DV 2019 AOS Only

[HHCW187]

Hello everyone,

I have read the google sheet and most of the 2019 AOS thread. They are very useful! Thank you very much!
However, I still have some questions. Thank you so much in advance for your answer!
(Sorry for the long explanation below. I try to explain the information as well as possible)

I am DV2019ASXXXX2XXX. I am now holding a F1 OPT EAD card which will expire on 6/30/2019. I have a job offer in a university until at least Oct 2020 and I hope I could work until then. (Originally I planned to apply for OPT STEM extension for another 2 years so there is no problem)

1. Based on my understanding, after I submit the DS-260 or even I-485, I can still use my OPT EAD to work until 6/30/2019. I am now considering how I could work after 6/30/2019 if I haven't get the green card then (or if the application is denied after 6/30/2019). These are my questions:
1.a Could I apply for OPT STEM extension before 6/30/2019? Is it forbidden to apply for the extension or it only means the chance of getting approved is small?

1.b If I cannot apply for OPT extension, I am thinking whether I could apply for AOS EAD and not "use it" first. If the application process is still not done near 6/30/2019, could I start to shift to AOS EAD at that point?
One thing I notice from the EAD FAQ Q7 on USCIS website is I could only apply for a new EAD while my current EAD is going to expire in 120 days. Does this mean I could only apply for AOS EAD after around 3/3?

1.c If in the end my GC application is denied after 6/30/2019, and I cannot get OPT STEM extension, I will not have a status (OPT) to fall back.
What VISA could I apply (are J1 and H1B both ok? Or only H1B is ok?)?
Do I need to leave the US immediately after I get denied? If I am using AOS EAD then, does it have a little more grace period?
I am wondering whether I can continue my job without interruption even if my application is denied or there is no way to avoid this.

2. For another topic:
Because I have an international travel plan in Sep 2018, based on an old discussion I saw here in 2014, it would be safer to wait and submit DS-260 in Dec (90 days after reentry). And, if my CN already becomes current in Dec, I don’t really need to wait until I got the 2NL to submit I-485. I could submit my I-485 in Dec or Jan (and do the medical exam sometime in Nov or Dec).
(This is what I understand from DV-2015-aos-only page 2)
However, while I am reading the thread for 2019 DV AOS, I notice many discussion implies that submitting DS-260 might not influence reentry for F1 VISA (i.e., the chance of not being able to come back is the same as without DS-260 submission)
Do I misunderstand something or the situation has changed in the past 4 years?
Is it still better to wait until Dec to submit DS-260 due to my Sep travel?

Thank you again for the answers.

 

[Sm1smom]

Hi Sm1smom,

Once Again,one quick question.

What does a Dv AOS receipt look like? I got a letter that I included when I mailed the DV fee. And It came with the info I put. Is that the receipt?

Best,

PT

It came back stamped, right? Yes, that’s the payment receipt.

 

[PARIPON THANTHONG]

It came back stamped, right? Yes, that’s the payment receipt.

Yes, It was.

Thank You,
PT

 

[Sm1smom]

Hello everyone,

I have read the google sheet and most of the 2019 AOS thread. They are very useful! Thank you very much!
However, I still have some questions. Thank you so much in advance for your answer!
(Sorry for the long explanation below. I try to explain the information as well as possible)

I am DV2019ASXXXX2XXX. I am now holding a F1 OPT EAD card which will expire on 6/30/2019. I have a job offer in a university until at least Oct 2020 and I hope I could work until then. (Originally I planned to apply for OPT STEM extension for another 2 years so there is no problem)

1. Based on my understanding, after I submit the DS-260 or even I-485, I can still use my OPT EAD to work until 6/30/2019. I am now considering how I could work after 6/30/2019 if I haven't get the green card then (or if the application is denied after 6/30/2019). These are my questions:
1.a Could I apply for OPT STEM extension before 6/30/2019? Is it forbidden to apply for the extension or it only means the chance of getting approved is small?

1.b If I cannot apply for OPT extension, I am thinking whether I could apply for AOS EAD and not "use it" first. If the application process is still not done near 6/30/2019, could I start to shift to AOS EAD at that point?
One thing I notice from the EAD FAQ Q7 on USCIS website is I could only apply for a new EAD while my current EAD is going to expire in 120 days. Does this mean I could only apply for AOS EAD after around 3/3?

