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DV 2019 AOS Only

Having wrote to KCC about my 2NL and payment form, I received their general, not relevant to my question response that they cannot unlock my DS-260. I'm worrying not so much about not receiving 2NL, but that KCC may not inform USCIS about our decision to apply for AOS. 4) Is it possible that KCC will not inform USCIS about our case? 5) May it slow down or jeopardize our case somehow?
Thank you!
 
Amandaa said:
Dear Mom,
My name is Olga. I'd appreciate your opinion and advice on how to be.

Below is our situation:
May, 15th, 2018 - approximately 11 p.m., we found out that my husband had been selected. Case number is 2019EU000086xx. I believe our case will become current in November
May, 16th, 2018 (the very next day) - we had an interview in American Embassy in Ukraine, where my husband has got his L1 visa, and I've got L-2. We didn't tell the Immigration Officer about our winning, because she didn't ask about it and we were afraid that our L-visa might be denied, while we had some obligation to my husband's supervisor and company.
June, 16th, 2018 - we arrived in the USA
July, 13d, 2018 - we submitted DS-260 choosing Adjustment of Status. We weren't aware of the necessity to wait for at least 30-60 days before doing it, and submitted it in only 27 days.

Also we still didn't receive our 2NL despite the fact that we had written them about it.

So our questions are:
1) Can our situation come across as the preconceived intent?
2) What exact date is considered by USCIS as "time of winning"? Is this the date when the results have been published? or may it be the date when you actually logged in the system and found out your results?
3) Can USCIS IO know for sure the exact day when someone found out his or her results?

p.s. I'm very sorry if you've already answered some of my questions. I did learn your DV-AOS Excel Spreadsheet, but I still very slow in reading and learning the whole 2018-topic. Passed only 25 pages out of 212.

Thank you!
Click to expand...
1. A L visa is a dual intent visa, so having an immigrant intent while processing a L visa is not an issue.
2. It’s the date you found out, but it’s irrelevant here because of 1 above.
3. One is always expected to answer all questions asked truthfully during immigration process, so they’ll “know for sure the exact date you found out” because the assumption in you’re under an oath and will therefore answer all questions asked truthfully.
 
Amandaa said:
Having wrote to KCC about my 2NL and payment form, I received their general, not relevant to my question response that they cannot unlock my DS-260. I'm worrying not so much about not receiving 2NL, but that KCC may not inform USCIS about our decision to apply for AOS. 4) Is it possible that KCC will not inform USCIS about our case? 5) May it slow down or jeopardize our case somehow?
Thank you!
Click to expand...

You should stop worrying needlessly and spend your time in making sure you understand the process and are better prepared. I suggest you review and familiarize yourself with the AOS process spreadsheet which is linked to the first post on page one of this thread.
 
Hello Mom, Checking on October Bulletin 2750 is a cutoff for AFRICA lowest cutoff ever!!! Minimum was 6000 for other years most of them were 8000 CN. What implication might this have,whats the meaning of this?
 
Hello Mom,
My case number is around 12** and I am from Nepal. I think my case will be current in December. I already filled up my DS 260 but now I am thinking of doing CP.
My questions are:
1. Is it too late to transfer from AOS to CP?
2. When will they start sending interview letter to those people whose case number will be current in December?
2. Will it affect my chance of getting GreenCard?
 
J2nyi said:
Hello Mom, Checking on October Bulletin 2750 is a cutoff for AFRICA lowest cutoff ever!!! Minimum was 6000 for other years most of them were 8000 CN. What implication might this have,whats the meaning of this?
Click to expand...

I don’t analyze VB cut off number so I’m unable to answer your questions.
 
Winner19 said:
Hello Mom,
My case number is around 12** and I am from Nepal. I think my case will be current in December. I already filled up my DS 260 but now I am thinking of doing CP.
My questions are:
1. Is it too late to transfer from AOS to CP?
2. When will they start sending interview letter to those people whose case number will be current in December?
2. Will it affect my chance of getting GreenCard?
Click to expand...

1. No
2. For CP, IL gets sent 6 - 8 weeks before the current month for those who submitted their DS260 form early enough for KCC to have finished processing them. For CNs current in Dec, that should be Oct/Nov.
3. Switching to CP shouldn’t affect your chance of getting a GC, however you’re unlikely to be scheduled for a Dec interview if your CN becomes current in Dec as KCC will need enough time to finish processing your form before scheduling your interview.
 
