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DV 2021 AOS Only

Sm1smom

Super Moderator
Yes something else, before filling the DS-260 they ask the following:

"Based on your country of residence at the time you submitted your DV lottery entry, you are currently residing in the United States.

Do you want to adjust status without leaving the United States?
Yes, send my case to USCIS
No, I want to return abroad and have an interview in: ..."

So I was wondering if I should select the first option and then wait. Or if I don't touch anything altogether until the visa number comes in the bulletin.

Thanks again!

Apparently you’re determined to ignore the don’t fill or submit any form for now portion of my previous response to you. So I give up!
 

kolopoi0

Member
Apparently you’re determined to ignore the don’t fill or submit any form for now portion of my previous response to you. So I give up!

Thanks a lot! But bear in mind that we are not experts, so confusion might arise. I've read all the steps one by one, but I was not sure if this is something different! Sometimes things change year to year, so I am not ignoring but having a reasonable doubt. It has been clarified now.
 

Sm1smom

Super Moderator
Hello everyone!
Thanks for all the amazing information posted here. I am an F1 visa and my wife is F2. I won the DV lottery. My number is 10xxx. I was wondering if doing the AOS instead of consular processing would put my DV lottery in danger. I read in the spreadsheet that processing times are longer for AOS. Would I get rejected if the whole AOS process lasts longer than a year?

Thanks!

We have no idea what your CN is without the region to start with. Each option has its pros and cons, CP is no longer short and straightforward like it used to be in the past. Go through the AOS process spreadsheet, read the pros and cons section to figure out which option works best for your situation.
 

klintmane1

New Member
We have no idea what your CN is without the region to start with. Each option has its pros and cons, CP is no longer short and straightforward like it used to be in the past. Go through the AOS process spreadsheet, read the pros and cons section to figure out which option works best for your situation.
My region is Europe. I did read the AOS procedure and the pros and cons sections. I just wanted to know whether the rate of being successful changes between the two procedures and what would be best for me if the timing was the only concern. Id rather do AOS but I am worried if AOS might take longer and cause my chances to decrease.
Thanks!!
 

Sm1smom

Super Moderator
My region is Europe. I did read the AOS procedure and the pros and cons sections. I just wanted to know whether the rate of being successful changes between the two procedures and what would be best for me if the timing was the only concern. Id rather do AOS but I am worried if AOS might take longer and cause my chances to decrease.
Thanks!!

All I can say is take another look at the pros and cons section. There’s a lot more riding on both options, even with the timing - document submission and processing requirements, read what it says about the EOs, etc. I don’t do % or rate of success. Read the information you’ve been provided with and make your own informed decision.
 

kolopoi0

Member
I am sorry to bother again, I would like to know what would happen in the case that my numbers are not high and actually appear soon in the visa bulletin and as a coincidence they appear just when I before I finish my program [January, February] (and I have to change to H1B or OPT, 1 or 2 months later). What should I do in this case? Can I apply for a change of status even if I am going to change my F1 visa to H1B in the following months, or apply for OPT?

Thanks a lot and this is going to be my last question! Thanks for your time!
 

Sm1smom

Super Moderator
I am sorry to bother again, I would like to know what would happen in the case that my numbers are not high and actually appear soon in the visa bulletin and as a coincidence they appear just when I before I finish my program [January, February] (and I have to change to H1B or OPT, 1 or 2 months later). What should I do in this case? Can I apply for a change of status even if I am going to change my F1 visa to H1B in the following months, or apply for OPT?

Thanks a lot and this is going to be my last question! Thanks for your time!

You’re not restricted as to the number of questions you can ask here, ask as many questions as necessary. I just get irritated when people keep asking question after question without appearing to have paused enough to read or review the previously provided response/information - so yes my irritation will come across in my response

A demonstrated immigrant intent makes approval of a NIV quite difficult considering a NIV requires you to return back to your home country at the end of your stay in the US. This demonstrated immigrant intent however has no negative impact on a H1B visa because that is a dual intent visa.

You company can submit a H1B application on your behalf in April 2021 which if it gets picked enables to work from October 2021 - your DV FY will already be over at that point anyway, assuming your DV selection did not result in your being given a GC.

