Sm1smom
Super Moderator
Only your forms and personal documents gets scanned - the memo most likely gets trashed.
DV 2020 AOS Only
- Thread starter Sm1smom
- Start date
Only your forms and personal documents gets scanned - the memo most likely gets trashed.
Sm1smom
Super Moderator
I believe the OP already knows they need to have an ongoing valid status in order to file AOS when their CN becomes current, which is why they’re asking which for guidance on which of the options - your response isn’t quite addressing the question asked.
What I said was as a back-up plan in case I-485 is going to be rejected for any reason.
A student on their student visa has certainly the eligibility for AOS. But if they file their AOS they may face a problem for getting their OPT approved or if they want to get a new I-20 for continuing their education in the US.
Submitting I-485 in itself will most likely make someone unqualified for OPT or student visa extension regardless of what the result will be.
I have even heard that you need to file I-485 at least 3 months after getting a new I-20 or OPT approved.
Sm1smom
Super Moderator
That is obvious. However, in order to file AOS one needs to be in a valid status as a starting point. What thenOP IS trying to determine IS which option to go with once their current status expires! Like I previously responded, the OP already knows of the need to be in a valid status, their current status will expire before they become eligible to file AOS and they already know of the need to extend their status in order to be eligible. So again, your response is stating the obvious as in what the OP already knows, it is NOT answering the question as to WHICH of the two options is better for them.
By the way, while it is obviously better to already have OPT approval or I-20 extension in place prior to filing AOS, there are reports in this forum of selectees who applied for OPT and got approved AFTER AOS petition submission - not an option I would recommend but there are some who had no choice but to apply for OPT after their AOS petition submission.
Hello Mom,
I have come to believe that the field office has a deciding factor in DV-related applications.
If I go current it will be in final months of 2020 fiscal year. My nearest FO is New Orleans, LA.
As you know hardly 5% of selectees reside in the US. It is probable that some FOs have never processed any DV lottery cases and may not be familiar with these cases and how they can be time-sensitive.
I am a bit worried this is the case for my nearest field office. Is there any way to know if they have ever processed any DV-related cases?
Thank you for your response
I have come to believe that the field office has a deciding factor in DV-related applications.
If I go current it will be in final months of 2020 fiscal year. My nearest FO is New Orleans, LA.
As you know hardly 5% of selectees reside in the US. It is probable that some FOs have never processed any DV lottery cases and may not be familiar with these cases and how they can be time-sensitive.
I am a bit worried this is the case for my nearest field office. Is there any way to know if they have ever processed any DV-related cases?
Thank you for your response
Sm1smom
Super Moderator
Yes the FOs play a major role in DV based AOS petitions - each FOs interview schedule is independent of each other. There’s hardly any FO that’s yet to process a DV based AOS petition since the visa lottery started back in the 1990s. However, it is possible for a particular FO to not have an IO that’s dealt with a DV based AOS petition at a particular period.
The AOS process spreadsheet has links to past DV based AOS timelines - you can start by taking a look at those past timeline spreadsheets
Thank you for your reply.
I found, a reply by a very famous immigration attorney based in California, to two questions asked about 'I-485 DV lottery processing times by different USCIS centers' in avvo website. I am wondering if what he says is the case especially the part he claims about the role of attorney in expediting DV-based I-485 application?
"For as long as the DV existed, all district offices across the nation were under instructions to "expedite" the adjudication of those cases, since with all of them "time is very much of the essence" and we have the absolute, hard deadline of Sept. 30 each year. Thus, for the last 25 years that I can remember, each one of these cases I filed, no matter where in the USA, never took more than an average of 3 months to get to the I-485 AOS interview in front of an immigration officer.
Needless to say, those DV I-485 AOS cases filed by experienced and reputable attorneys have a (much) better chance of making it than those filed "solo" without any attorney representation - in each district there are anecdotal (really horror) stories of those that abound."
In another reply to a similar question he states:
"A good attorney always seeks to have USCIS seeks "expedite" a DV-based I-485 application, given that with DV time is very much of the essence, in that the I-485 must be processed within that fiscal year the DV has been selected, namely on or before Sept. 30th - failing which the DV application "dies"and can no longer be pursued. Make sure to work with an experienced attorney."
Sm1smom
Super Moderator
Nope, not true IMO. Admittedly I don’t have the same “25 years” experience guiding DV selectees, I have however referred you to what I consider useful tools which you can refer to yourself. From the timeline spreadsheets you can see the numerous DV selectees who successfully completed the process without the services of any lawyer.