Sm1smom said:
All you need to focus on is the DV section of the VB, the process already allows for early filing. Final action dates and all the other stuff related to all the other types of AOS petitions are not applicable to a DV based petition which is already highly fast tracked by the way.
Click to expand...
Alright. Thanks Mom!
 
Hi,

I was lucky to get selected with number AS45**. I am a student with F-1 status and about to graduate in May 2019. I think my case will be current in April and I can file AOS in Feb. I will be under F1 status when I file I-485 but I wont be on F1 for the interview (because of graduation in May). I have some questions regarding my case:

1- I am allowed to apply for OPT up to 3 months before graduation. What would happen to my OPT application if I apply for AOS as well (both in Feb)?
2- Assuming the answer to question 1 would be "OPT is going to be rejected",
is it OK to do AOS while having F1 status on the very day that I file but not holding F1 on the day of the interview? (since my OPT might not get approved)
3- Based on your previous experience, does the process of AOS take longer for people from middle east? how long?

Also, I appreciate your effort for updating the excel file and just wanted to suggest to add a column for the country of origin as well.

Thanks
 
max19 said:
Hi,

I was lucky to get selected with number AS45**. I am a student with F-1 status and about to graduate in May 2019. I think my case will be current in April and I can file AOS in Feb. I will be under F1 status when I file I-485 but I wont be on F1 for the interview (because of graduation in May). I have some questions regarding my case:

1- I am allowed to apply for OPT up to 3 months before graduation. What would happen to my OPT application if I apply for AOS as well (both in Feb)?
2- Assuming the answer to question 1 would be "OPT is going to be rejected",
is it OK to do AOS while having F1 status on the very day that I file but not holding F1 on the day of the interview? (since my OPT might not get approved)
3- Based on your previous experience, does the process of AOS take longer for people from middle east? how long?

Also, I appreciate your effort for updating the excel file and just wanted to suggest to add a column for the country of origin as well.

Thanks
Click to expand...

1a. Ask your school regarding how early you can apply for OPT, that is not AOS process related so I will provide guidance on that.
1b. OPT should be approved, however you having that as a fall back status should in case your AOS petition gets denied depends on which petition is officially first received by USCIS. If the AOS petition is officially received first, you will not have a valid status to fall back on if the petition gets denied for some reason.

2. See 1 above.

3. That’s a generalized question - be specific with the chargeability country.
 
Thanks for the quick response.
I had already looked at my school's rules. It is up to 3 months before graduation.
changeability country is Iran.
Please let me rephrase my question (let's forget about OPT), is it OK to be legally in USA when you file I-485 (for instance, F1) and not holding F1 status (due to graduation) for the interview? (is it possible that my case get denied due to not having F1 at the time of interview)?

Thanks
 
max19 said:
Thanks for the quick response.
I had already looked at my school's rules. It is up to 3 months before graduation.
changeability country is Iran.
Please let me rephrase my question (let's forget about OPT), is it OK to be legally in USA when you file I-485 (for instance, F1) and not holding F1 status (due to graduation) for the interview? (is it possible that my case get denied due to not having F1 at the time of interview)?

Thanks
Click to expand...

You can expect a prolonged process - pending background check - of up to 4 to 6 months if you’re chargeable to Iran.

No your petition will not be denied on the basis of not having an actual status at the time of your interview as long as you had a valid legal status at the time USCIS accepted your AOS package.
 
Hi! Quick question. My lawyers would like to apply for I-131 and I-765 along with my I-485. Now, since the DV processing is rather a quick process compared, do you feel that it is really necessary to apply for Advanced Parole and EAD? Considering processing times it almost feels like I will most likely get my GC (if approved) before the 131 and 765 gets processed...
 
DaDipps said:
Hi! Quick question. My lawyers would like to apply for I-131 and I-765 along with my I-485. Now, since the DV processing is rather a quick process compared, do you feel that it is really necessary to apply for Advanced Parole and EAD? Considering processing times it almost feels like I will most likely get my GC (if approved) before the 131 and 765 gets processed...
Click to expand...

