DV 2019 AOS Only

I think the option #1 makes the most sense. I’ll work on getting the documents in the mean time. Thanks for the suggestion Mom!
Just curious, did you travel out of the US every year? My school didn't issue a new I-20 unless I was planning on traveling internationally or changing my major, so I don't have a separate I-20 for freshman, sophomore, junior, and senior year.
 
I have a question on travel on L1: I will have to travel abroad around 2 days a week for work and possibly stay full work weeks here and there.
My AOS is filed, I received the 797 and I am waiting for the biometrics appointment letter.

Do you have any advice or experience with people who were travelling frequently ?
Is there an unofficial threshold of travelling that would deny me a permanent residency?
 
I have a question on travel on L1: I will have to travel abroad around 2 days a week for work and possibly stay full work weeks here and there.
My AOS is filed, I received the 797 and I am waiting for the biometrics appointment letter.

Do you have any advice or experience with people who were travelling frequently ?
Is there an unofficial threshold of travelling that would deny me a permanent residency?
You can't travel while your AOS is pending without an advance parole, otherwise your application will be considered denied.
 
Just curious, did you travel out of the US every year? My school didn't issue a new I-20 unless I was planning on traveling internationally or changing my major, so I don't have a separate I-20 for freshman, sophomore, junior, and senior year.
Hey vladoo,
Yeah I traveled back home once every year, I guess that's why I had a separate I-20 every year for each of my re-entries into the U.S.
 
I have a question on travel on L1: I will have to travel abroad around 2 days a week for work and possibly stay full work weeks here and there.
My AOS is filed, I received the 797 and I am waiting for the biometrics appointment letter.

Do you have any advice or experience with people who were travelling frequently ?
Is there an unofficial threshold of travelling that would deny me a permanent residency?
It is not true for resident under dual intent visa - for both lawful resident and immigrant intent - allow travel for short period of time without denying a pending AOS.

My questions remain:
Do you have any advice or experience with people who were travelling frequently ?
Is there an unofficial/official threshold of travelling that would deny me a permanent residency?
 
Good morning, @Sm1smom
I think I have seen you mentioned something about the Technology Alert List (TAL).
From your experience, how relevant is this to background check for STEM PhD students who are DV-based AOSers?
Thank you very much!

For some reason, I cannot copy and past the link directly into the post. Could anyone please advise how to do that?
Anyway, the info below is from Carnegie Mellon University website. Just google "Technology Alert List".

Due to heightened concern for national security, international faculty, scholars, and students seeking US visas face visa delays/security clearance checks for many reasons:
  • Because someone’s name (or part of a name) may be on a US government watch list
  • Due to citizenship or residence in a country designated as a “state sponsor of terrorism” (Cuba, Iran, Sudan, Syria);
  • Due to concerns about technology transfer—particularly for citizens from countries considered to possess nuclear capability (China, India, Israel, Pakistan, and Russia); or
  • When the individual will be engaged in activities designated on or related to the Sensitive/Critical Fields List* (or Technology Alert List – TAL)
    While some clearances can be processed quickly, visa applicants may often encounter lengthy delays for clearances related to the (TAL). The purpose of these security checks are to protect national security by preventing the export of "goods, technology, or sensitive information" through activities such as "graduate-level studies, teaching, conducting research, participating in exchange programs, receiving training or employment, or engaging in commercial transactions”, and to protect the US from visitors who may wish to cause harm.
    Regarding the TAL, when a student or scholar applies for a visa, the Consular Official must make a decision about whether the research area fits within one of the sensitive/critical fields listed in the TAL. If the Consular Official is unsure about whether the research area fits into the category or has concerns, he/she may send the visa application to the Department of State (DoS) in Washington D.C. for advisory assistance. Foreign nationals may be denied a visa if their proposed activity is subject to US technology transfer laws. General TAL information can be found on the DoS website.
 

Sm1smom

Super Moderator
Good morning, @Sm1smom
I think I have seen you mentioned something about the Technology Alert List (TAL).
From your experience, how relevant is this to background check for STEM PhD students who are DV-based AOSers?
Thank you very much!

For some reason, I cannot copy and past the link directly into the post. Could anyone please advise how to do that?
Anyway, the info below is from Carnegie Mellon University website. Just google "Technology Alert List".

Due to heightened concern for national security, international faculty, scholars, and students seeking US visas face visa delays/security clearance checks for many reasons:
  • Because someone’s name (or part of a name) may be on a US government watch list
  • Due to citizenship or residence in a country designated as a “state sponsor of terrorism” (Cuba, Iran, Sudan, Syria);
  • Due to concerns about technology transfer—particularly for citizens from countries considered to possess nuclear capability (China, India, Israel, Pakistan, and Russia); or
  • When the individual will be engaged in activities designated on or related to the Sensitive/Critical Fields List* (or Technology Alert List – TAL)
    While some clearances can be processed quickly, visa applicants may often encounter lengthy delays for clearances related to the (TAL). The purpose of these security checks are to protect national security by preventing the export of "goods, technology, or sensitive information" through activities such as "graduate-level studies, teaching, conducting research, participating in exchange programs, receiving training or employment, or engaging in commercial transactions”, and to protect the US from visitors who may wish to cause harm.
    Regarding the TAL, when a student or scholar applies for a visa, the Consular Official must make a decision about whether the research area fits within one of the sensitive/critical fields listed in the TAL. If the Consular Official is unsure about whether the research area fits into the category or has concerns, he/she may send the visa application to the Department of State (DoS) in Washington D.C. for advisory assistance. Foreign nationals may be denied a visa if their proposed activity is subject to US technology transfer laws. General TAL information can be found on the DoS website.
You’re unable to post links (for now) because your account is fairly new - a measure put in place to help reduce spamming on the platform. When the system is able to determine you’re not a spammer, it will let you post links.