1.c If in the end my GC application is denied after 6/30/2019, and I cannot get OPT STEM extension, I will not have a status (OPT) to fall back.
What VISA could I apply (are J1 and H1B both ok? Or only H1B is ok?)?
Do I need to leave the US immediately after I get denied? If I am using AOS EAD then, does it have a little more grace period?
I am wondering whether I can continue my job without interruption even if my application is denied or there is no way to avoid this.

2. For another topic:
Because I have an international travel plan in Sep 2018, based on an old discussion I saw here in 2014, it would be safer to wait and submit DS-260 in Dec (90 days after reentry). And, if my CN already becomes current in Dec, I don’t really need to wait until I got the 2NL to submit I-485. I could submit my I-485 in Dec or Jan (and do the medical exam sometime in Nov or Dec).
(This is what I understand from DV-2015-aos-only page 2)
However, while I am reading the thread for 2019 DV AOS, I notice many discussion implies that submitting DS-260 might not influence reentry for F1 VISA (i.e., the chance of not being able to come back is the same as without DS-260 submission)
Do I misunderstand something or the situation has changed in the past 4 years?
Is it still better to wait until Dec to submit DS-260 due to my Sep travel?

Thank you again for the answers.

1a. I don’t know, I only guide on DV related questions and that’s not a DV related.

1bi. You can switch to a DV AOS based card after 6/30 if you already have the EAD card by then.
That has to do with a renewal. The DV AOS based EAD is not an extension or a renewal of your existing OPT based EAD.

1c. Not DV related - I don’t know which visa you’ll be eligible for.
No grace period on a failed GC petition - the AOS based EAD card immediately becomes void, you can no longer work with it.

2. Admission or re-admission into the US on a NIV is never guaranteed, it is at the discretion of the admitting CBP Officer if they suspect one is harboring an immigrant intent. DS260 form submission signifies an immigrant intent.

 

[HHCW187]

1a. I don’t know, I only guide on DV related questions and that’s not a DV related.

1bi. You can switch to a DV AOS based card after 6/30 if you already have the EAD card by then.
That has to do with a renewal. The DV AOS based EAD is not an extension or a renewal of your existing OPT based EAD.

1c. Not DV related - I don’t know which visa you’ll be eligible for.
No grace period on a failed GC petition - the AOS based EAD card immediately becomes void, you can no longer work with it.

2. Admission or re-admission into the US on a NIV is never guaranteed, it is at the discretion of the admitting CBP Officer if they suspect one is harboring an immigrant intent. DS260 form submission signifies an immigrant intent.

Thank you so much, Mom!
Sorry I thought people also discuss whether they could get OPT extension or whether they could get approved by other VISA after submitting DS-260/applying for GC here. I did not mean to ask DV-unrelated questions.
The answers you provided are very useful! Thank you!

For the second question, I noticed you answered this many times in this thread while people are worried they have submitted DS-260 before their trip.
I am a little confused because you suggested in the 2015 thread that it is better to submit DS-260 after the international trip.
Or, do you mean that "it is never guaranteed whether you could get in or not, but it would be safer if we haven't shown any clear immigrant intent yet"?

Sorry to check it again. I just want to make sure I understand it correctly so I could decide when I am going to submit my DS-260. Thanks again! I really appreciate your help!

 

[Sm1smom]

Thank you so much, Mom!
Sorry I thought people also discuss whether they could get OPT extension or whether they could get approved by other VISA after submitting DS-260/applying for GC here. I did not mean to ask DV-unrelated questions.
The answers you provided are very useful! Thank you!

For the second question, I noticed you answered this many times in this thread while people are worried they have submitted DS-260 before their trip.
I am a little confused because you suggested in the 2015 thread that it is better to submit DS-260 after the international trip.
Or, do you mean that "it is never guaranteed whether you could get in or not, but it would be safer if we haven't shown any clear immigrant intent yet"?

Sorry to check it again. I just want to make sure I understand it correctly so I could decide when I am going to submit my DS-260. Thanks again! I really appreciate your help!

OPT related questions may be asked here, it just depends on how closely related to the DV based AOS process that determines my willingness to respond. The service I provide here is limited to the DV process which is what I try to point out, I’m not answering all sorts of immigration related questions.

