DV 2021 AOS Only

[SusieQQQ]

If I include my bachelors degree diploma, do I also have to include my high school diploma? Accessing the high school diploma is difficult right now. The fact that someone has a degree indicates they graduated high school right?

No, it doesn’t. Many countries have non traditional high school diploma methods to enter college - a GED (not acceptable under DV rules), a mature age exemption, access programs, etc. You may find an interviewing officer who overlooks the high school requirement if you have higher education but it is always preferable to have documentation to meet the actual requirement in case it is asked for.

 

[Lyazzat]

Hello Mom! Hello everyone! We were doing resubmit of DS-260, and now we can’t press “sign and complete” bottom of derivative applicant. We tried several browsers, wrote CN with and without zeroes, no gaps. What should we do?

 

[jasperrrr.c]

Transferring SEVIS Record
My AOS package was sent last week and maybe delivered by today.
I am finishing my bachelor's degree in a couple of weeks and transferring to a different school this August.

Does it matter when I initiate my SEVIS transfer, or should I wait for my AOS package to be accepted (Ex. getting NOA) before I transfer my SEVIS record to the new school?

Thank you.

 

[gg96]

We both got RFE. During the interview, officer asked me about I-765. I said I did not apply for it. Then he asked how I am working as teaching assistant and if I have an OPT. I was surprised by this question and I said our F1 status enables us to work as teaching assistants in the school. He said ok but he was not convinced apparently. In the RFE it says:

"Please submit proof of work authorization that allowed you to obtain employment under your F-1 visa status, from your time of employment to present. Such evidence could be in the form of an approved I-765, Application for Employment Authorization, OPT, etc."

We submitted all our I-20's, employment letters from our university, pay stubs, financial aid award letters, current enrollment certifications, transcripts etc all required documentation to show we are PhD students currently working as teaching assistants under F-1 status. Are we missing something?

It needs to be mailed to FO. What should we send? Can we give the package by hand to gain some time? Thank you!

 

[ishmog]

I finally shipped my AOS package today. I hope everything goes well. Thank you all for the help!

 

[hap3158]

Hello Mom and other helpful folks,

For the check of $1225 could I know what exactly meant by pre-printed check? I have a check which was given by the bank when I open the checking account. However, there I don't find my name.

Is it not a personal check?
Do I have to get it from my bank over the counter?

 

[omgastro]

We both got RFE. During the interview, officer asked me about I-765. I said I did not apply for it. Then he asked how I am working as teaching assistant and if I have an OPT. I was surprised by this question and I said our F1 status enables us to work as teaching assistants in the school. He said ok but he was not convinced apparently. In the RFE it says:

"Please submit proof of work authorization that allowed you to obtain employment under your F-1 visa status, from your time of employment to present. Such evidence could be in the form of an approved I-765, Application for Employment Authorization, OPT, etc."

We submitted all our I-20's, employment letters from our university, pay stubs, financial aid award letters, current enrollment certifications, transcripts etc all required documentation to show we are PhD students currently working as teaching assistants under F-1 status. Are we missing something?

It needs to be mailed to FO. What should we send? Can we give the package by hand to gain some time? Thank you!

That's weird that they asked for that. F1 students are allowed to work on campus. This is direct quote from USCIS "F-1 students may not work off-campus during the first academic year, but may accept on-campus employment subject to certain conditions and restrictions."

I'd recommend:
1) Refer to 8 CFR 214.2(9)(i) for on-campus employent. Print out and refer to that section.
2) Ask for a letter from DSO at your university for a letter verifying your eligibility for on-campus employment as TA.

 

[omgastro]

That's weird that they asked for that. F1 students are allowed to work on campus. This is direct quote from USCIS "F-1 students may not work off-campus during the first academic year, but may accept on-campus employment subject to certain conditions and restrictions."

I'd recommend:
1) Refer to 8 CFR 214.2(9)(i) for on-campus employent. Print out and refer to that section.
2) Ask for a letter from DSO at your university for a letter verifying your eligibility for on-campus employment as TA.

