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DV 2021 AOS Only

Hi mom,

As you know, my payment was rejected by credit card company and I am ready to send a 2nd/new package without waiting for the first one to be mailed to me (since it may take a while!)
Could you please let me know if I have to make any changes to my new package? (By change, I mean like mentioning/explaining what happened in the cover letter)
Just wanna double check and clear this before sending the new package.

Thank you very much & have a nice weekend
 
Questions on Form I-765.

1. Under "Information About Your Last Arrival in the United States " on page 3, 21a. I-94 record number.
I have 2 separate I-94 numbers: one for the last entry and one for the most current I-797 (for current status).
Which one should I enter here (21a)?

2. Under "Part1. Reason for Applying" on page 1,
If Ihave an expired EAD used during OPT, do I check on "1c. Renewal" or "1a. Initial"?


Thank you.
 
Last edited:
Milz said:
Hi mom,

As you know, my payment was rejected by credit card company and I am ready to send a 2nd/new package without waiting for the first one to be mailed to me (since it may take a while!)
Could you please let me know if I have to make any changes to my new package? (By change, I mean like mentioning/explaining what happened in the cover letter)
Just wanna double check and clear this before sending the new package.

Thank you very much & have a nice weekend
Click to expand...
Explanation not required. However something to consider, do you have a signed and sealed medical form from your CS to include with the new package? You will need that if you plan on sending a new package without waiting to receive the first one, as you can not just include a copy of the copy your CS previously gave you.
 
Sm1smom said:
Explanation not required. However something to consider, do you have a signed and sealed medical form from your CS to include with the new package? You will need that if you plan on sending a new package without waiting to receive the first one, as you can not just include a copy of the copy your CS previously gave you.
Click to expand...
Yes mom;
Already talked to CS & gonna do the medical again and send the package
 
teitake said:
Questions on Form I-765.

1. Under "Information About Your Last Arrival in the United States " on page 3, 21a. I-94 record number.
I have 2 separate I-94 numbers: one for the last entry and one for the most current I-797 (for current status).
Which one should I enter here (21a)?

2. Under "Part1. Reason for Applying" on page 1,
If Ihave an expired EAD used during OPT, do I check on "1c. Renewal" or "1a. Initial"?


Thank you.
Click to expand...
1. Information about last arrival in the US = I-94 information from that admission/entry.
2. AOS based EAD application = new application.
 
Quick question. Do spouses need to include any photos as a proof of bona fide marriage at all in the AOS application? Particularly, if a couple married before applying for DV lottery and if spouses were included in the original DV lottery submission? My attorney says yes, but the spreadsheet does not mention that.
 
Rudolf19 said:
Quick question. Do spouses need to include any photos as a proof of bona fide marriage at all in the AOS application? Particularly, if a couple married before applying for DV lottery and if spouses were included in the original DV lottery submission? My attorney says yes, but the spreadsheet does not mention that.
Click to expand...
The spreadsheet doesn’t mention it because it is not required. Your lawyer is more experienced with family (spousal) based AOS filing, hence the insistence about photos being required - that is your clue (if you haven’t figured it out by now) to know your lawyer has no DV based AOS filing experience.
 
Sm1smom said:
1. Information about last arrival in the US = I-94 information from that admission/entry.
2. AOS based EAD application = new application.
Click to expand...
Thank you for your clarification. I assumed that was the case.
I also have a follow-up question, just to make sure.
3. On the same form, Pg. 3, 21b. asks for "Most Recently Issued Passport." It's okay that the most recently issued passport is different from the one that was used for the last entry, correct?

Thank you.
 
teitake said:
Thank you for your clarification. I assumed that was the case.
I also have a follow-up question, just to make sure.
3. On the same form, Pg. 3, 21b. asks for "Most Recently Issued Passport." It's okay that the most recently issued passport is different from the one that was used for the last entry, correct?

Thank you.
Click to expand...
The question is under the “Information About Your Last Arrival in the United States” section, so even though it says most recently issued passport, it is asking about the passport used at the last entry.
 
On I-131, page 2, Part 3, item 1. Date of intended Departure:
1. If I don't have any date planned for a departure at the moment, do I need to write anything in order for advance parole to be granted? Can I leave it blank?
2. If I need to fill this section, what do I need to write if there is no plan?

Thank you.
 
teitake said:
On I-131, page 2, Part 3, item 1. Date of intended Departure:
1. If I don't have any date planned for a departure at the moment, do I need to write anything in order for advance parole to be granted? Can I leave it blank?
2. If I need to fill this section, what do I need to write if there is no plan?

