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DV 2021 AOS Only

Sm1smom said:
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)
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Thank you so much mom!! You are the best!
 
Hi all!
A quick ques : Do we need to include transcripts from our university?
We r PhDs students at the advanced stage in the program i.e. we r taking dissertation credits only. We will include enrollment certificates, annual contracts as TAs though.
 
Sm1smom said:
1. Expectations for applicants to demonstrate they’re unlikely to become a public charge still applies.
2. You don’t need employment “verification letters for all past employment”, not sure where you got that impression from. The recommendation to include the employment verification letter is in support of 1 above, nothing to do with meeting DV eligibility requirements.
3. You can request KCC unlock the DS260 form (which they may decline to do with all regions being current). That error however is not a big deal. You’ll have the opportunity to provide the right information on your I-485, I believe.
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Thank you for the clarification.
For Q2, under 6. Employment Documents (if applicable),
the spreadsheet lists, a) Copy of Employment letter or Employment verification letter.
This is listed right after 5. Education, so I assumed it was for the part of the eligibility verification document. This is also listed separately from 7. Evidence of Financial Support.
Can I ignore #6 entirely?

4. What is the minimum dollar amount to not need I-134 for two adults? I have been keeping a job as a school teacher for the past 8 years in US and we have US liquid assets of at least 60K with no debts.

Thank you.
 
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dapapa said:
Hi all!
A quick ques : Do we need to include transcripts from our university?
We r PhDs students at the advanced stage in the program i.e. we r taking dissertation credits only. We will include enrollment certificates, annual contracts as TAs though.
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No transcripts needed
I’m also like you.
Just included HS diploma (which is required) + BS & MS diploma (which is optional)
 
Hello! I received a letter invitation to attend my interview later this month, but I have not done biometrics. I thought that the biometrics appointment comes before the interview, so I am a bit confused. I called USCIS, and they said that the tire 2 agent would have to call me back and verify the appointment because this is not a usual situation, and they do not have any more information. Has anyone dealt with something like this before?

p.s. I have never had fingerprints taken by USCIS before, so I know they cannot reapply them.

I would appreciate any help with this.
 
I'm reading the instructions for filing I-485. Under "Evidence of Continuously Maintaining a Lawful Status Since Arrival in the United States", I was including "Form I-797 approval notices for all extensions and changes of nonimmigrant status".

For my wife, I have an I-20 with the program end date on June 2, 2016. On June 1, 2016, she received the following email from the lockbox for her OPT application:

"Your case has been accepted and routed to the USCIS Potomac Service Center for processing. Within 7-10 days by standard mail you will receive your official Receipt Notice (Form I-797) with your Receipt Number XXXX. With the official Receipt Notice (Form I-797) you may visit uscis.gov where you can check the status of your case using My Case Status. We suggest you wait until you have received your Form I-797 before checking My Case Status."

We don't have that I-797 anymore, but we do have an RFE letter dated on August 26, 2016, which states that "your responce must be recieved in this office by November 21, 2016". Her EAD card was valid starting from September 12, 2016.

Question:
1. What evidence should we present to show her lawful status from June 2, 2016 until September 12, 2016?
2. Is there a way to get our hands on that I-797 through USCIS website?
 
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Coffee&Books said:
Hello! I received a letter invitation to attend my interview later this month, but I have not done biometrics. I thought that the biometrics appointment comes before the interview, so I am a bit confused. I called USCIS, and they said that the tire 2 agent would have to call me back and verify the appointment because this is not a usual situation, and they do not have any more information. Has anyone dealt with something like this before?

p.s. I have never had fingerprints taken by USCIS before, so I know they cannot reapply them.

I would appreciate any help with this.
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It is not that unusual in my opinion. If you look at other timelines on the spreadsheet, it has happened to other people this year. If you don't get a biometrics appointment scheduled before the interview, the IO will simply have to wait to make a decision on your case until your fingerprints are taken and a background check is completed.
 
Coffee&Books said:
Hello! I received a letter invitation to attend my interview later this month, but I have not done biometrics. I thought that the biometrics appointment comes before the interview, so I am a bit confused. I called USCIS, and they said that the tire 2 agent would have to call me back and verify the appointment because this is not a usual situation, and they do not have any more information. Has anyone dealt with something like this before?

p.s. I have never had fingerprints taken by USCIS before, so I know they cannot reapply them.

