DV 2019 AOS Only

[Sm1smom]

Thank you so much for the quick response! I'm still trying to understand this all, so I hope it's okay for me to ask a few follow-up questions.
Are you sure that filing DS260 won't affect my pending OPT application? Isn't the OPT application basically an application for a NIV and therefore doesn't allow dual intent?
I did read through the spreadsheet but since it says the processing time is 1-4 months after your number gets current (or even 6 months it says?), it seems like the process is definitely slower than CP? How do people who become current in September go through the entire process so quickly? And (just for understanding reasons) while the AOS is in process, are you allowed to leave the country al all?

Thank you so much!

1. I wouldn’t have said so if I wasn’t sure. You’re not the first person in this situation nor will you be the last. Yes DS260 is an application for an IV, OPT request is NOT a petition for a NIV (you’re not petitioning for a “visa”) - you petition for a NIV outside of the US. OPT petition is a work request based on being a student with a F1 status.

2. No one ever said AOS was faster or of equivalent processing time as CP - longer processing time is the main disadvantage of AOS. It has other advantages for someone already in the US compared to CP. You should have come across the section about early filing on the spreadsheet - that is how those who became current in September were able to complete the process. Plus, the FOs understand the time constraints associated with AOS, so they typically do their best to get late cases approved before the end of the FY. You should spend some time going through the last couple of pages of AOS threads in this forum to read of such cases.

3. One would need an approved AP card to return to the US in order for their AOS petition to not be considered abandoned and subsequently denied should there be a need to travel while the AOS petition is pending. You really need to re-read the AOS process spreadsheet by the way - all these issues have been addressed there.

 

[Nizi Muk]

Hi Mom,
I am the selectee(graduate student under F1 getting a stipend) and doing the AOS with my husband. My husband found a employer who is willing to give him an offer letter. Do we still need a sponsor to fill the I-134 ?
Thanks in advance.

 

[Sm1smom]

Hi Mom,
I am the selectee(graduate student under F1 getting a stipend) and doing the AOS with my husband. My husband found a employer who is willing to give him an offer letter. Do we still need a sponsor to fill the I-134 ?
Thanks in advance.

Is your husband in the US as your derivative or he has a separate status that makes him eligible to work?

 

[Nizi Muk]

Is your husband in the US as your derivative or he has a separate status that makes him eligible to work?

He is in USA as my dependent( he can not work since he has a dependent visa - F2). He just applied for a job so that he can work if we got Green Card.

 

[Sm1smom]

He is in USA as my dependent( he can not work since he has a dependent visa - F2). He just applied for a job so that he can work if we got Green Card.

A future job offer for when he’s eligible to work? Is it a genuine job offer? It’s rather unusual this employer is willing to wait until whenever he’s eligible to work.

You can take your chance with that if that’s your only option I suppose and keep your fingers crossed while hoping your IO will consider it.

 

[Feli94]

1. I wouldn’t have said so if I wasn’t sure. You’re not the first person in this situation nor will you be the last. Yes DS260 is an application for an IV, OPT request is NOT a petition for a NIV (you’re not petitioning for a “visa”) - you petition for a NIV outside of the US. OPT petition is a work request based on being a student with a F1 status.

2. No one ever said AOS was faster or of equivalent processing time as CP - longer processing time is the main disadvantage of AOS. It has other advantages for someone already in the US compared to CP. You should have come across the section about early filing on the spreadsheet - that is how those who became current in September were able to complete the process. Plus, the FOs understand the time constraints associated with AOS, so they typically do their best to get late cases approved before the end of the FY. You should spend some time going through the last couple of pages of AOS threads in this forum to read of such cases.

3. One would need an approved AP card to return to the US in order for their AOS petition to not be considered abandoned and subsequently denied should there be a need to travel while the AOS petition is pending. You really need to re-read the AOS process spreadsheet by the way - all these issues have been addressed there.

Awesome, thank you! I'll make sure to read everything again in detail.
So I should be able to stay in the US on my OPT status until I get the Green Card or if I end up not getting the Green Card for timing reasons, I could still stay the whole 12 months on OPT? Does the immigration intent have an impact on traveling on OPT though?

 

[Nizi Muk]

A future job offer for when he’s eligible to work? Is it a genuine job offer? It’s rather unusual this employer is willing to wait until whenever he’s eligible to work.