Potato, potato; tomato, tomatoe. What difference does the exact wordings makes? I’m sorry I don’t see any difference between what I suggested back in 2015 and what’s been said here on the 2019 thread. I believe if you have the tendency of over analyzing things you come across, you will miss the obvious!

If you’re yet to submit the DS260 form, you’re better off waiting until you return before submitting the it. Eliminate things you have control over that could potentially signify immigrant intent demonstration and cause issues down the road. However, DS260 submission or not, re-admission is never guaranteed in the first place.

 

[HHCW187]

OPT related questions may be asked here, it just depends on how closely related to the DV based AOS process that determines my willingness to respond. The service I provide here is limited to the DV process which is what I try to point out, I’m not answering all sorts of immigration related questions.

Potato, potato; tomato, tomatoe. What difference does the exact wordings makes? I’m sorry I don’t see any difference between what I suggested back in 2015 and what’s been said here on the 2019 thread. I believe if you have the tendency of over analyzing things you come across, you will miss the obvious!

If you’re yet to submit the DS260 form, you’re better off waiting until you return before submitting the it. Eliminate things you have control over that could potentially signify immigrant intent demonstration and cause issues down the road. However, DS260 submission or not, re-admission is never guaranteed in the first place.

Thank you so much, Mom!
Sorry I did not try to pick on your wording at all! I was just confused and tried to figure out which part I misunderstood.
Now I understand! My bad. Thanks for willing to clarify it again for me.

I want to emphasize that all of these threads throughout the years really help me understand a lot more with DV process.
Thank you so much

 

[Mila05]

Did anybody submit DS-260 so far? The US Department of State website is not working it says: "The Consular Electronic Application Center – Immigrant/Diversity Visa portal is currently undergoing maintenance."

 

[Riopadrao]

Yes it does. Payment receipt takes roughly 2-4 weeks. Email KCC if it doesn’t show up by the end of the week.

Does sending the DV fee payment before the 2NL(a few months in advance) is sent have any effect on whether or not the 2NL will be sent out?

 

[Sm1smom]

Does sending the DV fee payment before the 2NL(a few months in advance) is sent have any effect on whether or not the 2NL will be sent out?

It doesn’t.

 

[Lesia]

Hi all,

Would you please advice me how to correctly fill in DS 260. The question is Have you ever been in US? It will be wrong if I answer yes, and length of stay - 114 days.
I mean I came to US first time and stayed here for 114 days after I sent asylum petition. Or better answer on this question: No, I have never been in US before?
Thanks for the help.

 

[Sm1smom]

Hi all,

Would you please advice me how to correctly fill in DS 260. The question is Have you ever been in US? It will be wrong if I answer yes, and length of stay - 114 days.
I mean I came to US first time and stayed here for 114 days after I sent asylum petition. Or better answer on this question: No, I have never been in US before?
Thanks for the help.

Are you for real? You seriously believe it will be wrong to answer “Yes” to that question when indeed you’ve been to the US and have actually filed for asylum? You don’t think they’ll have access to that information already? The fact that you are openly considering LYING to be the right option makes me question the genuineness of your asylum claim.

 

[Lesia]

Are you for real? You seriously believe it will be wrong to answer “Yes” to that question when indeed you’ve been to the US and have actually filed for asylum? You don’t think they’ll have access to that information already? The fact that you are openly considering LYING to be the right option makes me question the genuineness of your asylum claim.

I was not going to lie. I mean, I have not left the country since I first moved in. So I filled in and, by the length of the stay, I did not take offense by indicating 114 days (the date of filing the application for asylum) or indicate the actual period of stay (I'm in the country for 2 years).You misunderstood me or I asked the question incorrectly. I do not understand the question, I have never been to the US before, this is the first time and I have not left the country since.

 

[Sm1smom]

I was not going to lie. I mean, I have not left the country since I first moved in. So I filled in and, by the length of the stay, I did not take offense by indicating 114 days (the date of filing the application for asylum) or indicate the actual period of stay (I'm in the country for 2 years).

Then why did you ever consider the “No, I have never been in US option”? Your length of stay MUST start from the day you entered the country, not the day you filed for asylum, - that is the only truthful way to answer the question.

 

[Sm1smom]

Because the next question was the length of stay. And I put 114 days )from the time of entry until the petition is filed)I must specify the entire period of the actual stay in the country (2 years)?