USCIS is already aware of the fact that DV based AOS petitions are time sensitive, they do their best at expediting such case, which has nothing to do with having a legal representative. Other AOS petitions such as family and employment based take much more longer to complete than a DV based AOS petition. There’s nothing any attorney can do regarding expediting a case stuck in background check for instance.
Of course it’s your case, so feel free to engage the services of an attorney if you think it will give your processing some additional boost.
yyxy
Member
@Farad Take a look at previous years' AOS threads as well. You'll see that in some cases, attorneys actually caused more problems for the applicant. While a "reputable attorney" may have experience with immigration in general, it doesn't mean they have a lot of experience with DV cases. I think you're overthinking everything.
SusieQQQ
Well-Known Member
If you browse the avvo immigration questions in general, you will find that almost every single answer recommends you use an immigration attorney, no matter what or how simple the question is. Attorneys are not on avvo as a public service; they are there to drum up business..
Yes, you are right. I have already gone through spreadsheet. But my case is different from most of you. I'm from one of the six countries affected by Travel Ban. I really need to be worried about AOS processing time especially because of my high case number and country of origin. I have to examine all of the aspects of the situation I'm in. One of my fellow countryman had a horrible interview a few days ago and the officer behaved so unprofessionally because of his country of origin. I'm sure if he had been accompanied by an attorney in his interview, the officer wouldn't dare to behave like that.
That's true. I have noticed that almost every attorney on avvo tries to tempt people into hiring a lawyer. But one thing is that why would a very renowned lawyer tarnish his reputation by replying in an unprofessional way saying that I can expedite DV-related I-485 applications?
Sm1smom
Super Moderator
He’s not necessarily tarnishing his reputation. He’s basically stating a fact which is unknown to most DV based AOSers - USCIS already expedited all DV based AOS petitions - they do not get held back like employment or family based AOS petitions.
Considering the fact that you’re chargeable to Iran, the truth is your processing will most likely be longer than most other DV based AOSers and this lawyer cannot do anything to expedite it should you get stuck in AP. However, I’m willing to admit I could be wrong, so do keep us posted if and when this very famous lawyer succeeds in getting you through within 3 months as claimed.
I examined employment-based I-485 processing times for 8 different cases of my fellow countrymen that have been approved recently. It is noteworthy that all of them have filed their I-485 in mid-August 2018 and got their approval between March and April 2019 which shows a processing time of 7 to 8.5 months.
I think this is a very normal processing time for employment-based I-485 applications that is mostly dependent on workload of USCIS centers and we can't say for sure that their background checks have been longer than people from other countries.
In other words, it doesn't mean that their background checks merely took 8 months to be completed. Am I right?
Hello, I have a question. I am a F1 student. I applied for opt 2 months ago and the approval is yet to come. And I filled out DS260 form but have not submitted it after reading you blog and my case number is too high DV2020 AS13***. Do you think they will know that I filled out DS260 even if I have not submitted it but just saved it in the website and deny opt. All the information regarding my social security number is in the form.
I don't think it should be a problem if you have not submitted it yet. Finally I found someone in Asia having a CN higher than me. Lol
Are you from Nepal?
Yes I am
Britsimon
Super Moderator
Hold back on the DS260 submission for a couple of months at least. If you are doing AOS there is absolutely no need to submit it early.
Sm1smom
Super Moderator
Well, I don't know about these 8 countrymen of yours whose employment based AOS process was completed between 7.5 to 8 months, However USCIS's Historical National Average Processing Time which I prefer to go by shows average processing time of employment based AOS is way over the average processing time as reported by your friends.
FY2015 - 6.5 months
FY2016 - 6.8 months
FY2017 - 8.4 months
FY2018 - 11.1 months
FY2019 (UP TO 3/312019) - 12.3 months
Maybe theirs are outliers, maybe their FOs weren't some of those busy ones, I don't know. One thing I do know for a fact is that most DV based AOSers chargeable to Iran typically wait a while, (longer than fellow AOSers) before getting their approval. Only a few of them have succeeded in completing the process within the "normal" time frame as other DV based AOSers. And before the travel ban came into effect, those processing CP equally ended up in several months of AP by the way.
Thank you for the info.
I noticed in the spreadsheet's timeline that a fellow countryman whose AOS application took 6 months to be completed for DV2018. But as you know it doesn't necessarily mean that her background check took too long.
I got my student visa last year (August 2018). Fortunately my case underwent only 1 month in administrative processing (AP) even though I had been rejected 12 days ago at the same embassy. I hope this will be the case for my AOS. I have a special name and probably no one in the world has the similar name as me and hopefully my FBI name check won't take too long