You can take your chance with that if that’s your only option I suppose and keep your fingers crossed while hoping your IO will consider it.

Yes it's genuine offer and the employer is willing to wait.
But since you think filling I-134 is better, one of my friend(Green card holder) is willing to fill the I-134 for us. Hope that will be the best option.
Thanks a lot, really appreciate the help

 

[Sm1smom]

Awesome, thank you! I'll make sure to read everything again in detail.
So I should be able to stay in the US on my OPT status until I get the Green Card or if I end up not getting the Green Card for timing reasons, I could still stay the whole 12 months on OPT? Does the immigration intent have an impact on traveling on OPT though?

1. Yes
2. Traveling under which situation? While AOS petition is pending or following AOS denial?

p.s. number your questions (in the same post) to make answering and referencing easier.

 

[Feli94]

1. Yes
2. Traveling under which situation? While AOS petition is pending or following AOS denial?

p.s. number your questions (in the same post) to make answering and referencing easier.

This makes my situation so much easier, I'm very thankful for this forum and your expertise @Sm1smom!
Regarding my traveling questions: Let's say I stick with CP (which I think I'll do) and the current backlog situation results in me never being scheduled for a GC interview so that I'll stay in the US on F1 and want to travel home for Christmas - would the fact that I submitted a DS260 in the past lead to problems reentering the country on the F1?

 

[Britsimon]

1. I wouldn’t have said so if I wasn’t sure. You’re not the first person in this situation nor will you be the last. Yes DS260 is an application for an IV, OPT request is NOT a petition for a NIV (you’re not petitioning for a “visa”) - you petition for a NIV outside of the US. OPT petition is a work request based on being a student with a F1 status.

2. No one ever said AOS was faster or of equivalent processing time as CP - longer processing time is the main disadvantage of AOS. It has other advantages for someone already in the US compared to CP. You should have come across the section about early filing on the spreadsheet - that is how those who became current in September were able to complete the process. Plus, the FOs understand the time constraints associated with AOS, so they typically do their best to get late cases approved before the end of the FY. You should spend some time going through the last couple of pages of AOS threads in this forum to read of such cases.

3. One would need an approved AP card to return to the US in order for their AOS petition to not be considered abandoned and subsequently denied should there be a need to travel while the AOS petition is pending. You really need to re-read the AOS process spreadsheet by the way - all these issues have been addressed there.

One thing about timelines. KCC have implemented the new document procedure with the intention (most likely) of improving processing and reducing no shows. However, at the moment, it has caused backlogs and confusion, and means there are TWO things that have to happen before a case can be scheduled for CP. So - people at the moment might find AOS is more preferable than before, because CP is not a slam dunk, and not the predictable timeline we had in the past few years. So - people need to make that call now, or very early May. AOS (with early filing) might be a comparable timeline to CP.

 

[Sm1smom]

This makes my situation so much easier, I'm very thankful for this forum and your expertise @Sm1smom!
Regarding my traveling questions: Let's say I stick with CP (which I think I'll do) and the current backlog situation results in me never being scheduled for a GC interview so that I'll stay in the US on F1 and want to travel home for Christmas - would the fact that I submitted a DS260 in the past lead to problems reentering the country on the F1?

If you’ll need to apply for a new NIV (assuming your current visa (stamp in your passport) has expired), you most likely will not be issued with a new NIV by the embassy to enable your return to the US because of your demonstrated immigrant intent. If your current visa is still valid, you should be able to re-enter the US following a trip abroad, we’ve had reports of selectees who left the US after DS260 form submission and had no problem re-entering the US with their NIV.

However, be aware of the fact that only a USC is ever guaranteed re-admission into the US. A valid visa, regardless of if the holder has ever demonstrated an immigrant intent or not in the past, does not guarantee an admission or a re-admission into the country - it is always at the discretion of the CBP IO.

 

[Sm1smom]

One thing about timelines. KCC have implemented the new document procedure with the intention (most likely) of improving processing and reducing no shows. However, at the moment, it has caused backlogs and confusion, and means there are TWO things that have to happen before a case can be scheduled for CP. So - people at the moment might find AOS is more preferable than before, because CP is not a slam dunk, and not the predictable timeline we had in the past few years. So - people need to make that call now, or very early May. AOS (with early filing) might be a comparable timeline to CP.