Thank you.
Click to expand...
1&2: TBD
 
Hello Sm1smom,
I have a question about J1 status that is subject to the 2yr foreign residence requirement. I complied with the 2 yr requirement for J1 visa (masters degree 2009-2011). Although it is for my previous stay 10 years ago, I assume I have to submit DS-2019 and J1 visa along with my current documents including I-20s and F1 visas. My question is: is it enough to submit documents (passport pages with entry stamps) to show that I complied with the 2 yr requirement?
Thank you very much in advance. Appreciate your help
 
Hi mom,

Today, my uncle filled out the i-134 form and he gave me copies of the following as Supporting Evidence:

1. W2
2. Passport
3. Retirement Savings Statement / Retirement Account and other retirement deposits
4. IRA brokerage account
5. Bank Statement / Mutual Aid deposit etc.
6. Investment Report


On the Instructions for Form I-134, it mentions that these documents needs to be obtained from an "officer of the bank."

1. Does it mean that he should physically go to the bank (and other institutions) to obtain these information? (He signed into his online bank account and gave me a printed pdf of his bank statement and other statements as well).

2. He works at Walgreen and he gave me his Walgreens Retirement Plans statement. However, I'm not sure if these will be accepted by the officer who will evaluate the affidavit of support. I was expecting his salary statement but it seems that USCIS requires some official records directly from his employer. Can his bank records demonstrate proof of salary paid?

3. Is there a possibility of getting an RFE or i-134 rejection because of these missing information? Will it most likely be documents that I will need to bring to the interview as additional evidence?

1619929591347.png
 
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Xenobia said:
Hello Sm1smom,
I have a question about J1 status that is subject to the 2yr foreign residence requirement. I complied with the 2 yr requirement for J1 visa (masters degree 2009-2011). Although it is for my previous stay 10 years ago, I assume I have to submit DS-2019 and J1 visa along with my current documents including I-20s and F1 visas. My question is: is it enough to submit documents (passport pages with entry stamps) to show that I complied with the 2 yr requirement?
Thank you very much in advance. Appreciate your help
Click to expand...
I think you’ll need more than the entry and exist stamps (assuming your home country issues stamps exist) on your passport to demonstrate compliance. In addition to those, look into getting documents demonstrating you actually stayed in the country and what you were doing such as lease agreements, employment letters, letters of school attendance, etc.
 
ishmog said:
Hi mom,

Today, my uncle filled out the i-134 form and he gave me copies of the following as Supporting Evidence:

1. W2
2. Passport
3. Retirement Savings Statement / Retirement Account and other retirement deposits
4. IRA brokerage account
5. Bank Statement / Mutual Aid deposit etc.
6. Investment Report


On the Instructions for Form I-134, it mentions that these documents needs to be obtained from an "officer of the bank."

1. Does it mean that he should physically go to the bank (and other institutions) to obtain these information? (He signed into his online bank account and gave me a printed pdf of his bank statement and other statements as well).

2. He works at Walgreen and he gave me his Walgreens Retirement Plans statement. However, I'm not sure if these will be accepted by the officer who will evaluate the affidavit of support. I was expecting his salary statement but it seems that USCIS requires some official records directly from his employer. Can his bank records demonstrate proof of salary paid?

3. Is there a possibility of getting an RFE or i-134 rejection because of these missing information? Will it most likely be documents that I will need to bring to the interview as additional evidence?

View attachment 2515
Click to expand...
If your uncle’s annual income meets the applicable PGL requirements for both his household and yours combined together, all you need in support of the I-134 are his government issued ID and W2 (as listed on the AOS spreadsheet). Investment documents are only needed if his annual income is not enough and he wants to use his various investments to demonstrate his financial capabilities.
 
Sm1smom said:
If your uncle’s annual income meets the applicable PGL requirements for both his household and yours combined together, all you need in support of the I-134 are his government issued ID and W2 (as listed on the AOS spreadsheet). Investment documents are only needed if his annual income is not enough and he wants to use his various investments to demonstrate his financial capabilities.
Click to expand...
Thanks mom! I appreciate all the help. I'm gonna mail my package later today.
 
hi @Sm1smom so my employer who did my h1b is closing down business so I had to move to a new employer. The new employer did h1b transfer ..I will be starting with new employer as soon as monday ( pending h1b transfer). Now the moment I am gone... the old firm is done... I beleieve my h1b with them gets cancelled. Question is since my h1b transfer is still pending , will this show USCIS as I am out of status since old h1b is cancelled and would it have a adverse affect on my Dv which is still under review?
 
Hello everyone, first of all thanks a lot for all the information that is provided. I'm in the US with an H1-B visa, and my visa and I-94 are both set to expire in August. My max-out date for H1-B is in December 2021. I understand that while an I-485 is pending, I'm legally allowed to stay in the US.

Just this past week, I also have a PERM application approved and I can file I-140 and I-485 for an EB-3 application through the company I'm working. I'm trying to evaluate what's my best option.

I'm still leaning towards applying with DV-based AOS due to the possibility that it will deliver me a green card earlier. However, if the DV-based AOS application fails after my I-94 expiry, would I still be allowed to "stay" and be eligible to file another application (I-140 and I-485) for the employment based?

Note: Green card through consular processing is unfortunately not an option for me at the moment.
 
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