DV 2020 AOS Only

[Sm1smom]

Thank you @Sm1smom. It looks like @Ale85 was able to resolve it and withdrew one the packages. @Ale85, Please confirm.

I have another question. I found here https://www.uscis.gov/about-us/dire...ox-intake/lockbox-intake-processing-tip-sheet that if USCIS has not responded within a reasonable timeframe to an e-mail, attorneys or representatives should reach out to their USCIS Liason who can email to the Chief, Office of Intake and Document Production directly.

So there is an option and attorneys and representatives CAN exercise it. Are you aware of the cases when applicant reached out to the Chief, Office of Intake directly? Or that is the option ONLY secured for attorneys and representatives?

Thank you so much for all your help. I know it is already late, so I am NOT expecting your immediate response.

You definitely can reach out directly yourself if you know the email/contact information of the Chief Office of Intake and Document Production, there’s no law against doing that.

 

[Sm1smom]

This is regarding the new ICE directive on SEVP for F1 students.

Sorry if me bringing this up raises the stress level of all other fellow F1 AOS here.

I am a PhD candidate, Spring 2020 was my last semester in terms of taking a course. As I have fulfilled the course requirement "part" of the degree hence I am not going to take any courses for Fall 2020. For international PhD Students working on their dissertation once they complete their coursework the department overrides them into full time status and enrolls us into dissertation course for rest of the year(s). This is also done for international undergraduates at their last semester, as they might not need to take full-time status course load hence for the last semester even without full credit load they are considered staying in-status.

So, even if my university didn't go completely online for me this Fall 2020 I would not be taking any physical in-person class. I will be enrolled with credits for my thesis work.

Q1: Does the ICE directive about universities that are going full online for Fall 2020 and international students in those universities need either transfer to a in-person university or leave the country applies to me? My university is not going fully online but I will be not enrolled for any in-person classes anyways.

Q2: As I have submitted an AOS petition hence does this apply to me? As an F1 student once applied for AOS do I have a current or fall back status?

Q3: My thinking is, even as the petition is in place and due to the new ICE directive for such online/In-person enrollment SNAFU!! technically if I am considered out of status then it would be an issue. How to avoid this?

Thanks to everyone in advance for their sage advice.

1. Contact your school’s DSO for clarification on this.

2. The answer to 1 determines if you’ll have a fall back status or not if your AOS application gets denied for some reason.

3. Even if your current status has expired, your pending AOS application allows you to remain without accruing an unlawful presence until after the AOS application gets adjudicated.

 

[Ale85]

Thank you @Sm1smom, I totally understand this. I will get new one if need be.
I am considering to wait another week and to send the second package if there is nothing (denial/acceptance) from them next week...
I reached out to the Civil Surgeon office today, spoke to administration office asking if I-693 forms with new dates can be provided to me (since they have all the test results etc). As I expected, they advised me to wait, pointing out the situation with COVID-19 and delays associated with that and that they need a formal request from USCIS to re-issue the forms (that was quite surprising to me). I tried to explain that DV based AOS process is limited in time though I am not sure they got my argumentation.

I know it is totally my call how to proceed now but do you think that sending a new package still can be a way to try it (assuming I got NOA within 2 weeks time frame like the most of applicants here)?

I understand that time is not on my side right now, especially taking into account all the proposed changes and expected furlough at USCIS.

Basically, what can happen next week:

a) I receive nothing next week- no acceptance/no denial, assuming my package is still somewhere on their "shelves", waiting for its time, I am losing time;
b) I receive a denial on my 1st package (like you said it can be the thing happening right now), I prepare a new package next week, trying to eradicate all the deficiencies pointed out by USCIS and send it back to them (I set up an "Informed Delivery" at my USPS account, so I should see it);
c) I wait and receive an acceptance of my 1 st package (ideal case);
d) I send 2nd package and got my 1st package accepted as well just like in @Ale85 case. Two of my packages are in process, so I try to withdraw one of the cases. Can USCIS reject both cases if they see a "dublicate" in their system? Is that an option? Do you think I can add more to scrutiny at this point in time by sending the 2nd package?

As i told you, i receiced the notification that my fist package was accepted after 40days that fedex delivered it.
Before the notification,i was worry that they lost my documents so i sent another one, but almost the same today that i got the first accepted i got also the second package accepted!
Now i was lucky because they send me a text message before to cash my money.
chicago lockbox sent the documents of the second package to the national benefits,but in reality they never started to work on it because there was a problem with fee,so in reality it is like i never had 2 aos package in processing!
So i went to the bank to cancel the money order!
And then i just sent a mail to withdraw the package aos without fee,and they just denied the documents!
One package won t affect the other as a denied,but if u decide to submit a new documents,and if they will accept both,take in consideration that with a withdraw you can pay and lost one of the fee!