(9) Employment—(i) On-campus employment. On-campus employment must either be performed on the school's premises, (including on-location commercial firms which provide services for students on campus, such as the school bookstore or cafeteria), or at an off-campus location which is educationally affiliated with the school. Employment with on-site commercial firms, such as a construction company building a school building, which do not provide direct student services is not deemed on-campus employment for the purposes of this paragraph. In the case of off-campus locations, the educational affiliation must be associated with the school's established curriculum or related to contractually funded research projects at the post-graduate level. In any event, the employment must be an integral part of the student's educational program. Employment authorized under this paragraph must not exceed 20 hours a week while school is in session, unless the Commissioner suspends the applicability of this limitation due to emergent circumstances, as determined by the Commissioner, by means of notice in the Federal Register, the student demonstrates to the DSO that the employment is necessary to avoid severe economic hardship resulting from the emergent circumstances, and the DSO notates the Form I-20 in accordance with the Federal Register document. An F-1 student may, however, work on campus full-time when school is not in session or during the annual vacation. A student who has been issued a Form I-20 A-B to begin a new program in accordance with the provision of 8 CFR 214.3(k) and who intends to enroll for the next regular academic year, term, or session at the institution which issued the Form I-20 A-B may continue on-campus employment incident to status. Otherwise, an F-1 student may not engage in on-campus employment after completing a course of study, except employment for practical training as authorized under paragraph (f)(10) of this section. An F-I student may engage in any on-campus employment authorized under this paragraph which will not displace United States residents. In the case of a transfer in SEVIS, the student may only engage in on-campus employment at the school having jurisdiction over the student's SEVIS record. Upon initial entry to begin a new course of study, an F-1 student may not begin on-campus employment more than 30 days prior to the actual start of classes.

 

[dhanu159]

We both got RFE. During the interview, officer asked me about I-765. I said I did not apply for it. Then he asked how I am working as teaching assistant and if I have an OPT. I was surprised by this question and I said our F1 status enables us to work as teaching assistants in the school. He said ok but he was not convinced apparently. In the RFE it says:

"Please submit proof of work authorization that allowed you to obtain employment under your F-1 visa status, from your time of employment to present. Such evidence could be in the form of an approved I-765, Application for Employment Authorization, OPT, etc."

We submitted all our I-20's, employment letters from our university, pay stubs, financial aid award letters, current enrollment certifications, transcripts etc all required documentation to show we are PhD students currently working as teaching assistants under F-1 status. Are we missing something?

It needs to be mailed to FO. What should we send? Can we give the package by hand to gain some time? Thank you!

Its surprising to see a FO does not know that you can work on campus while on f1. I think you can get a letter from DSO in your school stating this is completely legal !

 

[gg96]

(9) Employment—(i) On-campus employment. On-campus employment must either be performed on the school's premises, (including on-location commercial firms which provide services for students on campus, such as the school bookstore or cafeteria), or at an off-campus location which is educationally affiliated with the school. Employment with on-site commercial firms, such as a construction company building a school building, which do not provide direct student services is not deemed on-campus employment for the purposes of this paragraph. In the case of off-campus locations, the educational affiliation must be associated with the school's established curriculum or related to contractually funded research projects at the post-graduate level. In any event, the employment must be an integral part of the student's educational program. Employment authorized under this paragraph must not exceed 20 hours a week while school is in session, unless the Commissioner suspends the applicability of this limitation due to emergent circumstances, as determined by the Commissioner, by means of notice in the Federal Register, the student demonstrates to the DSO that the employment is necessary to avoid severe economic hardship resulting from the emergent circumstances, and the DSO notates the Form I-20 in accordance with the Federal Register document. An F-1 student may, however, work on campus full-time when school is not in session or during the annual vacation. A student who has been issued a Form I-20 A-B to begin a new program in accordance with the provision of 8 CFR 214.3(k) and who intends to enroll for the next regular academic year, term, or session at the institution which issued the Form I-20 A-B may continue on-campus employment incident to status. Otherwise, an F-1 student may not engage in on-campus employment after completing a course of study, except employment for practical training as authorized under paragraph (f)(10) of this section. An F-I student may engage in any on-campus employment authorized under this paragraph which will not displace United States residents. In the case of a transfer in SEVIS, the student may only engage in on-campus employment at the school having jurisdiction over the student's SEVIS record. Upon initial entry to begin a new course of study, an F-1 student may not begin on-campus employment more than 30 days prior to the actual start of classes.

Its surprising to see a FO does not know that you can work on campus while on f1. I think you can get a letter from DSO in your school stating this is completely legal !

Thank you. I can't believe this is happening. I got used to explaining what DV is but I wouldn't think I would have to explain what F-1 status is to USCIS. Any suggestion is appreciated to solve this problem!

 

[Sm1smom]

Hello Mom! Hello everyone! We were doing resubmit of DS-260, and now we can’t press “sign and complete” bottom of derivative applicant. We tried several browsers, wrote CN with and without zeroes, no gaps. What should we do?

Is the derivative a male between ages 18-26?

 

[Sm1smom]

Transferring SEVIS Record
My AOS package was sent last week and maybe delivered by today.
I am finishing my bachelor's degree in a couple of weeks and transferring to a different school this August.

Does it matter when I initiate my SEVIS transfer, or should I wait for my AOS package to be accepted (Ex. getting NOA) before I transfer my SEVIS record to the new school?

Thank you.

Sorry, I can't provide guidance on when or how to maintain status, that question is outside the realm of DV based AOS processing guidance which I primarily focus on here. You will have to decide on your own, or someone else willing to help can take a stab at this.