Having a degree that falls under the TAL category or studying such a degree has been known to lead to prolonged background check clearance for AOSers.
 
Hi Guys,

I received the bio letter yesterday. I am planning to stop by tomorrow if they can accept me. (LIC, NY)
Is there any specific time when the acceptence chance is greater ? Should I tell them something like we will be out of town on the date they gave us or just tell that this DV and time sensitive?
Any advice would be greatly appreciated.
Thankd
 
Hi Guys,

I received the bio letter yesterday. I am planning to stop by tomorrow if they can accept me. (LIC, NY)
Is there any specific time when the acceptence chance is greater ? Should I tell them something like we will be out of town on the date they gave us or just tell that this DV and time sensitive?
Any advice would be greatly appreciated.
Thankd
Hi Tommasi80,
I did my bio earlier than the scheduled date. They didn't ask anything.
Each ASC might be different. Try to show up early morning when there are less people maybe.
 
Hi Guys,

I received the bio letter yesterday. I am planning to stop by tomorrow if they can accept me. (LIC, NY)
Is there any specific time when the acceptence chance is greater ? Should I tell them something like we will be out of town on the date they gave us or just tell that this DV and time sensitive?
Any advice would be greatly appreciated.
Thankd
I did my bio in LIC and was in and out for half hour. walk in was initially rejected, but keep insisting that the case was dv case and time-sensitive. I went there around 12.
 
It is not true for resident under dual intent visa - for both lawful resident and immigrant intent - allow travel for short period of time without denying a pending AOS.

My questions remain:
Do you have any advice or experience with people who were travelling frequently ?
Is there an unofficial/official threshold of travelling that would deny me a permanent residency?
Did you get any answer regarding this ?
To be honest I postponed all my extra-US travel to after I get my GC. I would not know for travel related though.
 
Did you get any answer regarding this ?
To be honest I postponed all my extra-US travel to after I get my GC. I would not know for travel related though.
I should probably post that on another forum since this is not specific to DV 2019 AOS.
I can give you raw answers from my company's lawyers, answers are usually pretty concise:

1) Travel with L-1 and AOS pending:
You are correct that the L-1 visa is dual intent and therefore you may travel while the AOS is pending without abandoning the AOS.

2) Then I asked why they always file the AP/EAD early in the process with the I-485 even if you have 2y left on your visa - lawyers confirmed that you can file them separately later - knowing that AP/EAD is valid only for 1y and processing time is around 4-6m receive as of now - i.e. 4-6m without travel else AP gets denied automatically - and knowing that current processing time in my specific case for employment based AOS (with I-140) for I-485 is more than 1.5y:
The L-1 visa category is subject to a very high level of scrutiny under the current administration. Request for Evidence and Denial rates have increased dramatically.
We recommend securing the EAD/AP and renewing it until the green card is issued as a security measure.
Furthermore, the EAD/AP provide protection in the event of a change in your employment.
 

Sm1smom

Super Moderator
It is not true for resident under dual intent visa - for both lawful resident and immigrant intent - allow travel for short period of time without denying a pending AOS.

My questions remain:
Do you have any advice or experience with people who were travelling frequently ?
Is there an unofficial/official threshold of travelling that would deny me a permanent residency?
1. Yes I know of AOSers with frequent travel history while AOS petition is pending.
2. The only instance will be traveling without an approved AP while AOS petition is pending if the petitioner is not currently on a dual intent status.
Other instance where traveling (frequent or not) and regardless of current status may lead to a denial depends on travel destinations and/or purpose of travel.
 
1. Yes I know of AOSers with frequent travel history while AOS petition is pending.
2. The only instance will be traveling without an approved AP while AOS petition is pending if the petitioner is not currently on a dual intent status.
Other instance where traveling (frequent or not) and regardless of current status may lead to a denial depends on travel destinations and/or purpose of travel.
Thanks a lot!
Also checked with a couple of colleagues on L1 with the employment-based I-485 pending and approved AP: they still reenter using their L1 - if still valid of course - instead of using their AP when travelling outside the US.
 
Thanks a lot!
Also checked with a couple of colleagues on L1 with the employment-based I-485 pending and approved AP: they still reenter using their L1 - if still valid of course - instead of using their AP when travelling outside the US.
I had a feeling the dual intent of the L1 would get you out of trouble.

I see you have yet to receive your BIO letter.
Will you try to walk in early ?
Is your field office in downtown manhattan ? (@Tommasi80 went to Long Island city...)
 
I had a feeling the dual intent of the L1 would get you out of trouble.

I see you have yet to receive your BIO letter.
Will you try to walk in early ?
Is your field office in downtown manhattan ? (@Tommasi80 went to Long Island city...)
USPS Informed Delivery tells me that there is a USCIS / National Benefits Center letter to be delivered to my mailbox today.
I'll update the spreadsheet tonight if it is the bio appointment and if so, where I should go.
I guess we might have a appointment at a different place depending on where we live in the five boroughs.
 
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