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DV 2020 AOS Only

Hi @Sm1smom
Which one in your opinion is better: counselor processing or adjustment of status?
Appreciate your response as it will make a big difference to me.
Thanks
 
Hi @Sm1smom
Which one in your opinion is better: counselor processing or adjustment of status?
Appreciate your response as it will make a big difference to me.
Thanks

I don’t know your situation personally, so I can’t tell you which option is better for you. Take a look at the AOS process spreadsheet for the pros and cons of each, and make your own decision as to which works best for you.
 
I don’t know your situation personally, so I can’t tell you which option is better for you. Take a look at the AOS process spreadsheet for the pros and cons of each, and make your own decision as to which works best for you.
Thanks Sm1Smom - I took a look at the sheet, first impression is this is an extremely handy guide so thank you so much for this, but as I go through, it looks like a complicated process to do AoS
But my situation in nutshell - I am AS14K - I worked in the US before from 2013 to 2015 on a company transfer. And was thinking of doing another co transfer in Jan 2020 - so not sure if this is a good idea or a bad idea. I already submitted DS 260.
 
Thanks Sm1Smom - I took a look at the sheet, first impression is this is an extremely handy guide so thank you so much for this, but as I go through, it looks like a complicated process to do AoS
But my situation in nutshell - I am AS14K - I worked in the US before from 2013 to 2015 on a company transfer. And was thinking of doing another co transfer in Jan 2020 - so not sure if this is a good idea or a bad idea. I already submitted DS 260.

I dare say a significantly large number of DV selectees have successful gone through the AOS process without finding it a complicated process, especially when they have the AOS process spreadsheet to guide them. Of course it can be a complicated process for someone with a complicated status to start with such as in your case. AOS is meant for people currently based in the US, not for someone who is looking at the possibility of coming in on a NIV with the mind of processing AOS. Coming to the US on a NIV with a preconceived intent of filing AOS is frowned up, it is considered a fraudulent misuse of the NIV.
 
I dare say a significantly large number of DV selectees have successful gone through the AOS process without finding it a complicated process, especially when they have the AOS process spreadsheet to guide them. Of course it can be a complicated process for someone with a complicated status to start with such as in your case. AOS is meant for people currently based in the US, not for someone who is looking at the possibility of coming in on a NIV with the mind of processing AOS. Coming to the US on a NIV with a preconceived intent of filing AOS is frowned up, it is considered a fraudulent misuse of the NIV.

Thank you so much for your reply. Sorry I forgot to mention the first time I went there was on L1 visa which is a dual intent. And the 2nd time if any will be also L1 so nothing has to do with NIV. What would you think in this case?
 
Thank you so much for your reply. Sorry I forgot to mention the first time I went there was on L1 visa which is a dual intent. And the 2nd time if any will be also L1 so nothing has to do with NIV. What would you think in this case?

Yes a L1 allows for a dual immigrant intent - meaning the person applying for that visa does not need to demonstrate a strong tie proving they will return home at the end of their granted stay. It does not allow for a preconceived intent of processing AOS which is a process reserved for someone already based in the US.

No CO will approve your dual intent visa petition if you disclose upfront you plan on processing AOS once you get to the US. Your call though if you still want to proceed knowing what you now know.
 
Yes a L1 allows for a dual immigrant intent - meaning the person applying for that visa does not need to demonstrate a strong tie proving they will return home at the end of their granted stay. It does not allow for a preconceived intent of processing AOS which is a process reserved for someone already based in the US.

No CO will approve your dual intent visa petition if you disclose upfront you plan on processing AOS once you get to the US. Your call though if you still want to proceed knowing what you now know.

Thank you so much. Appreciate your technical reply.
 
Hello,

I am wondering if change of address in a same city would delay application process while I-485 is pending?

The only delay that could be experienced in this situation may be due to notifications/mails from USCIS being sent to the old address.
 
Thank you for your response.
You mean I may not get notifications in my new mail address?

Yes that’s quite possible. USCIS’s systems are not interconnected like one would expect. We’ve had reports of people who moved after AOS package submission and followed up with change of address update as required, their USCIS mail still got sent to their old address. Since USCIS mail cannot be forwarded, the mail got returned to sender by USPS as undeliverable.
 
I am a master student and receive a monthly stipend of $890 after tax from my university. Do you think my income would be an issue when it comes to public charge?
 
Dear Mom @Sm1smom ,

First of all I wanted to thank you for all the assistance you keep providing to all of us here..

I wanted to get your opinion on the following. I will try to explain it as simple as I can:

- My husband (F1 visa holder, currently on OPT after completing his master degree (graduated in 2018), in Jan 2019 he got his first employment authorization for 1 year (his degree falls under STEM program, so he can make OPT for 3 years if I am correct), he is going to apply for its renewal/prolongation this Oct, so that he has it again in 2020). I and my kids are under F2. As you understand I do not work.

- This year I found out that I was selected for DV2020 and my CN is DV2020EU51XXX, so as you see it's quite large number... Although I understand the holes theory explained by Simon on britsimonsays.com, this is smth that makes me a bit nervous :))

- As we are already here and obviously won't be able to travel back to our home country to get out interview there because of my husband's job, we were considering the option with AoS this year...

