DV 2019 AOS Only

[marcordin1]

Hello,

My husband was selected in May but we only submitted our DS-260 form at the end of August this year. We were wondering if there is a way to find out the order number assigned for our family. Is it 100% true that the applications are revised in the submitted order?
Any information can help.

Thank you and kind regards,
Corina

 

[Sm1smom]

Hello,

My husband was selected in May but we only submitted our DS-260 form at the end of August this year. We were wondering if there is a way to find out the order number assigned for our family. Is it 100% true that the applications are revised in the submitted order?
Any information can help.

Thank you and kind regards,
Corina

No new number gets assigned following the DS260 submission. Your husband’s CN remains the same.

By the way, are you guys currently in the US and planning on processing AOS?

 

[jimy ny]

Hello all,

im gonna do medical examination. i realized, in i693 form has been mentioned "do not sign or date i693 form until instructed by civil surgeon to do so".
Honestly i was confused. i wanna set an appointment with a doctor for related stuff. should i fill out the form through my PC or i should print it out and bring it with myself to doctor's office to fill it out over there? If i should print it out, is this acceptable to fill the form out handy?

Thank you all for your lovely help, especially mom.

 

[Sm1smom]

Hello all,

im gonna do medical examination. i realized, in i693 form has been mentioned "do not sign or date i693 form until instructed by civil surgeon to do so".
Honestly i was confused. i wanna set an appointment with a doctor for related stuff. should i fill out the form through my PC or i should print it out and bring it with myself to doctor's office to fill it out over there? If i should print it out, is this acceptable to fill the form out handy?

Thank you all for your lovely help, especially mom.

You can fill out the the form online before printing it, or print it out and hand fill it - makes no difference. Just don’t date and sign the form until they tell you to do so at the doctor’s office.

 

[nanada]

Hi Mom,
Thank you for being so helpful!
About 10 days ago, we sent a cashier's check and a self-addressed, stamped envelope to the State Department with the details of our DV case, as payment for the processing fee of our request.
Today we received in the mail our envelope: in it was the same sheet of paper we have enclosed with the details of our case, stamped with a stamp that said 'paid' (please see attachment).
Is this the receipt for payment we need to send with our I-485?
do we need anything else as receipt?
Thank you!

 

[Sm1smom]

Hi Mom,
Thank you for being so helpful!
About 10 days ago, we sent a cashier's check and a self-addressed, stamped envelope to the State Department with the details of our DV case, as payment for the processing fee of our request.
Today we received in the mail our envelope: in it was the same sheet of paper we have enclosed with the details of our case, stamped with a stamp that said 'paid' (please see attachment).
Is this the receipt for payment we need to send with our I-485?
do we need anything else as receipt?
Thank you!

Yes.
No.

 

[PhilR]

I am currently on the E-3 visa, with a number of OC3XX. I predict my CN will be current come December or January (OC200 is current in Nov). I am planning on taking an unpaid vacation during November due to personal reasons (not medical). I have read that this is a grey area for the E3 visa but it should be fine.

My question is since with the AOS package it is required to send the last 3 payslips, would this cause them confusion and hurt my chances if they see a bit of a gap in my payslips?

If my CN becomes current in December, that means I can send in my AOS package at the start of November and it won't be missing any payslips (my last payslip before my unpaid vacation will be at the end of October). However, if the CN becomes current in January, the payslips I send it with my AOS package will be missing November payslips.

Will they ask about my payslips at the interview? Will I have to bring documentation to justify my unpaid vacation or will they not know about it unless I bring it up?

Thanks in advance.

 

[Lnpsv]

We made the medical examination. We made the blood test and the urine test and were told to wait for the phone call to come and get the envelopes.
Dear Mom, can your advise what should we check when we would receive these papers back from the doctor's office please.
P.S. Thank you for the answer about the receipt. I was almost ready to write the same question

 

[damo1089]

I am currently on the E-3 visa, with a number of OC3XX. I predict my CN will be current come December or January (OC200 is current in Nov). I am planning on taking an unpaid vacation during November due to personal reasons (not medical). I have read that this is a grey area for the E3 visa but it should be fine.

It's not like your losing your job right? I'd say it makes sense that people sometimes need leave.

 

[Sm1smom]

I am currently on the E-3 visa, with a number of OC3XX. I predict my CN will be current come December or January (OC200 is current in Nov). I am planning on taking an unpaid vacation during November due to personal reasons (not medical). I have read that this is a grey area for the E3 visa but it should be fine.

My question is since with the AOS package it is required to send the last 3 payslips, would this cause them confusion and hurt my chances if they see a bit of a gap in my payslips?

If my CN becomes current in December, that means I can send in my AOS package at the start of November and it won't be missing any payslips (my last payslip before my unpaid vacation will be at the end of October). However, if the CN becomes current in January, the payslips I send it with my AOS package will be missing November payslips.

Will they ask about my payslips at the interview? Will I have to bring documentation to justify my unpaid vacation or will they not know about it unless I bring it up?

Thanks in advance.

What is the duration of the unpaid vacation you’ll be taking? If the unpaid vacation really means you’re technically no longer working for your current employer, you may no longer be eligible to file AOS.