 

[sirScience]

Hello,

Please give me the list of all documents and US immigration forms that my sponsor needs to send me for the AOS process.

CN AS89++
Single Applicant
Student - F1- No Employment

 

[bbs01]

Hello Mom and other helpful folks,

For the check of $1225 could I know what exactly meant by pre-printed check? I have a check which was given by the bank when I open the checking account. However, there I don't find my name.

Is it not a personal check?
Do I have to get it from my bank over the counter?

Do you see your checking account number on the check (bottom)? If so, it is your personal check that links to that account. The bank will check your signature when USCIS cash your check.

 

[bbs01]

Hello,

Please give me the list of all documents and US immigration forms that my sponsor needs to send me for the AOS process.

CN AS89++
Single Applicant
Student - F1- No Employment

Spreadsheet -> tab "AOS Package" -> cell "C44".

 

[onero]

We both got RFE. During the interview, officer asked me about I-765. I said I did not apply for it. Then he asked how I am working as teaching assistant and if I have an OPT. I was surprised by this question and I said our F1 status enables us to work as teaching assistants in the school. He said ok but he was not convinced apparently. In the RFE it says:

"Please submit proof of work authorization that allowed you to obtain employment under your F-1 visa status, from your time of employment to present. Such evidence could be in the form of an approved I-765, Application for Employment Authorization, OPT, etc."

We submitted all our I-20's, employment letters from our university, pay stubs, financial aid award letters, current enrollment certifications, transcripts etc all required documentation to show we are PhD students currently working as teaching assistants under F-1 status. Are we missing something?

It needs to be mailed to FO. What should we send? Can we give the package by hand to gain some time? Thank you!

That's really weird. How can IO does not know F1 as TA or RA can work on campus. I asked my department about my employment, they told me simply submit the offer or acceptance letter that has all te information about their offer and employment. Such a document should be enough to prove to you are working or being offered to work as a TA or RA on F1.

 

[hap3158]

Do you see your checking account number on the check (bottom)? If so, it is your personal check that links to that account. The bank will check your signature when USCIS cash your check.

yes, the account number is there. But my name is not there

 

[gg96]

That's really weird. How can IO does not know F1 as TA or RA can work on campus. I asked my department about my employment, they told me simply submit the offer or acceptance letter that has all te information about their offer and employment. Such a document should be enough to prove to you are working or being offered to work as a TA or RA on F1.

Not enough for every IO, I guess.

 

[Sm1smom]

We both got RFE. During the interview, officer asked me about I-765. I said I did not apply for it. Then he asked how I am working as teaching assistant and if I have an OPT. I was surprised by this question and I said our F1 status enables us to work as teaching assistants in the school. He said ok but he was not convinced apparently. In the RFE it says:

"Please submit proof of work authorization that allowed you to obtain employment under your F-1 visa status, from your time of employment to present. Such evidence could be in the form of an approved I-765, Application for Employment Authorization, OPT, etc."

We submitted all our I-20's, employment letters from our university, pay stubs, financial aid award letters, current enrollment certifications, transcripts etc all required documentation to show we are PhD students currently working as teaching assistants under F-1 status. Are we missing something?

It needs to be mailed to FO. What should we send? Can we give the package by hand to gain some time? Thank you!

Don't panic, be prepared to overwhelm the IO with "proof" as to your authorization for on-campus employment. Start with what is directly available of USCIS's website:

1. Print out and highlight the section on the Handbook for Employers M-274 where it clearly states:
"F-1 students may work on campus without approval from USCIS until they complete their course of study." - When you print out this page, be sure it shows the USCIS name and logo for authentication.

2. Print out and highlight the section on SEVIS/Employment from ICE where it states:
"An F-1 student automatically has permission to work on campus (unless he or she is a border commuter) but still needs to work with a DSO to ensure the job offered qualifies as on-campus employment.
An F-1 student will need certification letters from the DSO and the employer. The student must present these letters to officials at the local Social Security Administration office to get a Social Security number."
**You will need to get certification letters from your DSO if you do not already have that to include with the REF response**
**Take you time to review the above link to ICE, you'll see other sections you may be able to reference.

3. Print out and highlight the section 8 CFR 214.2(f)(6)(H) where it clearly states:
"On-campus employment pursuant to the terms of a scholarship, fellowship, or assistantship is deemed to be part of the academic program of a student otherwise taking a full course of study"
and 8 CFR 214.2(9)(i)

 

[Sm1smom]

Hello Mom and other helpful folks,

For the check of $1225 could I know what exactly meant by pre-printed check? I have a check which was given by the bank when I open the checking account. However, there I don't find my name.

Is it not a personal check?
Do I have to get it from my bank over the counter?

Your check is fine, even if it is not pre-printed with your name.