I asked about option NO, because I have never BEFORE been in US. Probably I asked smth stupid for you but not for me. And it's not about lying I merely want to fill the form correctly

Okay I assume you’re reading the questions wrongly. The correct answer is yes, duration of stay is from the day you entered the US up to today since you haven’t left the country since filing for asylum - so period of actual stay.

 

[Lesia]

Okay I assume you’re reading the questions wrongly. The correct answer is yes, duration of stay is from the day you entered the US up to today since you haven’t left the country since filing for asylum - so period of actual stay.

Thank you very much. I appreciate your help.

 

[jimy ny]

Hello all,


First of all, i want to say my question might seems stupid a little bit. But, being new to this country and not having enough knowledge about new environment made me to ask this question.

I want to pay DV administrative fee (330$) through cashier's check but,

1- I do not know where i should write following information:

DV Program Case Number: _____________________________________
Selectee Surname _____________________________________________
Selectee Given Name __________________________________________
Address ______________________________________________________
City: State: Zip Code: __________________________________________
Payment for ____________ persons adjusting status in the U.S. (Number of Persons)
Total Amount enclosed ____________________ (Fee amount times the number of persons adjusting status in the U.S.)

2- Related USCIS website says that i should note my DV case number on the cashier’s check but I do not know which spot on cashier's check is appropriate to write my case number?

3- Should i seal the first envelop that i am gonna put it in second envelope or leave it open?


So many thanks.

 

[Sm1smom]

Hello all,


First of all, i want to say my question might seems stupid a little bit. But, being new to this country and not having enough knowledge about new environment made me to ask this question.

I want to pay DV administrative fee (330$) through cashier's check but,

1- I do not know where i should write following information:

DV Program Case Number: _____________________________________
Selectee Surname _____________________________________________
Selectee Given Name __________________________________________
Address ______________________________________________________
City: State: Zip Code: __________________________________________
Payment for ____________ persons adjusting status in the U.S. (Number of Persons)
Total Amount enclosed ____________________ (Fee amount times the number of persons adjusting status in the U.S.)

2- Related USCIS website says that i should note my DV case number on the cashier’s check but I do not know which spot on cashier's check is appropriate to write my case number?

3- Should i seal the first envelop that i am gonna put it in second envelope or leave it open?


So many thanks.

1. I don’t understand what you mean by where to write the information.

2. Some cashier’s check have a “memo” section where you can indicate your CN. Some have enough room that allows the CN to be typed above the remitter’s name. You can also note the CN at the back of it. Alternatively, go to the post and purchase money order - CN gets noted on the memo section of the money order.

3. The SAE that will be included should not be sealed, you don’t put anything inside the SAE, you just include it inside the one you’re using to mail the payment form and the payment itself.

 

[Riopadrao]

1. I don’t understand what you mean by where to write the information.

2. Some cashier’s check have a “memo” section where you can indicate your CN. Some have enough room that allows the CN to be typed above the remitter’s name. You can also note the CN at the back of it. Alternatively, go to the post and purchase money order - CN gets noted on the memo section of the money order.

3. The SAE that will be included should not be sealed, you don’t put anything inside the SAE, you just include it inside the one you’re using to mail the payment form and the payment itself.

A follow-up to this question:
If the money order is too small and that, after writing the full DV program etc. St Louis street address in the recipient section there is only a small “memo” space left just enough for the CN, is it ok to only write the CN and not put the selectee name on the money order itself (due to lack of space) and instead attach the DOS form with all the information @jimy ny mentioned in his question (DV CN, specter surname, ... etc.)? In other words: is the selected name ABSOLUTELY required on the money order itself or is the CN on the money order enough if the other selectee details appear on the DC fee form?

 

[Sm1smom]

A follow-up to this question:
If the money order is too small and that, after writing the full DV program etc. St Louis street address in the recipient section there is only a small “memo” space left just enough for the CN, is it ok to only write the CN and not put the selectee name on the money order itself (due to lack of space) and instead attach the DOS form with all the information @jimy ny mentioned in his question (DV CN, specter surname, ... etc.)? In other words: is the selected name ABSOLUTELY required on the money order itself or is the CN on the money order enough if the other selectee details appear on the DC fee form?

Are you asking this after taking a look at an actual money order? I suggest you look at the attached sample.

And I suggest you read the instructions provided for making the payment by the way.