You understand the process better than your lawyers which makes me wonder why you’re using these lawyers considering what you already know.
 
Hi Mom,

Thank you for your time and all your answers here. Could you help me, too, please.
I'm currently in the US in H1B status. My authorization end date was in 2020 and I was ready to go with AOS and USCIS.

My employer tansferred me to a new contract to another city. Due to this process an H1B amendment was made. And based on the contract dates USCIS authorized my work with this client until July, 2019. Hopefully closer to this date my Employer will make a new Amendment to H1B. But as I understand correctly my current H1B status ends in July, 2019.

My number is 6xxx. It has a good chance to be current in December 2018. So in the middle of October I can send I-485 to USCIS (early filing).

1) Am I safe going with USCIS? It looks like the chances of having the interview before July, 2019, are good enough.

2) If the administrative processing (name check) would take longer time (I'm from former USSR), is it ok if I would be already in another city (other than local USCIS office where I am going to apply and have the interview) at the moment of name check finishes?

3) If for some reason my employer wouldn't continue my H1B status after July, 2019, and I would still be waiting the decision after the USCIS interview, is it ok? Or I should be in the eligible status during all DV Lottery GC process? Or it's possible to be something like "in the process of adjustment of status" status?

4) If I will be in the process of adjustment of status and my employer will begin H1B Amendment again to continue my H1B status somewhere before July, 2019, then is it fine? I mean are these processes independent?

5) if I'm tired of guessing and decide to go with straight forwad CP, then am I correct making this:
Write to KCC to unlock DS-260.
After unlocked change from USCIS to the Consulate of my former home country.
Change Present address to my former home country address, just to let the interview take place in the this Consulate, right? Or don't touch it and let the US address be there?
And other information (current US employer, etc.) is intact, right? Ah, what to do with the dates and history of living?
 
Lnpsv said:
Hi Mom,

Thank you for your time and all your answers here. Could you help me, too, please.
I'm currently in the US in H1B status. My authorization end date was in 2020 and I was ready to go with AOS and USCIS.

My employer tansferred me to a new contract to another city. Due to this process an H1B amendment was made. And based on the contract dates USCIS authorized my work with this client until July, 2019. Hopefully closer to this date my Employer will make a new Amendment to H1B. But as I understand correctly my current H1B status ends in July, 2019.

My number is 6xxx. It has a good chance to be current in December 2018. So in the middle of October I can send I-485 to USCIS (early filing).

1) Am I safe going with USCIS? It looks like the chances of having the interview before July, 2019, are good enough.

2) If the administrative processing (name check) would take longer time (I'm from former USSR), is it ok if I would be already in another city (other than local USCIS office where I am going to apply and have the interview) at the moment of name check finishes?

3) If for some reason my employer wouldn't continue my H1B status after July, 2019, and I would still be waiting the decision after the USCIS interview, is it ok? Or I should be in the eligible status during all DV Lottery GC process? Or it's possible to be something like "in the process of adjustment of status" status?

4) If I will be in the process of adjustment of status and my employer will begin H1B Amendment again to continue my H1B status somewhere before July, 2019, then is it fine? I mean are these processes independent?

5) if I'm tired of guessing and decide to go with straight forwad CP, then am I correct making this:
Write to KCC to unlock DS-260.
After unlocked change from USCIS to the Consulate of my former home country.
Change Present address to my former home country address, just to let the interview take place in the this Consulate, right? Or don't touch it and let the US address be there?
And other information (current US employer, etc.) is intact, right? Ah, what to do with the dates and history of living?
Click to expand...

1. I’m not in a position to say or know if someone is or not. Your FO’s workload and your background check determines when you complete the process.

2. If you’re residential address changes and falls under a different FO while your AOS petition is pending, that is likely to add additional time to your processing as your case file will need to be transferred to the new FO with jurisdiction over your new home address.

3. Your status will become Adjustment Pending, which is okay. Only thing to be aware of is the fact that you will have no fall back status in that situation if your AOS petition gets denied for any reason.

4. These are two independent process, fortunately for you though H1B is a dual intent status so there shouldn’t be an issue to continue with it if AOS fails.

5. Email KCC to unlock your form, update the home address, send a follow up email to KCC letting them know you’re switching from AOS to CP.
 
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