If that is not the case and you will be back with your current employer and will continue payslips to support this claim after AOS package submission and before your interview, then you should be okay as you will have current payslips to present during your interview if required.

 

[Sm1smom]

We made the medical examination. We made the blood test and the urine test and were told to wait for the phone call to come and get the envelopes.
Dear Mom, can your advise what should we check when we would receive these papers back from the doctor's office please.
P.S. Thank you for the answer about the receipt. I was almost ready to write the same question

The civil surgeon should give you a copy of the medical form for your records. Make sure all the sections are fully completed by the civil surgeon and the form is signed.

 

[PhilR]

What is the duration of the unpaid vacation you’ll be taking? If the unpaid vacation really means you’re technically no longer working for your current employer, you may no longer be eligible to file AOS.

If that is not the case and you will be back with your current employer and will continue payslips to support this claim after AOS package submission and before your interview, then you should be okay as you will have current payslips to present during your interview if required.

It will be more a period of about 2-months. I will be returning to this employer at the start of next year (and I have that in writing). The thing is I won't have payroll slips between when I submit the AOS package and the interview as that is the period I will be on unpaid leave.

 

[Sm1smom]

It will be more a period of about 2-months. I will be returning to this employer at the start of next year (and I have that in writing). The thing is I won't have payroll slips between when I submit the AOS package and the interview as that is the period I will be on unpaid leave.

Your unpaid leave is not due to medical reasons according to you, it seems like some to me like some arrangements for you to wait for the start of a new project in January (and my assumption could be wrong in which case I do apologize for that). Anyway, I think you should speak with an immigration attorney regarding the impact of an unpaid leave of absence on your E3 status to start with and the fact that you plan on submitting your AOS package during that period.

I’m not sure you’re considered as still maintaining your status during the period you’re not on your employer’s payroll, and you need to be in a valid legal status in order to file AOS.

 

[SusieQQQ]

I’m not sure you’re considered as still maintaining your status during the period you’re not on your employer’s payroll, and you need to be in a valid legal status in order to file AOS.

Mom, just to clarify this, is it correct that the applicant must not only be in status at the time of filing but must have always maintained legal status since entering the US? So even if PhilR is back in paid employment at the time he files AOS, the period of unpaid leave could still be a problem if it does indeed count as being out of status?

 

[Sm1smom]

Mom, just to clarify this, is it correct that the applicant must not only be in status at the time of filing but must have always maintained legal status since entering the US? So even if PhilR is back in paid employment at the time he files AOS, the period of unpaid leave could still be a problem if it does indeed count as being out of status?

Yes that is true. However if he were to exit the US and re-enter just before resuming with his employer and back on payroll, he will be considered as maintaining legal status since re-entering the US resets the clock and the count down starts with his return.

Of course that means he will need to wait at least 90 days following his return before filing for AOS. And there’s also the possibility of a denied entry should CBP determine he has an immigrant intent of filing for AOS upon admission.

 

[SusieQQQ]

Yes that is true. However if he were to exit the US and re-enter just before resuming with his employer and back on payroll, he will be considered as maintaining legal status since re-entering the US resets the clock and the count down starts with his return.

Of course that means he will need to wait at least 90 days following his return before filing for AOS. And there’s also the possibility of a denied entry should CBP determine he has an immigrant intent of filing for AOS upon admission.

If he’s going to exit, given his CN & the timing of his unpaid leave then CP may possibly make more sense. Something for him to consider.

 

[PhilR]

If he’s going to exit, given his CN & the timing of his unpaid leave then CP may possibly make more sense. Something for him to consider.

Thank you for all the tips, guys! Greatly appreciated. I'll have to have a long think about the best approach.

I have already paid the $330 fee and received the receipt. I have not yet sent the AOS package. It's not too late to switch to CP is it?

 

[Sm1smom]

Thank you for all the tips, guys! Greatly appreciated. I'll have to have a long think about the best approach.

I have already paid the $330 fee and received the receipt. I have not yet sent the AOS package. It's not too late to switch to CP is it?

It is not too late to switch to CP and complete the process before the end of the FY. Getting a January interview, assuming your CN becomes current in January, is dicey though considering the fact that interview dates are scheduled roughly 6 to 8 weeks in advance and KCC will need enough time to finish processing your DS260 before scheduling your interview.

 

[damo1089]

Just wondering if anyone knows what moment of the process triggers "pending I485" status if the current NIV expires during the aos process? Text message? Notice of action? Interview scheduled?

How would one go about displaying their legal status to an employer who knows their visa has expired?

 

[Sm1smom]

Just wondering if anyone knows what moment of the process triggers "pending I485" status if the current NIV expires during the aos process? Text message? Notice of action? Interview scheduled?

How would one go about displaying their legal status to an employer who knows their visa has expired?

There will be no communication from USCIS re Adjustment Pending status. It automatically goes into effect immediately following current status expiration date (assuming the AOS package was already accepted by USCIS prior to the expiration date).

Adjustment pending is not a status that allows ongoing work with a current employer once it kicks in unless you have an approved AOS based EAD card. Without the EAD, you cannot continue working, you immediately stop working on the day the status expires.