Actually before I proceed any further, let’s take this step by step - when does your current status expire?
 

kolopoi0

Member
You’re not restricted as to the number of questions you can ask here, ask as many questions as necessary. I just get irritated when people keep asking question after question without appearing to have paused enough to read or review the previously provided response/information - so yes my irritation will come across in my response

A demonstrated immigrant intent makes approval of a NIV quite difficult considering a NIV requires you to return back to your home country at the end of your stay in the US. This demonstrated immigrant intent however has no negative impact on a H1B visa because that is a dual intent visa.

You company can submit a H1B application on your behalf in April 2021 which if it gets picked enables to work from October 2021 - your DV FY will already be over at that point anyway, assuming your DV selection did not result in your being given a GC.

Actually before I proceed any further, let’s take this step by step - when does your current status expire?

First of all, Thank you very much for your time, I really appreciate all your help and effort:

My visa expiration date (F1) says: 24 April 2024. Nevertheless, It is noted in my I20 that the End Date of my Program is 10 May, 2021 (MS).

Regarding the job I was talking about (Residency program) the interviews will start in January - February (2021) and the results are given March 27th of each year (2021). The starting date of the job is usually in July of that year [2021] (sometimes they ask the applicants to apply OPTs, and in some few cases they can give H1B visas).

My I94 says Admit until date: D/S (in case this information is needed).

I wanted to know what to do in case my visa bulletin arrived early or late, because I need to tell the residencies (jobs) I am applying during my interviews about my immigration status and what I will be needing from them. That's why I've been giving this issue so much though.
 
Last edited:

zipidi

New Member
Hi, Firstly, thanks for the AOS Spreadsheet, it has been very helpful. My situation;
Wife, on E3 visa, Selected for DV
Me, on E3-D visa, included on DV entry as spouse
We both meet AOS requirements and would prefer AOS over CP.

My question is relating to the timing of the spousal paperwork. Am I correct in that we fill out the D260/Medical/AOS packet at the same time? (following the correct timing etc for each one). Or is the primary applicant (wife) required to go through the process before I am?

Are there any other 'cheat sheets' or user-written information specifically in relation to spouses/dependants and the AOS process?
From what I have seen the process is essentially the same, but I want to make sure I am not missing something.
 

Love00

Member
I got selected for DV-2021 and my case number is around 8000. I am currently in the US under f1 visa status and i am planning to graduate in may of 2021. So my question is should I move my graduation to december of 2021 or should I just go ahead and graduate in 2021 may? And will graduating in may 2021 affect my AOS application? And if I do graduate in may of 2021 and my number doesn't become current by that time, will I still be in f1 status? If not, will it again hamper my AOS application? Thankyou!
 

Sm1smom

Super Moderator
First of all, Thank you very much for your time, I really appreciate all your help and effort:

My visa expiration date (F1) says: 24 April 2024. Nevertheless, It is noted in my I20 that the End Date of my Program is 10 May, 2021 (MS).

Regarding the job I was talking about (Residency program) the interviews will start in January - February (2021) and the results are given March 27th of each year (2021). The starting date of the job is usually in July of that year [2021] (sometimes they ask the applicants to apply OPTs, and in some few cases they can give H1B visas).

My I94 says Admit until date: D/S (in case this information is needed).

I wanted to know what to do in case my visa bulletin arrived early or late, because I need to tell the residencies (jobs) I am applying during my interviews about my immigration status and what I will be needing from them. That's why I've been giving this issue so much though.

Considering AOS approval hasn’t happened, my recommendation is to proceed with your work plan as if you were not selected. Tell them your exact status as at the time of applying/interviewing - you must have had a plan prior to being selected, so proceed with that plan.

Assuming your current OPT is set to expire in April, you’re eligible to apply for extension up to 90 days before it expires, so go ahead and apply for extension by January. If the VB shows your CN becoming current in April (you would have known about this from the February VB by the way), you can then go ahead and send in AOS package from February/March if you wish to take advantage of early filing or wait until April before filing AOS. What you’ve done by filing OPT extension in January is buying yourself time in ensuring you have a fall back status if AOS gets denied or doesn’t get completed by the end of the FY.

Hopefully this makes sense and can help you figure out what you need to do. I typically don’t get into the weeds with regards to what someone can or should do about their status. I typically limit my guidance here to the DV process, however realizing how confusing this entire journey can be, I’ve made some exception here in this case.
 

Sm1smom

Super Moderator
Hi, Firstly, thanks for the AOS Spreadsheet, it has been very helpful. My situation;
Wife, on E3 visa, Selected for DV
Me, on E3-D visa, included on DV entry as spouse
We both meet AOS requirements and would prefer AOS over CP.