Yup! True dat!

 

[Feli94]

If you’ll need to apply for a new NIV (assuming your current visa (stamp in your passport) has expired), you most likely will not be issued with a new NIV by the embassy to enable your return to the US because of your demonstrated immigrant intent. If your current visa is still valid, you should be able to re-enter the US following a trip abroad, we’ve had reports of selectees who left the US after DS260 form submission and had no problem re-entering the US with their NIV.

However, be aware of the fact that only a USC is ever guaranteed re-admission into the US. A valid visa, regardless of if the holder has ever demonstrated an immigrant intent or not in the past, does not guarantee an admission or a re-admission into the country - it is always at the discretion of the CBP IO.

Thanks! I just came across this post by you from the DV2015 AOS thread where a student asked about filing DS260 while waiting on the OPT approval and you said the following:

"If you want to do AOS, a couple of things you should be aware of:
You must be in status and remain in status by the time of your interview. That means you should't declare an immigrant intent now by submitting your DS-260 while awaiting OPT approval. Following that, there's the 30-60-90 days rule (preconcieved immigrant intent) which really shouldn't apply to you, but if I was in your shoes, I would at least wait an additional 30 days following OPT approval before filing the DS-260 form, and proceeding with the AOS filing. So basically that is saying you may need to wait till October before taking any step at all which further pushes down when you're likely to get your GC since the AOS process takes a bit longer.

On the other hand, if you cosider going CP, you may just want to wait for your OPT approval (or not, your call) following which you immediately send in your DS-260 form - preconcieved immigrant intent is not taken into consideration for CP - and wait for KCC to schedule your interview which could be anywhere between Nov and Dec 2014."

I'm wondering why this advice doesn't apply to my case? Thanks.

 

[Nichk]

There’s no guarantee going for an INFOPASS to request them to get your KCC will help. The front desk IO you’ll meet at the INFOPASS is most likely not the IO in charge of your case file, which means they wouldn’t know what a KCC file is. A large number of the IOs do not understand DV based AOS petition process because they’ve never adjudicated such a case before.

Thank you so much, Mom and DaDipps,

Since the chance that you will see your IO again might be slim. And a lot of FOs do not accept walk-ins/INFOPASS now.
It might be a good idea for folks who are fortunate enough to get an IL to clarify with your IO at the end of your interview (if he/she didn't tell you that your case is approved on the spot).
1.If your name/background check is cleared.
2.If the IO has requested and received your file from KCC. (Your IO might not even know they have to do this.)
3.What would be the next steps/what is the IO still waiting for?
Just some thoughts. It might not hurt to ask these questions right?
These are the things I still regret I should have asked.

Also the more I read about the check status online system of USCIS on the internet, there's a lot of inconsistencies.
Some people reported that they already received their GCs, but their status on the system never gets updated.
Hopefully my situation is similar to those cases.

 

[Sm1smom]

Thanks! I just came across this post by you from the DV2015 AOS thread where a student asked about filing DS260 while waiting on the OPT approval and you said the following:

"If you want to do AOS, a couple of things you should be aware of:
You must be in status and remain in status by the time of your interview. That means you should't declare an immigrant intent now by submitting your DS-260 while awaiting OPT approval. Following that, there's the 30-60-90 days rule (preconcieved immigrant intent) which really shouldn't apply to you, but if I was in your shoes, I would at least wait an additional 30 days following OPT approval before filing the DS-260 form, and proceeding with the AOS filing. So basically that is saying you may need to wait till October before taking any step at all which further pushes down when you're likely to get your GC since the AOS process takes a bit longer.

On the other hand, if you cosider going CP, you may just want to wait for your OPT approval (or not, your call) following which you immediately send in your DS-260 form - preconcieved immigrant intent is not taken into consideration for CP - and wait for KCC to schedule your interview which could be anywhere between Nov and Dec 2014."

I'm wondering why this advice doesn't apply to my case? Thanks.

I would have preferred you link to the actual post in order for me to review the context in which this response was made.

