DV 2020 AOS Only

Sm1smom

Super Moderator
Hi everyone,

I have been selected for further progressing in DV2020. The number is 2020AS2XXX.

However, my situation is a little awkward.

I am now holding H1B, which started to be valid since last October. Unfortunately, I was transferred from one state to my current state by the end of 2018. My company filed my H1B transfer at that time. But, due to my title; I received Request For Evidence (RFE) from USCIS. Although USCIS approved my case eventually, they changed the expiration date of my H1B from 9/24/2021 to 2/28/2020. Therefore, we (my wife and I) face the following problems:
  1. We may not be able to go back to our country for interview since the U.S. government may not issue us valid visa (the remaining time of my current H1B visa is about 8 month). Therefore, we prefer to choose AOS. In this situation, do we need to file DS-260?
  2. In addition filing I-485, I will also need to renew my H1B. Once we file I-485, the U.S. government will think we have immigration tendency. We are not sure whether this will affect the renewal of my H1B. Could anyone give us suggestions regarding whether we should submit our I-485 prior to submitting my H1B renewal or we should submit my H1B renewal first?
Thank you for your consideration and look forward to hearing from you.
1. We recommend DS260 submission even for AOS.

2. Question is not DV based AOS process related, sorry can’t help with this.
 
Hi everyone,

I have been selected for further progressing in DV2020. The number is 2020AS2XXX.

However, my situation is a little awkward.

I am now holding H1B, which started to be valid since last October. Unfortunately, I was transferred from one state to my current state by the end of 2018. My company filed my H1B transfer at that time. But, due to my title; I received Request For Evidence (RFE) from USCIS. Although USCIS approved my case eventually, they changed the expiration date of my H1B from 9/24/2021 to 2/28/2020. Therefore, we (my wife and I) face the following problems:
  1. We may not be able to go back to our country for interview since the U.S. government may not issue us valid visa (the remaining time of my current H1B visa is about 8 month). Therefore, we prefer to choose AOS. In this situation, do we need to file DS-260?
  2. In addition filing I-485, I will also need to renew my H1B. Once we file I-485, the U.S. government will think we have immigration tendency. We are not sure whether this will affect the renewal of my H1B. Could anyone give us suggestions regarding whether we should submit our I-485 prior to submitting my H1B renewal or we should submit my H1B renewal first?
Thank you for your consideration and look forward to hearing from you.
H1b visa holder can have dual intent. Dual intent is a United States immigration law concept. It generally refers to the fact that certain U.S. visas allow foreigners to be temporarily present in the U.S. with lawful status and immigrant intent.
So filing I-485 won't affect your H1B visa renewal in any way.
 
H1b visa holder can have dual intent. Dual intent is a United States immigration law concept. It generally refers to the fact that certain U.S. visas allow foreigners to be temporarily present in the U.S. with lawful status and immigrant intent.
So filing I-485 won't affect your H1B visa renewal in any way.
Thanks for your reply!
 
Hello,
My wife was selected with cut off number of AS9***. I have a couple of questions. We both are on F1 (student) visa. I am on OPT and I requested OPT extension, it is in AP.
1- Is there any deadline for filling DS 260?
2- I have not filled DS 260 as I thought it can affect my OPT extension. If we fill DS260 now, can it affect my OPT extension process?
3- Based on our case number, we can submit change of status sometimes like next October. Correct?
4- What other deadlines in addition to I485 that we need to meet?
Thank you very much for your valuable advice.
 

Sm1smom

Super Moderator
Hello,
My wife was selected with cut off number of AS9***. I have a couple of questions. We both are on F1 (student) visa. I am on OPT and I requested OPT extension, it is in AP.
1- Is there any deadline for filling DS 260?
2- I have not filled DS 260 as I thought it can affect my OPT extension. If we fill DS260 now, can it affect my OPT extension process?
3- Based on our case number, we can submit change of status sometimes like next October. Correct?
4- What other deadlines in addition to I485 that we need to meet?
Thank you very much for your valuable advice.
1. No deadline
2. I’ld say focus on getting your OPT extension before demonstrating an immigrant intent with the DS260 submission.
3. Your CN isn’t likely to be current by then, so no.
4. AOS petition must be approved by September 30th 2020 COB.

Go through the AOS process spreadsheet to ensure you have a good understanding of what the AOS process entails.
 
Hello,
I'm doing my master's degree in the US and would like to apply for a PhD in the near future.
As you know completing a program at one school and starting a new program at a different school is an example of SEVIS transfer, meaning that USCIS doesn't get involved in issuing I-20 for a PhD unlike what we see in issuing I-20 for OPT during which USCIS gets involved.

