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DV 2021 AOS Only

Hey mom,
I sent my package a month ago and my G-1450 hasn’t been cashed yet. My problem is that my i-693 expires on April 15.

I’d like to know if USCIS will still use my i-693 if they cash my payment before April 15 or I’ll have to send a new one?

2) Knowing that I filed the old i485, will USCIS reject my package after 3/10/2021?
 
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Hello @Sm1smom,

I have few more questions for you on my situation;

1. Do you have any experience from the past on time taken to withdraw an application from USCIS?
2. is it possible to schedule bio and interview from the AOS application (which we want to withdraw) during the withdrawal process?
3. If that is the case, what should we do for those two appointments?

Thank you very much for your time and support on this matter.
1. Yes I know of cases (non DV based AOS cases) that have been withdrawn in the past. I don’t have a timeline of how long it took from when the withdrawal notice was sent in to when USCIS acknowledged receipt of the notice, it is irrelevant because once the withdrawal letter gets delivered (which you will know if you send the notice with a delivery tracker), one can effectively consider the application withdrawn (even while waiting for the official confirmation)
2. USCIS process all applications as is until a withdrawal letter is received. Once this is received, they’re happy to close the case file regardless of what stage the case is at.
3. You don’t do anything. See 2 above.
 
1. Yes I know of cases (non DV based AOS cases) that have been withdrawn in the past. I don’t have a timeline of how long it took from when the withdrawal notice was sent in to when USCIS acknowledged receipt of the notice, it is irrelevant because once the withdrawal letter gets delivered (which you will know if you send the notice with a delivery tracker), one can effectively consider the application withdrawn (even while waiting for the official confirmation)
2. USCIS process all applications as is until a withdrawal letter is received. Once this is received, they’re happy to close the case file regardless of what stage the case is at.
3. You don’t do anything. See 2 above.
Hello @Sm1smom,

Thank you very much for your thoughts on this and it really helped us to decide what is the best option we can have with our case.
 
Hello,

I missed tier 2 agents call. Will they call me again or have I missed my chance?

This is what it says in the email they send you after you request to speak with a tier 2 agent: "If you missed our first call, please be patient. We will try to call you twice. Please do not call us back unless you miss both of our return calls."
 
This is what it says in the email they send you after you request to speak with a tier 2 agent: "If you missed our first call, please be patient. We will try to call you twice. Please do not call us back unless you miss both of our return calls."
I have never received that email. Thanks!
 
I am currently on a E3 visa and preparing my AOS for May. My E3 doesn't have a A-number/Registration number.

I suppose the reason being is because its a non-immigrant visa.
Will my AOS be rejected without a A-number?


Kind regards
 
Hi Chandana123,

I would reach out to a CPA before taking any decision. According to the IRS website the substantial presence test must be calculated as follow:

"You will be considered a United States resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States (U.S.) on at least:

a) 31 days during the current year, and
b) 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
All the days you were present in the current year, and
1/3 of the days you were present in the first year before the current year, and
1/6 of the days you were present in the second year before the current year.
"

Since you were present in US since fall 2018, you should be considered a US tax resident for Fiscal Years 2019 and 2020 (i.e. the substantial presence test is met for both fiscal years).

You can find a decent amount of substantial presence test calculators and tools that can help you to assess you status.

Honestly, I have no knowledge of any 5-years requirement for assess the tax residence of an individual, maybe is something specific for TurboTax.
This is wrong, if you scroll down where you copied this text, you may find, F1 student are exempt from counting days until 5 year. Here are some example IRS posted.
 
Hi, quick question. For the tax returns, will my 1040s just suffice? or do i need to get the actual transcripts from irs.gov? And i don't need the state returns right? Thanks
 
Hello everybody!
The employer wrote a letter stating that he is ready to hire a full-time job, is his signature needed ?, he said that his specified license and contacts are enough.
 
Hi, quick question. For the tax returns, will my 1040s just suffice? or do i need to get the actual transcripts from irs.gov? And i don't need the state returns right? Thanks

I think the information from the IRS tax transcript is sufficient for proof of income.
 
I am currently on a E3 visa and preparing my AOS for May. My E3 doesn't have a A-number/Registration number.

I suppose the reason being is because its a non-immigrant visa.
Will my AOS be rejected without a A-number?


Kind regards
You’re not required to have an A# in order to file for AOS, so package cannot be rejected for not showing an A#.
 
Hi, quick question. For the tax returns, will my 1040s just suffice? or do i need to get the actual transcripts from irs.gov? And i don't need the state returns right? Thanks
Only FEDERAL return transcripts (you can get them for previous years from irs.gov)
 
Hi, quick question. For the tax returns, will my 1040s just suffice? or do i need to get the actual transcripts from irs.gov? And i don't need the state returns right? Thanks
Including the IRS tax transcript in the AOS package is recommended.
 
Hello everybody!
The employer wrote a letter stating that he is ready to hire a full-time job, is his signature needed ?, he said that his specified license and contacts are enough.
AFAIK, a genuine job offer will include the signature of the person making or authorized to make the job offer. Their license number or contact information doesn’t authentic the job offer IMO.
 
Hello @Sm1smom,
It’s been almost 2 months since I did biometrics and almost 5 months since I submitted my AOS package.

Would you advice to call USCIS and ask to talk to a tier 2 agent? Or should I start a congressional inquiry directly?

I know there is still time before the end of the fiscal year but my visa will expire in two months and I don’t want to lose the right to work.

Thank you, I appreciate your help!
 
Hi,

I do not know what to do with my situation and I would really appreciate any help:

I am an F-1 student and my visa ends in December 2022 (i20 ends in June 2022). I was selected for DV2021 and I was planning to apply for AOS. However, my case number is on the high side (EU 23XXX). I have the following questions:

1) If I apply for green card, if it gets rejected or not given due to the time restriction, I will be in US next year studying with my current F-1 visa. In this case, will I be able to travel outside of US during that year? Will my prior green card application create problems while entering US with my F-1 visa?

2) Same situation. But I want to apply for OPT for summer 2022 when I graduate to work in industry. Would this prior green card application create a problem for OPT process?

3) Let's assume that I got the OPT as well. However, my F-1 visa is expired. In this case, in order to travel, I will have to apply for renewal of my F-1 visa when I go back to my home country. But I will be applying for a student visa with a prior intend of immigration. Will this create a problem? What would be the chance for me to get F-1 visa in that case?

Thank you very much!
 
Hello @Sm1smom,
It’s been almost 2 months since I did biometrics and almost 5 months since I submitted my AOS package.

Would you advice to call USCIS and ask to talk to a tier 2 agent? Or should I start a congressional inquiry directly?

I know there is still time before the end of the fiscal year but my visa will expire in two months and I don’t want to lose the right to work.

Thank you, I appreciate your help!
If you’ve never tried the tier 2 personnel approach before, then you can begin there. You can also jump to the congressional inquiry option if you prefer.
 
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