My question is relating to the timing of the spousal paperwork. Am I correct in that we fill out the D260/Medical/AOS packet at the same time? (following the correct timing etc for each one). Or is the primary applicant (wife) required to go through the process before I am?

Are there any other 'cheat sheets' or user-written information specifically in relation to spouses/dependants and the AOS process?
From what I have seen the process is essentially the same, but I want to make sure I am not missing something.

1. Your question is rather confusing, so I’m not even sure where to start. You should go through the AOS process spreadsheet again.
2. You already came across the the only realiable “cheat sheet” I’m aware of. I recommend you take your time and go through it again. That spreadsheet has several tabs on it just so you know. It has the answers to the questions you’ve actually asked here.
 

kolopoi0

Member
Considering AOS approval hasn’t happened, my recommendation is to proceed with your work plan as if you were not selected. Tell them your exact status as at the time of applying/interviewing - you must have had a plan prior to being selected, so proceed with that plan.

Assuming your current OPT is set to expire in April, you’re eligible to apply for extension up to 90 days before it expires, so go ahead and apply for extension by January. If the VB shows your CN becoming current in April (you would have known about this from the February VB by the way), you can then go ahead and send in AOS package from February/March if you wish to take advantage of early filing or wait until April before filing AOS. What you’ve done by filing OPT extension in January is buying yourself time in ensuring you have a fall back status if AOS gets denied or doesn’t get completed by the end of the FY.

Hopefully this makes sense and can help you figure out what you need to do. I typically don’t get into the weeds with regards to what someone can or should do about their status. I typically limit my guidance here to the DV process, however realizing how confusing this entire journey can be, I’ve made some exception here in this case.

I am sorry if I didn't specify. I am not currently on OPT. I am currently finishing my last year of my MS program (That finishes 10, May 2021).

I think it is clear by now that I should do one of the following options:

1) If I get matched to a residency (March 27, 2021 results day) that will sponsors a H1B visa then I can fill out the Change of status at any time even before I finish my program (on May, 10 2021) as soon as my number is available in the Visa Bulletin. And I shouldn't have a problem because the H1B is a dual intent visa, correct?

2) If I get matched to a residency that will NOT sponsors a H1B visa, and they ask me to apply for OPT I should do this as soon as possible. Preparing for this worst possible scenario, even if I finally end up getting option 1, I should apply for OPT 90 days before my programs ends (which is the maximum allowed by law) and as soon as I get my OPT I should apply for AOS. Correct? In case I end up getting the H1B visa sponsorship I can just disregard the OPT?

I know it is a huge risk because if end up with option 2, and at the end my AOS gets denied I won't be allowed to request an STEM OPT extension because I will have proven inmigration intent. So I wouldn't be allowed to finish my 2 - years residency program (2021-2022).

Many thanks to you again because I know it is a Sunday afternoon, and taking time from your day to answer this questions means a lot to all the people you help. You're awesome!
 

Sm1smom

Super Moderator
I am sorry if I didn't specify. I am not currently on OPT. I am currently finishing my last year of my MS program (That finishes 10, May 2021).

I think it is clear by now that I should do one of the following options:

1) If I get matched to a residency (March 27, 2021 results day) that will sponsors a H1B visa then I can fill out the Change of status at any time even before I finish my program (on May, 10 2021) as soon as my number is available in the Visa Bulletin. And I shouldn't have a problem because the H1B is a dual intent visa, correct?

2) If I get matched to a residency that will NOT sponsors a H1B visa, and they ask me to apply for OPT I should do this as soon as possible. Preparing for this worst possible scenario, even if I finally end up getting option 1, I should apply for OPT 90 days before my programs ends (which is the maximum allowed by law) and as soon as I get my OPT I should apply for AOS. Correct? In case I end up getting the H1B visa sponsorship I can just disregard the OPT?

I know it is a huge risk because if end up with option 2, and at the end my AOS gets denied I won't be allowed to request an STEM OPT extension because I will have proven inmigration intent. So I wouldn't be allowed to finish my 2 - years residency program (2021-2022).

Many thanks to you again because I know it is a Sunday afternoon, and taking time from your day to answer this questions means a lot to all the people you help. You're awesome!