I am wondering if my diversity-related I-485 application is rejected due to not completing the process on time, will I be able to get a I-20 for my PhD education?
 

Sm1smom

Super Moderator
Hello,
I'm doing my master's degree in the US and would like to apply for a PhD in the near future.
As you know completing a program at one school and starting a new program at a different school is an example of SEVIS transfer, meaning that USCIS doesn't get involved in issuing I-20 for a PhD unlike what we see in issuing I-20 for OPT during which USCIS gets involved.

I am wondering if my diversity-related I-485 application is rejected due to not completing the process on time, will I be able to get a I-20 for my PhD education?
I don’t know. The guidance I provide is limited to DV based AOS process.
 
I don’t know. The guidance I provide is limited to DV based AOS process.
Thank you for your response,
I found answer to my question and think it would be helpful to share it with others.
USCIS, DHS and all other organizations are linked to each other via Computer Linked Application Information Management System (CLAIMS) and therefore USCIS will notify SEVIS of the I-485 denial and it is one of the reasons of status termination.
This excerpt is from the Department of Homeland Security:

Students Changing from F or M Status to another: The SEVIS record is in Active status and all of the following statements are true:

  • The student applied for change out of F or M status.
  • USCIS denied the application to change status.
Note: SEVIS will note this reason when it auto-terminates a record because the USCIS denial was received through CLAIMS.
 
Sorry if this is a repeat question, but I recently moved and I was wondering what I should include in the email to KCC so that they unlock the DS-260 form for me to update the address.

Also, after getting my 1NL and submitting the DS-260 I have not got any email from KCC yet.


Thanks
 
Hello,
What happens if we don't report our change of address to USCIS after moving to another state and we want to go to the interview in local field office determined based on our previous address ?
 

Sm1smom

Super Moderator
Hello,
What happens if we don't report our change of address to USCIS after moving to another state and we want to go to the interview in local field office determined based on our previous address ?
That amounts to fraudulent misrepresentation for the purpose of obtaining an immigration benefit.

If you move (especially to a different State) after submitting your AOS package which means a different FO now has jurisdiction over your case file, you are required to inform and update USCIS with the new address to enable them transfer your case file to the new FO with jurisdiction over the new address l.
 
That amounts to fraudulent misrepresentation for the purpose of obtaining an immigration benefit.

If you move (especially to a different State) after submitting your AOS package which means a different FO now has jurisdiction over your case file, you are required to inform and update USCIS with the new address to enable them transfer your case file to the new FO with jurisdiction over the new address l.
Thank you for your response.
My case number is high. Change of address will definitely delay processing my application and therefore I was considering not reporting change of address or not.
 
Hi mom,
after the 2020DV statistics, I've been thinking to do individual AOS processes for me and my wife.( we both won DV lottery, so file separately). The main reason to do so is my wife is moving to another state in next month. You already suggest that we both can list the current address to avoid any delays but travelling back and forth might be difficult for her. So, if we do AoS separately she can go to bio, interview to the FO based on her new address. I'm wondering, are we allowed to do separate AoS (without adding derivative AoS package) even if we entered spouse information DV entrance forms? ( we haven't submitted the DS260 yet)
 

Sm1smom

Super Moderator
Hi mom,
after the 2020DV statistics, I've been thinking to do individual AOS processes for me and my wife.( we both won DV lottery, so file separately). The main reason to do so is my wife is moving to another state in next month. You already suggest that we both can list the current address to avoid any delays but travelling back and forth might be difficult for her. So, if we do AoS separately she can go to bio, interview to the FO based on her new address. I'm wondering, are we allowed to do separate AoS (without adding derivative AoS package) even if we entered spouse information DV entrance forms? ( we haven't submitted the DS260 yet)
Yes you both can file separate AOS petitions based on your individual selection without submitting a derivative package.
 
Sorry if this is a repeat question, but I recently moved and I was wondering what I should include in the email to KCC so that they unlock the DS-260 form for me to update the address.

Also, after getting my 1NL and submitting the DS-260 I have not got any email from KCC yet.


Thanks
I received the following reply;

For security purposes, KCC cannot reveal any information regarding your case if you cannot provide all the required information. Please provide the Principal Applicant’s information listed below.
In order for the Kentucky Consular Center to assist with inquiries regarding a specific Diversity Visa (DV) case, you must provide the Principal Applicant's full name, complete case number, and date of birth in the following format (MMDDYYYY) as entered on the original entry.
 
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