 

[Reiden]

I'm glad I found the forum with fellow DIV winners! Questions to more experienced folks regarding biometric appointment:

1. I don't have access to the mailbox, will fingerprint appointment date & time be shown online on case status tracking?
2. What is the typical lead time from the appointment confirmation to the biometric appointment?
3. Can I change the location of the biometric appointment?
4. Can I walk in and do a biometric appointment early?

Thank you!

 

[SusieQQQ]

I'm glad I found the forum with fellow DIV winners! Questions to more experienced folks regarding biometric appointment:

1. I don't have access to the mailbox, will fingerprint appointment date & time be shown online on case status tracking?
2. What is the typical lead time from the appointment confirmation to the biometric appointment?
3. Can I change the location of the biometric appointment?
4. Can I walk in and do a biometric appointment early?

Thank you!

1. No. A copy of the letter may be in the “documents“ list if you have a myuscis account - perhaps someone who has used myuscis for DV can confirm (the documents option may only be available for forms filed online, I'm not sure)
2. Nothing is typical anymore, also dependent where you live
3. No
4. No. Some ASCs used to offer this but none are accepting walk-ins now.

 

[damo1089]

I'm glad I found the forum with fellow DIV winners! Questions to more experienced folks regarding biometric appointment:

1. I don't have access to the mailbox, will fingerprint appointment date & time be shown online on case status tracking?
2. What is the typical lead time from the appointment confirmation to the biometric appointment?
3. Can I change the location of the biometric appointment?
4. Can I walk in and do a biometric appointment early?

Thank you!

Not having access to a mailbox is going to severely hinder your chances. You should sign up for a PO box or something. Everything works in the US by snail mail.

 

[Alexey]

Hi Everybody,

I've been reading this forum for the past 8 months or so and this is my first time participating in it. I've seen many comments asserting that DV cases don't receive any updates between the "Fingerprint Review Was completed" status and the interview letter. However, I did have a new status before my interview letter arrived which was "We scheduled your interview" (see screenshot attached). I guess each Field Office releases their updates in My USCIS differently or maybe this is a new thing USCIS is trying to implement for DV cases. By the way, I'm using both my.uscis and egov.uscis, but only My USCIS shows that interview status. I'm still waiting to hear back from USCIS about my interview rescheduling.

View attachment 1802

What is your timeline so far my friend?

 

[asm_dv]

1. Contact your school’s DSO for clarification on this.

2. The answer to 1 determines if you’ll have a fall back status or not if your AOS application gets denied for some reason.

3. Even if your current status has expired, your pending AOS application allows you to remain without accruing an unlawful presence until after the AOS application gets adjudicated.

@Sm1smom thanks for the reply.

My I-20 status is valid until September 2024. I maxed my course load and reached my candidacy in very short period of time. So my status has not expired.

In this forum I think it was mentioned several times that " once F1 or other visa holders apply for adjustment of status and has a pending application then I am technically not in F1 status. So if my AOS application gets denied, I will have no fall back status".

Q1: Is this is not a straight-forward policy or in some instances there is still fall back status for F1?

thanks.

 

[Sero1033]

@Sm1smom thanks for the reply.

My I-20 status is valid until September 2024. I maxed my course load and reached my candidacy in very short period of time. So my status has not expired.

In this forum I think it was mentioned several times that " once F1 or other visa holders apply for adjustment of status and has a pending application then I am technically not in F1 status. So if my AOS application gets denied, I will have no fall back status".

Q1: Is this is not a straight-forward policy or in some instances there is still fall back status for F1?

thanks.

What do you mean by while in AOS with pending application you are not in F1 status? I have recently re-enrolled in school and extended my I-20 and it went with no issues. Does it mean I wasn't allowed to re-enroll while my application is pending? Plus I applied for CPT (internship permit) that allows me to work while in school. @Sm1smom please advise...

 

[skip1]

What do you mean by while in AOS with pending application you are not in F1 status? I have recently re-enrolled in school and extended my I-20 and it went with no issues. Does it mean I wasn't allowed to re-enroll while my application is pending? Plus I applied for CPT (internship permit) that allows me to work while in school. @Sm1smom please advise...

This is an interesting point.
My school plans on reissuing me i-20 with information stating that they are doing hybrid model this fall. Since I'm already in AOS process, are they going to have an issue doing that?

