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DV 2018 AOS Only

Hi, I am a PhD student on F1 Visa. I am trying to decide between going for AOS or CP. My CN is below cut-off number for January. I am thinking of taking the winter break to go to my home country and go for CP.

However, I wasn't aware that it might take a long time for KCC to process the DS-260 and schedule an interview. My workload next semester is really high and I don't know if I can take some time off during the semester. Therefore, I am wondering whether if I submit my DS-260 now, I will be scheduled an interview in January or delayed to next month. I do realize that it might not be possible to know for sure, but I believe you will have a better educated guess than mine.

Thanks in advance.
 
Cnqr said:
Hi, I am a PhD student on F1 Visa. I am trying to decide between going for AOS or CP. My CN is below cut-off number for January. I am thinking of taking the winter break to go to my home country and go for CP.

However, I wasn't aware that it might take a long time for KCC to process the DS-260 and schedule an interview. My workload next semester is really high and I don't know if I can take some time off during the semester. Therefore, I am wondering whether if I submit my DS-260 now, I will be scheduled an interview in January or delayed to next month. I do realize that it might not be possible to know for sure, but I believe you will have a better educated guess than mine.

Thanks in advance.
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The interviews for January have already been scheduled (though not notified) or are being done so right now, so you certainly won’t make it in time for that. Not even sure if you’ll make Feb.
just to double check you are aware that if you do CP, you need to do the medical at home too (more time needed). With your number already available for early filing, why are you not “automatically” going for AOS?
 
Hi all,

Please, pay attention, that new edition of Form I-693 was released and this edition must be only used starting January 2018. https://www.uscis.gov/i-693

New edition dated 10/19/2017. Starting Jan. 2, 2018, civil surgeons must use the 10/19/17 edition of Form I-693. USCIS will not accept the 02/07/17 version (or any previous editions) that a civil surgeon signed and dated on or after Jan. 2, 2018.
 
SusieQQQ said:
The interviews for January have already been scheduled (though not notified) or are being done so right now, so you certainly won’t make it in time for that. Not even sure if you’ll make Feb.
just to double check you are aware that if you do CP, you need to do the medical at home too (more time needed). With your number already available for early filing, why are you not “automatically” going for AOS?
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Thank you very much for the information. I was hoping to get all the process completed in one month and visit my folks by going for CP. I am slightly intimidated by the complexity of AOS process as AOS seems a little complicated and requires too many documents to file.

For CP, I am still considering the option to wait until summer and submit DS-260 such that I will be scheduled an interview for June or July. I have major project deadlines up until mid-May. Therefore, I am worried if I can't adjust the time of DS-260 submission and get an interview in May. In that case, is it possible to ask KCC or embassy to defer the interview by one month? Can I directly ask KCC for a specific month I prefer at the time I submit my DS-260?

I started my PhD and came to US in early August. Up until now, I was planning to go for CP. If I decide to go for AOS now, would this cause an issue?
 
Cnqr said:
Thank you very much for the information. I was hoping to get all the process completed in one month and visit my folks by going for CP. I am slightly intimidated by the complexity of AOS process as AOS seems a little complicated and requires too many documents to file.

For CP, I am still considering the option to wait until summer and submit DS-260 such that I will be scheduled an interview for June or July. I have major project deadlines up until mid-May. Therefore, I am worried if I can't adjust the time of DS-260 submission and get an interview in May. In that case, is it possible to ask KCC or embassy to defer the interview by one month? Can I directly ask KCC for a specific month I prefer at the time I submit my DS-260?

I started my PhD and came to US in early August. Up until now, I was planning to go for CP. If I decide to go for AOS now, would this cause an issue?
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You probably won’t be able to fine tune the timing of a CP interview - no, you can’t ask for a specific month. As your number is current, you’ll be scheduled as soon as they finish processing your DS (you’ll get scheduled sometime between 4 and 8 weeks befor the interview), but you don’t know how long it will take to process the DS; and if you wait too long to submit or try reschedule (almost always risky and potentially subject to long delays), you run the risk of losing out on an interview/visa entirely.

What kind of “issue” do you mean re changing to AOS? You’d need to inform KCC of this and get started, that’s all.
 
