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DV 2018 AOS Only

ph1ll1ipswaya said:
Thank you Mom.
1. for a CN that is likely to be current in, say, May 2018, what would be the latest that one should submit the I-485 (& DS-260) so that it is processed timely, i.e. as if the I-485 was submitted upon DV selection in May 2017?

2. same question in case of CP: what would be the latest to submit the DS-260, so that case is processed and ready for interview to be scheduled upon number becomes current?
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1. Please take a look at the AOS process spreadsheet for a better understanding of a DV based AOS petition.

2. Take a look at Simon's blog:
http://britsimonsays.com/dv2017-basic-questions/
 
Sm1smom said:
1. I don't know 'how'. You'll have to figure that out yourself. But I remember telling you back in May (I think?) your CN isn't likely to become current soon and you shouldn't be in a rush to submit the DS260 form.

2. You should.
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Mom, I read briefly about the AP card,
1. would it be an alternative solution for my question (here again): If I submit DS260 under AoS, [would I be able to] travel home and [re-enter] the US without jeopardizing my AoS processing
2. what is the processing time range for the AP card application ?
 
ph1ll1ipswaya said:
Mom, I read briefly about the AP card,
1. would it be an alternative solution for my question (here again): If I submit DS260 under AoS, [would I be able to] travel home and [re-enter] the US without jeopardizing my AoS processing
2. what is the processing time range for the AP card application ?
Click to expand...

1. Please settle down and pay attention to what you're reading. You don't get an AP card based on DS260 submission. An AP card is applied for with the AOS package - using an AP card has certain disadvantages well documented on the AOS process spreadsheet, hence my recommendation (AGAIN) that you go over it.

2. Currently 3 - 4 from AOS package submission and acceptance by USCIS.
 
F1_DV2018 said:
I apologize if this info has been already known by anyone, but I found this very important for those applicants, who are going to file their DS-260 and I-485 forms after recent return to the the U.S.:

There is no more 30-60 days rule. If you want to file the petition to adjust status, you need to wait at least 90 days, otherwise it's assumed that you lied about the purpose of your travel at the port of entry.

(U) Inconsistent Conduct Within 90 Days of Entry:

(a) (U) However, if an alien violates or engages in conduct inconsistent with his or her nonimmigrant status within 90 days of entry, as described in subparagraph (2)(b) below, you may presume that the applicant's representations about engaging in only status-compliant activity were willful misrepresentations of his or her intention in seeking a visa or entry. To make a finding of inadmissibility for misrepresentation based on conduct inconsistent with status within 90 days of entry, you must request an AO from CA/VO/L/A. As with other grounds that do not require a formal AO, the AO may be informal. See .

(b) (U) For purposes of applying the 90-day rule, conduct that violates or is otherwise inconsistent with an alien’s nonimmigrant status includes, but is not limited to:

(iii) (U) A nonimmigrant in B or F status, or any other status prohibiting immigrant intent, marrying a United States citizen or lawful permanent resident and taking up residence in the United States; or

(iv) (U) Undertaking any other activity for which a change of status or an adjustment of status would be required, without the benefit of such a change or adjustment
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Please, I want to make sure I understand this correctly: Submitting the DS 260 (requesting A0S) and/or I-485 within 90 days of re-entering the US on F1/2, would jeopardize my AoS process as it will be presumed a willful misrepresentation of my immigration intent at the moment of re-entering the US. is this correct?
 
Sm1smom said:
1. Please settle down and pay attention to what you're reading. You don't get an AP card based on DS260 submission. An AP card is applied for with the AOS package - using an AP card has certain disadvantages well documented on the AOS process spreadsheet, hence my recommendation (AGAIN) that you go over it.

2. Currently 3 - 4 from AOS package submission and acceptance by USCIS.
Click to expand...
Thanks a lot. will revisit the spreadsheet.
 
Hello,

I was depressed all day today, since I woke up to find out about the new cutoff for Africa. I have been checking the VB, and patiently waiting.
I am in the US, aiming for AOS. My case number is 2018AF10xxx. I was hoping that my number becomes current in November.
I am worried, as my I20 expires end of December, and I am supposed to graduate by then.

1- should I try to extend my I20, or graduate and file for OPT? I just did not want to create confusion and find myself concurrently filing for OPT and AOS.

Thank you a million
 
Snaydsa said:
Hello,

I was depressed all day today, since I woke up to find out about the new cutoff for Africa. I have been checking the VB, and patiently waiting.
I am in the US, aiming for AOS. My case number is 2018AF10xxx. I was hoping that my number becomes current in November.
I am worried, as my I20 expires end of December, and I am supposed to graduate by then.

1- should I try to extend my I20, or graduate and file for OPT? I just did not want to create confusion and find myself concurrently filing for OPT and AOS.

Thank you a million
Click to expand...

