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DV 2018 AOS Only

Jonathan784 said:
Hi Mom,

I have recently submitted my OPT application and it is currently being processed by USCIS. My CN for AOS will be current in Dec. I know that after I apply my status will be adjustment pending, so if I apply before my OPT is finalized and I receive my EAD card, would it mean that in case of rejection for AOS I would no longer be eligible to receive my F1-OPT?

You have answered similar questions before but I just wanted to verify with you if the fact that the OPT papers are already in, makes any difference with regards to a fall back option.

P.S. Sorry I had posted this question on the wrong thread before i.e. DV All Selectees
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Your understanding of your status is wrong. You do not become adjustment pending on the basis of filing AOS, you’re still considered F1 since your OPT petition was filed prior to AOS filing, even if the OPT was still pending. Your OPT will be adjudicated long before your AOS petition.
 
Her sister is getting married and she wants to attend that and her grandfather's health condition is not good so she wants to met him also. I think this can wait. It means travelling during this period is not safe , right ?
Thank you.
 
Sanjupokhara said:
Her sister is getting married and she wants to attend that and her grandfather's health condition is not good so she wants to met him also. I think this can wait. It means travelling during this period is not safe , right ?
Thank you.
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I can’t say if it is “safe” or not. You and your wife will have to make the call on your own.
 
Sanjupokhara said:
Her sister is getting married and she wants to attend that and her grandfather's health condition is not good so she wants to met him also. I think this can wait. It means travelling during this period is not safe , right ?
Thank you.
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And I’m not trying to scare you guys, I do know of previous AOSers on H1B/H4 who travelled with pending petitions, returned and safely completed the AOS process. I’m merely painting the full picture and asking you to make the call on your own, and not based on what I say is safe (or not).
 
Hey,
I just applied my AOS this month, my visa is current for Oct, and my biometric appointment is scheduled for Nov 8. I am just worried that my interview would take for ever even after September. My field office is Minneapolis, and it is way behind in processing the I 485 applications. As of July 2017, they are still working in June 2016. Does anyone know if USCIS processes the AOS differently based on the category (work based, marriage based, DV based) and which category is faster??
thanks in advance
 
Matt93 said:
Hey,
I just applied my AOS this month, my visa is current for Oct, and my biometric appointment is scheduled for Nov 8. I am just worried that my interview would take for ever even after September. My field office is Minneapolis, and it is way behind in processing the I 485 applications. As of July 2017, they are still working in June 2016. Does anyone know if USCIS processes the AOS differently based on the category (work based, marriage based, DV based) and which category is faster??
thanks in advance
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You mean your CN, not your “visa” is current for Oct. :)

DV based AOS petitions are fast tracked, they do not follow the same timeline as all other AOS petitions. The processing timelines available on USCIS’s website are not applicable to DV based AOS petitions. To get an idea of how long it takes your FO to adjudicate BV based AOS petitions, take a look at the different Timeline spreadsheets for the past couple of years we’ve put together in this forum. You will find a link to the AOS process spreadsheet on the first post on page one of this thread - that spreadsheet has links to all the timeline spreadsheets.
 
I applied for asylum and didn't have the interview with an immigration inspector. I won the dv lottery while waiting for the asylum interview and I still hv F1 visa active . What should I do with the asylum application now, Can that influence somehow the dv lottery/aos interview?
 
Sm1smom said:
You mean your CN, not your “visa” is current for Oct. :)

DV based AOS petitions are fast tracked, they do not follow the same timeline as all other AOS petitions. The processing timelines available on USCIS’s website are not applicable to DV based AOS petitions. To get an idea of how long it takes your FO to adjudicate BV based AOS petitions, take a look at the different Timeline spreadsheets for the past couple of years we’ve put together in this forum. You will find a link to the AOS process spreadsheet on the first post on page one of this thread - that spreadsheet has links to all the timeline spreadsheets.
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Thanks you so much!!
 
Florancezak said:
I applied for asylum and didn't have the interview with an immigration inspector. I won the dv lottery while waiting for the asylum interview and I still hv F1 visa active . What should I do with the asylum application now, Can that influence somehow the dv lottery/aos interview?
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So when you applied for asylum, your F1 status was still valid and you haven’t dropped out of school or done anything to outside of applying for an asylum that has invalidated your F1 status? How long as the asylum petition been pending?

The asylum petition will continue on its own track. If your DV based AOS petition gets approved, you contact USCIS to withdraw the asylum petition, until then do nothing about it.
 
Sorry for confused you. I mean when I applied for asylum won’t effect dv lottery, i’m still have F1 visa and still go to school my visa still valid.
 
Florancezak said:
Sorry for confused you. I mean when I applied for asylum won’t effect dv lottery, i’m still have F1 visa and still go to school my visa still valid.
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I already answered this in my first/previous response to you:

Sm1smom said:
The asylum petition will continue on its own track. If your DV based AOS petition gets approved, you contact USCIS to withdraw the asylum petition, until then do nothing about it.
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The only thing I didn’t add is that it is not unusual for one person to have multiple immigration petitions in the system at the same time.
 
Hey!

Does 90 days rule apply to AOS by DV to the ones which are in US by H1b/H4? Not sure is that articles below are actual. Thanks!

H-1B can apply for adjustment of status:
uscis.gov/sites/default/files/USCIS/About%20Us/Electronic%20Reading%20Room/Customer%20Service%20Reference%20Guide/Nonimmigrant_Empl.pdf
"Can a nonimmigrant in H-1B or L-1 status intend to immigrate permanently to the U.S.?
Nonimmigrants in H-1B or L-1 status can be the beneficiary of an immigrant visa petition, apply for adjustment of status, or take other steps toward Lawful Permanent Resident status without affecting their status."