SusieQQQ said:
You probably won’t be able to fine tune the timing of a CP interview - no, you can’t ask for a specific month. As your number is current, you’ll be scheduled as soon as they finish processing your DS (you’ll get scheduled sometime between 4 and 8 weeks befor the interview), but you don’t know how long it will take to process the DS; and if you wait too long to submit or try reschedule (almost always risky and potentially subject to long delays), you run the risk of losing out on an interview/visa entirely.

What kind of “issue” do you mean re changing to AOS? You’d need to inform KCC of this and get started, that’s all.
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Thank you very much for the information. I'm sorry for lining up maybe too many questions. But, I really appreciate your help and guidance.

I don't know much about this, but since I came here in this August on F1 visa, if I decide to go for AOS, would there be an issue regarding the concept of dual-intent (i.e. someone misinterpreting my case into the context of dual-intent)?

By informing KCC, do you mean just the submission of DS-260 or an additional custom e-mail to KCC explaining my situation?
 
Cnqr said:
Thank you very much for the information. I'm sorry for lining up maybe too many questions. But, I really appreciate your help and guidance.

I don't know much about this, but since I came here in this August on F1 visa, if I decide to go for AOS, would there be an issue regarding the concept of dual-intent (i.e. someone misinterpreting my case into the context of dual-intent)?

By informing KCC, do you mean just the submission of DS-260 or an additional custom e-mail to KCC explaining my situation?
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I believe what you could potentially be accused of is a preconceived immigrant intent with the mind of status adjustment. This however gets nullified if no immigrant intent is demonstrated within the first 90 days of entering the US on a NIV, just like @F1_DV2018 pointed out above.
 
Cnqr said:
By informing KCC, do you mean just the submission of DS-260 or an additional custom e-mail to KCC explaining my situation?
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If you haven’t yet submitted your DS260, then I believe what you do now is submit it with the US as current address and choose AOS. Mom will correct this if I’m wrong :)
 
SusieQQQ said:
If you haven’t yet submitted your DS260, then I believe what you do now is submit it with the US as current address and choose AOS. Mom will correct this if I’m wrong :)
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He just needs to wait until he’s been in the US at least 90days before submitting the DS260 with AOS as the process option.
 
Good evening Sm1smom,

My number is finally current for January. I am also now eligible for OPT. I did mail my OPT application this Thursday.

Kindly when is the Soonest you advice me to mail my AOS package?

I really value your advice.

Best regards
 
Snaydsa said:
Good evening Sm1smom,

My number is finally current for January. I am also now eligible for OPT. I did mail my OPT application this Thursday.

Kindly when is the Soonest you advice me to mail my AOS package?

I really value your advice.

Best regards
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I’m sorry I can’t tell you specifically when it’s a good time to file. You’ll have to use your discretion on that based on what you know. You know the reason you waited until last Thursday to file OPT as against doing so in October like you said you were going to.
 
Sm1smom said:
I’m sorry I can’t tell you specifically when it’s a good time to file. You’ll have to use your discretion on that based on what you know. You know the reason you waited until last Thursday to file OPT as against doing so in October like you said you were going to.
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I had to wait, as I needed to make sure my Masters project is going to be completed this semester, and that I won't need to extend.

Kindly can you tell me which event in the OPT process makes my OPT application considered filed before my AOS?

Thank you
 
Snaydsa said:
I had to wait, as I needed to make sure my Masters project is going to be completed this semester, and that I won't need to extend.

Kindly can you tell me which event in the OPT process makes my OPT application considered filed before my AOS?

Thank you
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When the OPT is granted.

Anyway you should be fine since technically speaking, OPT is part of F1 status. It’s not like requesting for a new status.
 
Good morning everyone ;)
I notice that also the form I-765 (EAD) has been changed (https://www.uscis.gov/i-765). I hope that this is helpful and it wasn't in a previous comment that I missed.
and I have a question about it:
at the question 15 they asked if you have ever apply to have an EAD and my answer will be yes; the following question is when. For that I have 2 dates but the form allow me to add only one.
Is that fine if I attach a word file titled 'I-765 addendum' and I add that information?

