DV 2021 AOS Only

[SusieQQQ]

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?

This has been discussed many times in the forum, that once your AoS application is correctly filed, if you lose your underlying status before a decision is reached, you roll into AOS pending which is authorized stay.

 

[SusieQQQ]

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.

My understanding is no, once your i94 has expired that although you are in authorized stay as AOS pending you don’t have a legal status from which to file another AOS application. You would need to file the second AOS application before the status from the i94 expires (I am assuming that you will have correctly maintained H1B status as this is required too, not just an unexpired i94).

(Although this goes beyond the scope of this DV forum: you are presumably aware both of the processing times for employment based AOS as well as AP/EAD filing)

 

[Blade_]

I have two questions:

1. On the memo line of application fees checks ($1225), what should I write? Is "I-485 filing and biometrics services fees" enough? I saw people including A- number, is that correct? My wife has A-number, but I don't. Should I add the case number/our names or anything?

2. I'm applying for OPT first, and AOS then. I'm spacing them out by only one day. Any thoughts on waiting few more days before submitting AOS/sending DV fee (2X$330), or is that irrelevant?

 

[ritallight]

Please I ve 2 questions
I am waiting for Invoice DV , my bank reported it was cashed on May 20.
1- Should I send the package without Invoice but attaching a print of the bank advice? or should I wait the Invoice?
2- Should I ask for parole/work? I am living of my savings 3 months now I cannot work
Thank you for your answer

 

[SusieQQQ]

Please I ve 2 questions
I am waiting for Invoice DV , my bank reported it was cashed on May 20.
1- Should I send the package without Invoice but attaching a print of the bank advice? or should I wait the Invoice?
2- Should I ask for parole/work? I am living of my savings 3 months now I cannot work
Thank you for your answer

Re 2, you can apply if you want but there is almost no chance you will get it approved before the end of the fiscal year given current processing times. Realistically you will need your savings to last until you get a green card.

I will let mom answer 1

 

[ritallight]

Re 2, you can apply if you want but there is almost no chance you will get it approved before the end of the fiscal year given current processing times. Realistically you will need your savings to last until you get a green card.

I will let mom answer 1

Thank you SusieQQQ I will not ask then

 

[Sm1smom]

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?

Previously answered here

 

[Sm1smom]

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.

You’re allowed to “stay” up to 60 days following H1B status expiration (60 days grace period), you’re however not eligible to file AOS as at that point as you’ll no longer have a valid status to adjust from.

 

[Sm1smom]

I have two questions:

1. On the memo line of application fees checks ($1225), what should I write? Is "I-485 filing and biometrics services fees" enough? I saw people including A- number, is that correct? My wife has A-number, but I don't. Should I add the case number/our names or anything?

2. I'm applying for OPT first, and AOS then. I'm spacing them out by only one day. Any thoughts on waiting few more days before submitting AOS/sending DV fee (2X$330), or is that irrelevant?

1. You can use your discretion on what to put on the memo line. You can also follow USCIS’s example under the How to pay USCIS Fee section.
2. No thoughts on that from this end.

 

[Sm1smom]

Please I ve 2 questions
I am waiting for Invoice DV , my bank reported it was cashed on May 20.
1- Should I send the package without Invoice but attaching a print of the bank advice? or should I wait the Invoice?
2- Should I ask for parole/work? I am living of my savings 3 months now I cannot work
Thank you for your answer

1. See the FAQ section of the AOS process spreadsheet.
2. Adequately answered by Susie.

 

[ritallight]

1. See the FAQ section of the AOS process spreadsheet.
2. Adequately answered by Susie.

Thank you Mom, Yes I read several times and I know I should wait like says me my son too... I am a little worried about if I did some mistake maybe they will return me tha package and will not be enough time to fullfil and correct. But I will wait then
About Ques 2 , yes I ve savings but I am like arms crossed all this time, I would like to begin my singing work in marriages masses , but I will continue not working and waiting
Thank you for all your help to both Mom Susie and dear Simon, without you I would not know what to do. I will never forget you