Sorry I can't tell you which way to go except whatever you do, make sure you have a valid status prior to submitting your AOS package to ensure you have a fall back status in case your AOS petition does not go through.
 
Snaydsa said:
Hello,

I was depressed all day today, since I woke up to find out about the new cutoff for Africa. I have been checking the VB, and patiently waiting.
I am in the US, aiming for AOS. My case number is 2018AF10xxx. I was hoping that my number becomes current in November.
I am worried, as my I20 expires end of December, and I am supposed to graduate by then.

1- should I try to extend my I20, or graduate and file for OPT? I just did not want to create confusion and find myself concurrently filing for OPT and AOS.

Thank you a million
Click to expand...

To add to what mom said - you do know that with AOS it can take months after you're current before you interview?
 
Hi mom,

If the visa cutoff for EU in November is 4500 and my CN is 4600, would I be able to do early filing in October? Or in November?
 
Jonathan784 said:
Hi mom,

If the visa cutoff for EU in November is 4500 and my CN is 4600, would I be able to do early filing in October? Or in November?
Click to expand...

It depends on what the cutoff number for Dec is. If it is above 4600, then you can file as early as Oct - make sure you're aware of the 3 possible outcomes of an early filing especially if you're likely to be out of current status during the AOS process.
 
Mom thanks again for the valuable information on the spreadsheet, and thanks for the link to Simon's blog (thanks Simon)
1. Is it possible to do the following after submitting DS260 but before receiving 2ndNL?
1.1. Pay DV administrative fee ($330) to the DOS
2.2. Send AOS package to the Chicago Lockbox, Assuming VB advanced notification shows number current?
2. Are you aware of a spreadsheet for the CP process, like the one you've done for AoS?
Thanks
CN29xxx
 
ph1ll1ipswaya said:
Mom thanks again for the valuable information on the spreadsheet, and thanks for the link to Simon's blog (thanks Simon)
1. Is it possible to do the following after submitting DS260 but before receiving 2ndNL?
1.1. Pay DV administrative fee ($330) to the DOS
2.2. Send AOS package to the Chicago Lockbox, Assuming VB advanced notification shows number current?
2. Are you aware of a spreadsheet for the CP process, like the one you've done for AoS?
Thanks
CN29xxx
Click to expand...

1.1 & 1.2: Yes and yes. That is why I've been saying the DS260 submission date makes little to no difference to the AOS process.

2. No spreadsheet for CP. The steps are straight forward and adequately covered/explained on the official/government website.
 
Sm1smom said:
It depends on what the cutoff number for Dec is. If it is above 4600, then you can file as early as Oct - make sure you're aware of the 3 possible outcomes of an early filing especially if you're likely to be out of current status during the AOS process.
Click to expand...

The 3 options being:

1. approved
2. Denied-make payment again, if they deny it due to early filing, do they use the check still?
3. May have to do medical exam again? (My med exam expires in January)

Is this right?
 
Jonathan784 said:
The 3 options being:

1. approved
2. Denied-make payment again, if they deny it due to early filing, do they use the check still?
3. May have to do medical exam again? (My med exam expires in January)

Is this right?
Click to expand...

3 Possible Outcomes of Early Filing (actually 4, but the 4th one is really mute since it is the desired outcome):
1. Accepted by the Chicago Lockbox
2. Package rejected by the Chicago Lockbox and returned to sender several weeks after package was originally delivered.
3. AOS petitioner erroneously denied by the FO several months after the package was originally accepted by the Chicago Lockbox.
4. AOS petition approved.

I'm the case of 2 or 3, if this happens when you're already out of the status you were in prior to filing, you will no longer have a valid status to enable you file again or fall back on.
 
Jonathan784 said:
The 3 options being:

1. approved
2. Denied-make payment again, if they deny it due to early filing, do they use the check still?
3. May have to do medical exam again? (My med exam expires in January)

Is this right?
Click to expand...

And if the petition is denied:
You do not get a fee refund
You cannot file the same petition again, but you may be able to file an appeal (for a fee) if time is on your side.
You may also be able to convince the FO the case was was erroneously denied and get them to reopen without having to pay an appeal fee.
 
Sm1smom said:
3 Possible Outcomes of Early Filing (actually 4, but the 4th one is really mute since it is the desired outcome):
1. Accepted by the Chicago Lockbox
2. Package rejected by the Chicago Lockbox and returned to sender several weeks after package was originally delivered.
3. AOS petitioner erroneously denied by the FO several months after the package was originally accepted by the Chicago Lockbox.
4. AOS petition approved.

I'm the case of 2 or 3, if this happens when you're already out of the status you were in prior to filing, you will no longer have a valid status to enable you file again or fall back on.
Click to expand...

Thank you so much for clarifying that. I am assuming that is up to the discretion of the FO and there would be no way to check and guarantee on what my local office's policy on early filing is? Say if I were to contact them.
 
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