At the other side
fam.state.gov/fam/09FAM/09FAM030209.html
"(2) (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.
...
(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:
...
(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.
"
Do H1B/H4 have that "the benefit of such a change or adjustment" or not?
 
AndreyK said:
Hey!

Does 90 days rule apply to AOS by DV to the ones which are in US by H1b/H4? Not sure is that articles below are actual. Thanks!

H-1B can apply for adjustment of status:
uscis.gov/sites/default/files/USCIS/About%20Us/Electronic%20Reading%20Room/Customer%20Service%20Reference%20Guide/Nonimmigrant_Empl.pdf
"Can a nonimmigrant in H-1B or L-1 status intend to immigrate permanently to the U.S.?
Nonimmigrants in H-1B or L-1 status can be the beneficiary of an immigrant visa petition, apply for adjustment of status, or take other steps toward Lawful Permanent Resident status without affecting their status."

At the other side
fam.state.gov/fam/09FAM/09FAM030209.html
"(2) (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.
...
(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:
...
(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.
"
Do H1B/H4 have that "the benefit of such a change or adjustment" or not?
Click to expand...
You're allowed to have immigrant intent if you're on H-1B
 
AndreyK said:
Hey!

Does 90 days rule apply to AOS by DV to the ones which are in US by H1b/H4? Not sure is that articles below are actual. Thanks!

H-1B can apply for adjustment of status:
uscis.gov/sites/default/files/USCIS/About%20Us/Electronic%20Reading%20Room/Customer%20Service%20Reference%20Guide/Nonimmigrant_Empl.pdf
"Can a nonimmigrant in H-1B or L-1 status intend to immigrate permanently to the U.S.?
Nonimmigrants in H-1B or L-1 status can be the beneficiary of an immigrant visa petition, apply for adjustment of status, or take other steps toward Lawful Permanent Resident status without affecting their status."

At the other side
fam.state.gov/fam/09FAM/09FAM030209.html
"(2) (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.
...
(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:
...
(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.
"
Do H1B/H4 have that "the benefit of such a change or adjustment" or not?
Click to expand...

Yes H1B/H4 status holder is eligible for adjustment of status, however the 90 day rule still very much applies regardless of the fact that status allows for dual intent. Having a dual intent / immigrant intent at the time of admission which a H1B/H4 status allows is not the same as having a status adjustment intent. Very different. Coming in on a NIV with the intention of status adjustment is highly frowned upon, hence the Sept. 2017 Memo regarding 90 day rule.
https://travel.state.gov/content/dam/visas/policy_updates/17 STATE 95090 Change to INA 212(a)(6)(C)(i) and Introduction of 90 Day Rule.pdf
 
Sm1smom said:
Yes H1B/H4 status holder is eligible for adjustment of status, however the 90 day rule still very much applies regardless of the fact that status allows for dual intent. Having a dual intent / immigrant intent at the time of admission which a H1B/H4 status allows is not the same as having a status adjustment intent. Very different. Coming in on a NIV with the intention of status adjustment is highly frowned upon, hence the Sept. 2017 Memo regarding 90 day rule.
https://travel.state.gov/content/dam/visas/policy_updates/17 STATE 95090 Change to INA 212(a)(6)(C)(i) and Introduction of 90 Day Rule.pdf
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This is fair.
What if a person in H1B status has supportive documents, like paychecks from the employer, that are actually a proof of H1B prescribed intention at the time of admission?

The note you kindly shared says "aliens who violate or engage in conduct inconsistent with his or her nonimmigrant status within 90". For example a B1 person applies to AOS for to get LPR, or find a job. However B1 does not suppose neither LPR not work authorization. So this is a violation.

At the other side according to the doc I've shared ("H-1B or L-1 status can be the beneficiary of an immigrant visa petition, apply for adjustment of status, or take other steps toward Lawful Permanent Resident status without affecting their status") applying to AOS by DV is actually "other steps toward Lawful Permanent Resident status", and it's not "inconsistent" with H1B status.
Or I understand it wrong?
 
AndreyK said:
This is fair.
What if a person in H1B status has supportive documents, like paychecks from the employer, that are actually a proof of H1B prescribed intention at the time of admission?

The note you kindly shared says "aliens who violate or engage in conduct inconsistent with his or her nonimmigrant status within 90". For example a B1 person applies to AOS for to get LPR, or find a job. However B1 does not suppose neither LPR not work authorization. So this is a violation.

At the other side according to the doc I've shared ("H-1B or L-1 status can be the beneficiary of an immigrant visa petition, apply for adjustment of status, or take other steps toward Lawful Permanent Resident status without affecting their status") applying to AOS by DV is actually "other steps toward Lawful Permanent Resident status", and it's not "inconsistent" with H1B status.
Or I understand it wrong?
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I recommend you stop trying to analyze something you don’t quite understand. Bottom life, you just came into the US, it is highly recommended you abide by the 90 day waiting period before demonstrating your preconceived immigrant intent of filing for status adjustment.

Your H1B visa wouldn’t have been approved as a matter of fact if you had told the CO you do not plan on leaving the US at the end of your granted stay or that you plan on filing for adjustment of status once you get to the US.

The section you quoted above is equally applicable to you! B1/B2 or other NIV such as F1 will be as eligible to process AOS as a H1B status if they can demonstrate they merely had a change of heart after entering the US - this can be demonstrated by waiting for 90 days before filing. Your having a dual intent visa does not mean you’re automatically eligible for AOS.

You ought to have waited back at home and process CP like I suggested to you a couple of months ago, if you’re not willing to wait.

Anyway, you don’t have to listen to me, you can go ahead and file right away if you wish.
 
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