Many Thanks
Have a good day all and good luck:)
 
Fanuel said:
Good morning everyone ;)
I notice that also the form I-765 (EAD) has been changed (https://www.uscis.gov/i-765). I hope that this is helpful and it wasn't in a previous comment that I missed.
and I have a question about it:
at the question 15 they asked if you have ever apply to have an EAD and my answer will be yes; the following question is when. For that I have 2 dates but the form allow me to add only one.
Is that fine if I attach a word file titled 'I-765 addendum' and I add that information?

Many Thanks
Have a good day all and good luck:)
Click to expand...

Instructions for using a separate sheet to provide additional information:

If extra space is needed to complete any item, attach a continuation sheet, write your name and Alien Registration Number (A-Number) (if any), at the top of each sheet of paper, indicate the Part and item number to which your answer refers, and date and sign each sheet.
https://www.uscis.gov/system/files_force/files/form/i-765instr.pdf?download=1
 
Hi all,

I am facing a small issue with KCC.
I live in the US, got selected for GC (probably current in May/June) and then started to fill out the DS260 form. At inception of the DS260 I have chosen 'send my case to USCIS' because I wanted to go with the AOS process. I have NOT submitted my DS260 yet (waiting 90 days as I visited my home country in September).
Now I would like to go with the CP process and then asked KCC to unlock my case because the part where I choose if I want to do AOS or CP is now shaded/blocked (unable to change it).
First answer from KCC : 'we can not unlock your case as you haven't submitted it yet' => which is true, I haven't been precise enough, so I sent another email explaining that it's not the entire DS260 that I want to unlock but only the bottom of first part ('Getting Started') in order to change the selection to 'I want to be interviewed in another country'. I included a screenshot of the part I want to unlock.
Second answer from KCC : a big copy/paste of the DV rules 'All applicants must fill out the DS260 immigrant visa and alien registration ... blablabla'

I am not sure what to do to switch from AOS to CP. I am considering sending my DS260 (after the 90 days - end of December) with the AOS option selected and then asking them to unlock it... I am not sure it's the best way to do it ...I only need a small unlock

Do you have any idea what I can do?

Thanks,
 
funwithflag said:
Hi all,

I am facing a small issue with KCC.
I live in the US, got selected for GC (probably current in May/June) and then started to fill out the DS260 form. At inception of the DS260 I have chosen 'send my case to USCIS' because I wanted to go with the AOS process. I have NOT submitted my DS260 yet (waiting 90 days as I visited my home country in September).
Now I would like to go with the CP process and then asked KCC to unlock my case because the part where I choose if I want to do AOS or CP is now shaded/blocked (unable to change it).
First answer from KCC : 'we can not unlock your case as you haven't submitted it yet' => which is true, I haven't been precise enough, so I sent another email explaining that it's not the entire DS260 that I want to unlock but only the bottom of first part ('Getting Started') in order to change the selection to 'I want to be interviewed in another country'. I included a screenshot of the part I want to unlock.
Second answer from KCC : a big copy/paste of the DV rules 'All applicants must fill out the DS260 immigrant visa and alien registration ... blablabla'

I am not sure what to do to switch from AOS to CP. I am considering sending my DS260 (after the 90 days - end of December) with the AOS option selected and then asking them to unlock it... I am not sure it's the best way to do it ...I only need a small unlock

Do you have any idea what I can do?

Thanks,
Click to expand...

KCC’s response to you is quite accurate. They can not unlock a form that’s yet to be submitted.

What you on your part didn’t realize though is the fact that the page you’re trying to change is permanently locked once the selection is made and you move on to the next page. No change can be made to that section on the form itself even if the DS260 form has been submitted. When people need to switch from one process option to the other following the DS260 form submission, they email KCC of their intention. The form continues to display the original selection, but KCC notes the change request and process them accordingly.

And I don’t get why you’re waiting for 90 following your return from home if you’re switching to CP anyways. There’s no policy in place preventing you from submitting the form now if you wish to do so. I pointed this out to you back in October as a matter of fact:

Sm1smom said:
Medical exam from the US is not acceptable for CP, it must be done by one of the CS designated by the embassy. A PCC from the US expected or required. You will need one from your home country of course and any other country you’ve resided as as applicable, with the exception of the US of course. I don’t know how long that is likely to take, you’ll have to investigate that on your own.

Waiting 90 Days is not applicable if processing CP by the way.
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