- As we went through all of the information and although Simon is quite optimistic on this year lottery, we are still do not fully understand IF we need/BETTER to apply (no DS260 was submitted yet, we planned to do it after my husband gets his renewal of employment authorization in Jan 2020). And we wanted to start everything once we see that CN move fast and towards being CURRENT.

- So, the question is - do you think we need to give it a try (AoS) giving that CN is quite high (EU51XXX), because as I understand if we do not complete all the procedures (due to lottery deadlines and its scarcity) and declare our intention to immigrate, he (my husband) will not be able to fall back to his previous visa status and therefore we would need to leave the country.

So, looks a bit complicated.

Thank you v much for your reply!
 
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Dear Mom @Sm1smom ,

First of all I wanted to thank you for all the assistance you keep providing to all of us here..

I wanted to get your opinion on the following. I will try to explain it as simple as I can:

- My husband (F1 visa holder, currently on OPT after completing his master degree (graduated in 2018), in Jan 2019 he got his first employment authorization for 1 year (his degree falls under STEM program, so he can make OPT for 3 years if I am correct), he is going to apply for its renewal/prolongation this Oct, so that he has it again in 2020). I and my kids are under F2. As you understand I do not work.

- This year I found out that I was selected for DV2020 and my CN is DV2020EU51XXX, so as you see it's quite large number... Although I understand the holes theory explained by Simon on britsimonsays.com, this is smth that makes me a bit nervous :))

- As we are already here and obviously won't be able to travel back to our home country to get out interview there because of my husband's job, we were considering the option with AoS this year...

- As we went through all of the information and although Simon is quite optimistic on this year lottery, we are still do not fully understand IF we need/BETTER to apply (no DS260 was submitted yet, we planned to do it after my husband gets his renewal of employment authorization in Jan 2020). And we wanted to start everything once we see that CN move fast and towards being CURRENT.

- So, the question is - do you think we need to give it a try (AoS) giving that CN is quite high (EU51XXX), because as I understand if we do not complete all the procedures (due to lottery deadlines and its scarcity) and declare our intention to immigrate, he (my husband) will not be able to fall back to his previous visa status and therefore we would need to leave the country.

So, looks a bit complicated.

Thank you v much for your reply!

Unfortunately I can’t give you a yes or no response on this. I recommend you look at the pros and cons of both AOS and CP, and make your own determination on how best to proceed.
 
I am a master student and receive a monthly stipend of $890 after tax from my university. Do you think my income would be an issue when it comes to public charge?

I typically recommend getting an I-134 for those on a student visa. What is the basis of the monthly stipend you receive?
 
Hello,
I would appreciate it if anyone could answer my question.
I read a guideline from the Department of Homeland Security (DHS) about changing level of study (from Master's to PhD) which is an example of transferring SEVIS records. It seems transferring SEVIS records is possible while I-485 is pending.
I am wondering if change of level and getting a new I-20 will have an adverse effect on I-485 in terms of processing time or whatever?
 
Unfortunately I can’t give you a yes or no response on this. I recommend you look at the pros and cons of both AOS and CP, and make your own determination on how best to proceed.
Thank you for the answer. I did review everything and AOS is currently the only path we can follow.
 
Hi guys I am currently on a F1 visa with OPT status, and I was selected CN: AS27XXX. Back in May I was so excited when I found out I won and submited the DS260 right away, then I totally regerd it as my number is very high.
1.) Since I submitted the form, will custom have the right to reject my entry during my F1 status? And will that affect my STEM-OPT extension?
2.) KCC has already replied to me and mention about AOS after my DS260, will that form be saved for future records or can I request and unlock edit and change it?
3.) Since my number is so high up there, do you think I will have enough time to do AOS before Sep 30th 2020 as AOS takes at least 10 months or (4 months) to process nationwise?
4.) Can you process your AOS before your number becomes current or they won't accept your case if you applied before?

Thank you so much for your time, I did not know about this discussion board until now and I feel very stupid filling out the form so quickly...I have so many questions but if you can give me your best adivses that will help me a lot!
 
Hi guys I am currently on a F1 visa with OPT status, and I was selected CN: AS27XXX. Back in May I was so excited when I found out I won and submited the DS260 right away, then I totally regerd it as my number is very high.
1.) Since I submitted the form, will custom have the right to reject my entry during my F1 status? And will that affect my STEM-OPT extension?
2.) KCC has already replied to me and mention about AOS after my DS260, will that form be saved for future records or can I request and unlock edit and change it?
3.) Since my number is so high up there, do you think I will have enough time to do AOS before Sep 30th 2020 as AOS takes at least 10 months or (4 months) to process nationwise?
4.) Can you process your AOS before your number becomes current or they won't accept your case if you applied before?

Thank you so much for your time, I did not know about this discussion board until now and I feel very stupid filling out the form so quickly...I have so many questions but if you can give me your best adivses that will help me a lot!

Hi @Sm1smom can you give me some advises and opinions? Thank you!
 
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