Nonetheless, outside of the 30/60/90 day rule which is no longer applicable (it is strictly 90 day wait now), help me understand how or where I've said this advice doesn't apply in your case? This post is 4 years old for goodness sake! You don't think it's possible the wording of my "new" advice is based on the experience of others in similar position between that period (2015) and now (2019)? And I suppose you didn't come across other posts of mine between then and now (to other selectees) confirming DS260 form submission will not lead to denial of a pending OPT petition like this one:

Yes DS260 submission signifies an immigrant intent. It however will not lead to an OPT denial since technically speaking you're not applying for a new status. OPT is still technically F1.

- DV2018 Thread

Did you see this post where I out-rightly told someone to submit the DS260 after applying for OPT - and NOT after OPT approval because I was certain DS260 form submission will not impact OPT approval?:

Yes DS260 submission signifies an immigrant intent. It however will not lead to an OPT denial since technically speaking you're not applying for a new status. OPT is still technically F1.

The response to your question 3 was already provided in my first response hence the "see 1 above" comment in my previous post.
Yes, you can apply for OPT. As a matter of fact it is highly recommended you apply for OPT before applying for AOS. If you haven't already submitted your DS260, I recommend you wait until after applying for OPT before submitting the DS form.

- back in 2017

https://forums.immigration.com/threads/dv-2018-aos-only.336256/post-2465132 - also 2017

I referenced these posts (and there's a lot more from that 2015 post and today) to point out the fact that there's been a progression in thoughts and experience since then.

Anyway, feel free to ignore my initial post telling encouraging you to submit your DS260 form while your OPT petition is pending - forget I wrote such a response to your query.

 

[Nizi Muk]

Hi Mom,
The DV administrative fee form from the KCC email has only "Applicant's Name" but the form in web site has "Selectee Surname" and "Selectee Given Name" which one is better to use ?
Regards,

 

[Sm1smom]

Hi Mom,
The DV administrative fee form from the KCC email has only "Applicant's Name" but the form in web site has "Selectee Surname" and "Selectee Given Name" which one is better to use ?
Regards,

Makes no difference, please use your discretion.

 

[damo1089]

You can take your chance with that if that’s your only option I suppose and keep your fingers crossed while hoping your IO will consider it.

Is it a violation of a non work visa to even seek work? Should she be careful with that? I know in Australia if you come in with job interviews and stuff lined up, without a correct visa, you can get turned around pretty quickly.

 

[Feli94]

I would have preferred you link to the actual post in order for me to review the context in which this response was made.

Nonetheless, outside of the 30/60/90 day rule which is no longer applicable (it is strictly 90 day wait now), help me understand how or where I've said this advice doesn't apply in your case? This post is 4 years old for goodness sake! You don't think it's possible the wording of my "new" advice is based on the experience of others in similar position between that period (2015) and now (2019)? And I suppose you didn't come across other posts of mine between then and now (to other selectees) confirming DS260 form submission will not lead to denial of a pending OPT petition like this one:

- DV2018 Thread

Did you see this post where I out-rightly told someone to submit the DS260 after applying for OPT - and NOT after OPT approval because I was certain DS260 form submission will not impact OPT approval?:



- back in 2017

- also 2017

I referenced these posts (and there's a lot more from that 2015 post and today) to point out the fact that there's been a progression in thoughts and experience since then.

Anyway, feel free to ignore my initial post telling encouraging you to submit your DS260 form while your OPT petition is pending - forget I wrote such a response to your query.

Thank you! Sorry, it wouldn't let me link to it, I always got a spam notification when I tried.
Okay, that's what I thought that probably experience has changed your view on this over time but since I hadn't found a post by someone who actually wrote about their experience of OPT being approved after submitting DS260, I wanted to run this by you one more time for clarification. It's just a better feeling to have an overview of the process and understanding the reasons behind things. Thank you for referencing all these old posts, this is very helpful for me! I really appreciate all the detailed answers regarding my particular case.

 

[Sm1smom]

Is it a violation of a non work visa to even seek work? Should she be careful with that? I know in Australia if you come in with job interviews and stuff lined up, without a correct visa, you can get turned around pretty quickly.

Technically speaking, it is not. Several people have successfully gone through a COS (Change of Status) from a no work allowed status to an employment based status.

However, if I was in her shoes, I wouldn’t do what she’s considering as I don’t want the IO to entertain the tiniest thought about the possibility of me already working and subsequently delay an approval I might have received at the end of the interview or shortly after that, because they want to initiate another round of background check to rule out the possibility I might have violated my current status with unauthorized employment.