 

[SusieQQQ]

Thank you Mom, Yes I read several times and I know I should wait like says me my son too... I am a little worried about if I did some mistake maybe they will return me tha package and will not be enough time to fullfil and correct. But I will wait then
About Ques 2 , yes I ve savings but I am like arms crossed all this time, I would like to begin my singing work in marriages masses , but I will continue not working and waiting
Thank you for all your help to both Mom Susie and dear Simon, without you I would not know what to do. I will never forget you

Unfortunately that is one of the issues you have to deal with when you do AOS from a status that does not allow work. I am assuming you would have prepared for that. If you are bored, there are various volunteer activities allowed on a B visa, as well as not-for-credit short study courses, perhaps you could do something like that?

 

[Sm1smom]

Thank you Mom, Yes I read several times and I know I should wait like says me my son too... I am a little worried about if I did some mistake maybe they will return me tha package and will not be enough time to fullfil and correct. But I will wait then
About Ques 2 , yes I ve savings but I am like arms crossed all this time, I would like to begin my singing work in marriages masses , but I will continue not working and waiting
Thank you for all your help to both Mom Susie and dear Simon, without you I would not know what to do. I will never forget you

1. The spreadsheet doesn’t outrightly say you have to wait though.
2. Unfortunately, that is the outcome of your decision to stay back and process AOS you’ll have to cope with. You just have to remain patient and hope the decision was worth it at the end if you get approved.

 

[Blade_]

You can also follow USCIS’s example under the How to pay USCIS Fee section.

That was crystal clear. Thank you for the reference.

 

[ritallight]

Unfortunately that is one of the issues you have to deal with when you do AOS from a status that does not allow work. I am assuming you would have prepared for that. If you are bored, there are various volunteer activities allowed on a B visa, as well as not-for-credit short study courses, perhaps you could do something like that?

Oh I will inquire! Good idea, there are some Churches around Chorus group, as well study online Thank you SusieQQQ

 

[ritallight]

1. The spreadsheet doesn’t outrightly say you have to wait though.
2. Unfortunately, that is the outcome of your decision to stay back and process AOS you’ll have to cope with. You just have to remain patient and hope the decision was worth it at the end if you get approved.

Thank you Mom now I understand the point

 

[teitake]

Re 2, you can apply if you want but there is almost no chance you will get it approved before the end of the fiscal year given current processing times. Realistically you will need your savings to last until you get a green card.

I will let mom answer

When you said "there is almost no chance" are you speaking broadly about DV2021? Could you elavorate? Thank you.

 

[teitake]

In related topic to the above question, how does the recent Immigrant Visa Prioritization announcement (travel.state.gov/content/travel/en/News/visas-news/immigrant-visa-prioritization.html) on travel-state-gov affect AOS applications for DV2021?
I notice that it's primarily talking about embassies and consulates processing. Does the same prioritization apply to AOS?
Thank you.

 

[raphael1899]

In related topic to the above question, how does the recent Immigrant Visa Prioritization announcement (travel.state.gov/content/travel/en/News/visas-news/immigrant-visa-prioritization.html) on travel-state-gov affect AOS applications for DV2021?
I notice that it's primarily talking about embassies and consulates processing. Does the same prioritization apply to AOS?
Thank you.

No, that announcement does not affect AOS processing in any way. Only people who are processing CP have to take that into consideration. Also, when Susie said "there is almost no chance," I don't think it was about chances to be approved for a GC as I believe you understood that comment. I think it was about the chances of being approved for work/travel documents before the end of the FY. Those documents are useless once you get a green card and the processing times of the forms required to obtain them are longer than what it usually takes for a DV applicant to get through the process.

Susie will correct me if I misunderstood that comment as well.

 

[SusieQQQ]

When you said "there is almost no chance" are you speaking broadly about DV2021? Could you elavorate? Thank you.

Please read answers in the context of the questions they are responding to. The poster was asking about applying for a work permit (EAD).

The announcement about visa prioritization at embassies by DOS has no impact on those processing AOS through USCIS.