If sorry I can’t go any deeper than I’ve already gone. I already said for now, proceed with whatever plans you have/had prior to being selected. In addition, I also already mentioned don’t need to submit any DV related forms for now. Your CN appears in the high range, not likely to become current in the first quarter of your FY anyway. Keep an eye on the VB, proceed with hour plan as is. Plenty of time to figure out when to submit DV related documents.
 

ishmog

Well-Known Member
Dear Sm1smom,

Thank you for creating this thread for DV-2021. I just read the whole spreadsheet and I must say that this is truly a work of dedication. It brings a lot of clarity to the whole process.

My Case Number is: 2021AF00029XXX

Here is how I intend to go through the process as per my current situation:

1. Submit the DS-260 in about 2-4 months ( make sure everything is correct).
2. Start preparation to fill out all forms ( I-485, I-944 etc) and assess all requirements in details.
3. Monitor Visa Bulletin starting October 2020.
4. Based on previous years timeline, I think my case could become current in May, June or July. (just a guess.. could be later).
5. I'm planning to file my AOS packet 2 months in advance (Policy Memo).

I'm an international student (F-1 Visa). My entry visa expires in December 5, 2020. However, I'm graduating in May 2021. My student status can be maintained by extending my I-20 till my graduation date.

After I graduate, I may remain in the United States for not more than 60 days (grace period) after my student program end date which means I will have to leave by the end of June 2021.

However, I'm planning on applying for my OPT to extend that duration and find an internship meanwhile. This will allow me to stay in the U.S for the length of time that it takes to go through the AOS process.

Please let me know if my plan is viable. More importantly, I need to know whether applying for OPT during the grace period might hinder the application process. Other tips and recommendations will be helpful. Thank you so much for your contribution.
 

Troy123

Member
hello @Britsimon @Sm1smom !
I recently got selected for 2021 dv lottery. Please take a look at my profile below:
-Case#: 2021AS———36XX
-From Nepal currently in US in F-1 visa
-Will graduate in August 2020 and then will join a MS program here at US beginning fall 2020 (already accepted)
-current visa expired on 06/05/2020 but passport is active until 2025 and current I-20 valid until 2024
-no criminal records
-good academic performance (gpa 3.5+)
My question is, which one in between AOS and CP would you suggest for my case?
Any input would be greatly appreciated!!
Thanks!!
 

nahseryeoj

New Member
Hi Mom,

I just won the DV2021 entry.

1. I am currently on a valid F1 visa and STEM OPT status. My F1 visa expires in July 2020 but will have my STEM OPT EAD until end of 2021. Going for a green card interview will happen after July 2020 (when my F1 visa expires) . Am I still considered in status and eligible for AOS while on my STEM OPT EAD ?

2. My CN is 26*** . Is this considered a high or lower CN?

Thank you very much for your help!
 

Sm1smom

Super Moderator
Dear Sm1smom,

Thank you for creating this thread for DV-2021. I just read the whole spreadsheet and I must say that this is truly a work of dedication. It brings a lot of clarity to the whole process.

My Case Number is: 2021AF00029XXX

Here is how I intend to go through the process as per my current situation:

1. Submit the DS-260 in about 2-4 months ( make sure everything is correct).
2. Start preparation to fill out all forms ( I-485, I-944 etc) and assess all requirements in details.
3. Monitor Visa Bulletin starting October 2020.
4. Based on previous years timeline, I think my case could become current in May, June or July. (just a guess.. could be later).
5. I'm planning to file my AOS packet 2 months in advance (Policy Memo).

I'm an international student (F-1 Visa). My entry visa expires in December 5, 2020. However, I'm graduating in May 2021. My student status can be maintained by extending my I-20 till my graduation date.

After I graduate, I may remain in the United States for not more than 60 days (grace period) after my student program end date which means I will have to leave by the end of June 2021.

However, I'm planning on applying for my OPT to extend that duration and find an internship meanwhile. This will allow me to stay in the U.S for the length of time that it takes to go through the AOS process.

Please let me know if my plan is viable. More importantly, I need to know whether applying for OPT during the grace period might hinder the application process. Other tips and recommendations will be helpful. Thank you so much for your contribution.

Whatever you do, make sure you’re in a valid status as at the time of filing AOS. Also, be aware USCIS regularly updates the forms on their website. So if you feel out your forms several months before filing, you may end up with outdated forms which will be rejected when sent in.
 
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