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.
 
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