 

[asm_dv]

What do you mean by while in AOS with pending application you are not in F1 status? I have recently re-enrolled in school and extended my I-20 and it went with no issues. Does it mean I wasn't allowed to re-enroll while my application is pending? Plus I applied for CPT (internship permit) that allows me to work while in school. @Sm1smom please advise...

@Sero1033 good catch. I didn't think about this as my primary work is research and I signed my employment contract start of the summer and that is part of the paperwork that ensures my enrollment for the upcoming semester.

I have the same question, what is the condition of CPT once we have pending AOS? Because CPT allows students to take internship and officially not take course load.

 

[SusieQQQ]

@Sm1smom thanks for the reply.

My I-20 status is valid until September 2024. I maxed my course load and reached my candidacy in very short period of time. So my status has not expired.

In this forum I think it was mentioned several times that " once F1 or other visa holders apply for adjustment of status and has a pending application then I am technically not in F1 status. So if my AOS application gets denied, I will have no fall back status".

Q1: Is this is not a straight-forward policy or in some instances there is still fall back status for F1?

thanks.

You misunderstand. It is only if you do something inconsistent with your underlying status (example: receive an AOS-based EAD and work on it, stay past your i94 date, etc) that you move out of that status and into adjustment pending. If your underlying status remains valid and you comply with the conditions of it then you remain in that status and can fall back on it.

 

[rabey]

@Sm1smom thanks for the reply.

My I-20 status is valid until September 2024. I maxed my course load and reached my candidacy in very short period of time. So my status has not expired.

In this forum I think it was mentioned several times that " once F1 or other visa holders apply for adjustment of status and has a pending application then I am technically not in F1 status. So if my AOS application gets denied, I will have no fall back status".

Q1: Is this is not a straight-forward policy or in some instances there is still fall back status for F1?

thanks.

No, you will become a pending adjustment of status if your current status has ended after filing AOS. But If you are F1 before apply AOS and keep maintaining the F1 throughout AOS process, you are still F1 until AOS decision is made. That's why even if the AOS get denied you have fall back status.

 

[MED123]

I am currently on a J1 visa. My visa will end by the end of this year.
Am I allowed to do AOS giving that my case number is 2021AF00027xxx?
I read the spreadsheet but I am still confused which process I should follow,
Could you please give me some insights on what should I have to do?

 

[James512]

I am currently on a J1 visa. My visa will end by the end of this year.
Am I allowed to do AOS giving that my case number is 2021AF00027xxx?
I read the spreadsheet but I am still confused which process I should follow,
Could you please give me some insights on what should I have to do?

Please find 2021 AOS only group for this post. This is only for AOS 2020...

 

[Sm1smom]

@Sm1smom thanks for the reply.

My I-20 status is valid until September 2024. I maxed my course load and reached my candidacy in very short period of time. So my status has not expired.

In this forum I think it was mentioned several times that " once F1 or other visa holders apply for adjustment of status and has a pending application then I am technically not in F1 status. So if my AOS application gets denied, I will have no fall back status".

Q1: Is this is not a straight-forward policy or in some instances there is still fall back status for F1?

thanks.

Not sure where in this forum you read several times about what you described. Yes people asked this question several times, and I’ve tried several times to explain that one does not automatically roll into adjustment pending status on the basis of file AOS. The only time someone with a pending AOS application automatically rolls into adjustment pending is when the original status expires on its own while their AOS application is still pending. So for the last time, you don’t automatically roll into adjustment pending simply because you have a pending AOS application.

 

[Sm1smom]

What do you mean by while in AOS with pending application you are not in F1 status? I have recently re-enrolled in school and extended my I-20 and it went with no issues. Does it mean I wasn't allowed to re-enroll while my application is pending? Plus I applied for CPT (internship permit) that allows me to work while in school. @Sm1smom please advise...

@asm_dv’s understanding is flawed.

 

[Sm1smom]

This is an interesting point.
My school plans on reissuing me i-20 with information stating that they are doing hybrid model this fall. Since I'm already in AOS process, are they going to have an issue doing that?

There’s shouldn’t be an issue with that.

 

[citylista]

I am wondering if I am the main applicant in i-485 (I won the DV lottery) and my husband is also applying with me as a family member, can he also act as sponsor in i-134? And is i-134 needed at all if our income in i-944 is bigger than the required 125% FPL?
I am not working as my visa doesn't allow me to, I am with O3, my husband is the only person working.
Thank you!

 

[Sero1033]

@asm_dv’s understanding is flawed.

Yes, I've already got my answer. Thank you! I'm terrified to make any new steps, being afraid to mess up with my status...