H1B does not automatically equate AOS.

And yes, if AOS gets denied you cannot go back to CP, that is the end of the selection.
 
Sm1smom said:
No, applying for AOS does NOT mean having same intention as coming to US on H1B. Dual intent simply means you're not required to demonstrate a strong tie to your home country when applying for your NIV because you may change your mind and decide to seek a US permanent residency. A non dual intent visa requires a strong demonstration of ties to the home country before the visa can be approved.

Yes the text clearly states one is expected to be physically in the US when notified of selection, there is no implied exception for H1 visa holder like you're trying to interpret it.

As for this other case we're talking about, remember I'm actually the person that clarified what was going on to him, so your response of 'he came by a NIV and immediately indicated his intention to immigrate' is only a part of the story. Remember this person was already in the US in a legal status prior to the DV selection and had only undertaken a temporary trip - he wasn't coming in for the first time on a NIV which is the situation you are in.

As a matter of fact, you can be denied admission if CBP finds out you plan on processing AOS even with your dual H1B visa in case you don't know. They would rather you process CP. H1B does not automatically equate AOS.

And yes, if AOS gets denied you cannot go back to CP, that is the end of the selection.
Click to expand...

Thank you very much for your clarifications. Your experience is very valuable. Apparently it's like I was trying to diagnose myself by just reading internet articles. Without a specialist it's almost always impossible.

I understand now that CP is safer in my case. And what about my relocation to US by H1? Do you think it's better to postpone it till CP finished? Sorry if I ask a lot, this all is surprisingly complicated. Perhaps from now I need to switch to different thread.
 
Sm1smom said:
Okay I think I need to be a bit more clear in my response to you and @funwithflag and any other person in a similar situation.

L1/L2, H1B/H4 visas are considered dual intent visas. Traveling outside the US with a pending AOS petition while on any of these statuses will not lead to the AOS petition been considered as abandoned. Having a dual intent visa does not mean one cannot be denied re-admission back into the US if one goes out on a trip, admission/re-admission is never guaranteed. A dual intent visa only prevents the AOS from being considered abandoned if such a person travels without an approved AP card while the AOS petition is pending.

Also the 30/60/90 days rule shouldn't be taken for granted. I wouldn't declare an immigrant intent immediately following a trip abroad just because I am on a dual intent visa status. I would wait still wait at least 30, and when possible 60 days before declaring an immigrant intent should I have a need to travel out of themUS prior to submitting my forms. Not a risk I would take.
Click to expand...

Thank you for highlighting that point.
Regarding the case mentioned by Sheree and from the 30-60 days perspective do you consider a person coming in the US in L or H visa for the 1st time and submiting his/her DS260 right after his/her arrival the same than a person already in the US for several years (in L or H visa too) doing a trip abroad and submitting his/her DS260 right after his/her return ?
 
AndreyK said:
Thank you very much for your clarifications. Your experience is very valuable. Apparently it's like I was trying to diagnose myself by just reading internet articles. Without a specialist it's almost always impossible.

I understand now that CP is safer in my case. And what about my relocation to US by H1? Do you think it's better to postpone it till CP finished? Sorry if I ask a lot, this all is surprisingly complicated. Perhaps from now I need to switch to different thread.
Click to expand...

What is your CN?
 
funwithflag said:
Thank you for highlighting that point.
Regarding the case mentioned by Sheree and from the 30-60 days perspective do you consider a person coming in the US in L or H visa for the 1st time and submiting his/her DS260 right after his/her arrival the same than a person already in the US for several years (in L or H visa too) doing a trip abroad and submitting his/her DS260 right after his/her return ?
Click to expand...

I think I already covered this extensively in my last couple of posts to you, @Sheree, and @AndreyK.

I honestly do not like having to repeat myself, but I will make an exception and state that I certainly wouldn't consider demonstrating an immigrant intent by submitting my DS260 form or AOS package immediately following my return to the US even if I have a dual intent visa should I be in such a position. I will wait at least 30 and if possible 60 days before doing so.
 
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