I would appreciate any help with this.
Click to expand...

If you look at this year's timeline in the spreadsheet, you'll see that this year many folks got their interview letter before biometrics. If you won't do biometrics before the interview, 3 things may happen:

1. You go for the interview but the officer will not go ahead because you didn't do biometrics yet. Your interview will be rescheduled;

2. If your ASC and FO are in the same building they may allow you to do the biometrics the day of the interview without appointments (although I'm not sure this ever happened this year);

3. You will do your interview and wait for the biometrics appointment and background check.
 
Question about lawful presence in the past:
I have both my DS2019 for when I was an Au Pair under a J1. The program allows you to stay for 30 extra days after your finish date (or like the last day you are authorized to work and hired by the family/agency) to travel, and that is how Au Pair agencies sell it.
So my DS2019 lists the end date in March and then I traveled during the month of April with my family, I have not had any issues after that when applying for other visas or coming to the US under an ESTA; but for the AOS, do I need to prove it? If yes, how? Thank you
 
Has anyone used an sponsor recently? What did they send with the I134? I read the post about I134 sponsor and required documents, also read the spreadsheet. I am still unsure what he needs to send as USCIS website is listing other documents as well
 
teitake said:
Thank you for the clarification.
For Q2, under 6. Employment Documents (if applicable),
the spreadsheet lists, a) Copy of Employment letter or Employment verification letter.
This is listed right after 5. Education, so I assumed it was for the part of the eligibility verification document. This is also listed separately from 7. Evidence of Financial Support.
Can I ignore #6 entirely?

4. What is the minimum dollar amount to not need I-134 for two adults? I have been keeping a job as a school teacher for the past 8 years in US and we have US liquid assets of at least 60K with no debts.

Thank you.
Click to expand...
1. You can do away with any document listed on the spreadsheet which you not not wish to include (the list is a "recommendation" not a "must"), you have that choice. Just wondering why the reluctance to include employment related documents if you're legally authorized to work and you're working based on that authorization.
2. Take a look at the link for the poverty guideline to determine the applicable level for your situation
 
Blade_ said:
I'm reading the instructions for filing I-485. Under "Evidence of Continuously Maintaining a Lawful Status Since Arrival in the United States", I was including "Form I-797 approval notices for all extensions and changes of nonimmigrant status".

For my wife, I have an I-20 with the program end date on June 2, 2016. On June 1, 2016, she received the following email from the lockbox for her OPT application:

"Your case has been accepted and routed to the USCIS Potomac Service Center for processing. Within 7-10 days by standard mail you will receive your official Receipt Notice (Form I-797) with your Receipt Number XXXX. With the official Receipt Notice (Form I-797) you may visit uscis.gov where you can check the status of your case using My Case Status. We suggest you wait until you have received your Form I-797 before checking My Case Status."

We don't have that I-797 anymore, but we do have an RFE letter dated on August 26, 2016, which states that "your responce must be recieved in this office by November 21, 2016". Her EAD card was valid starting from September 12, 2016.

Question:
1. What evidence should we present to show her lawful status from June 2, 2016 until September 12, 2016?
2. Is there a way to get our hands on that I-797 through USCIS website?
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1. Don't overthink this. She did get approved in September, right? Well in order to get approved, she must have filed for OPT sometime before - USCIS can figure that out.
2. You can submit a FOIA request which will take several months to be processed if you like.
 
DV21M said:
Question about lawful presence in the past:
I have both my DS2019 for when I was an Au Pair under a J1. The program allows you to stay for 30 extra days after your finish date (or like the last day you are authorized to work and hired by the family/agency) to travel, and that is how Au Pair agencies sell it.
So my DS2019 lists the end date in March and then I traveled during the month of April with my family, I have not had any issues after that when applying for other visas or coming to the US under an ESTA; but for the AOS, do I need to prove it? If yes, how? Thank you
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What does your I-94 for that period show?
 
Sm1smom said:
1. You can do away with any document listed on the spreadsheet which you not not wish to include (the list is a "recommendation" not a "must"), you have that choice. Just wondering why the reluctance to include employment related documents if you're legally authorized to work and you're working based on that authorization.
2. Take a look at the link for the poverty guideline to determine the applicable level for your situation
Click to expand...
Thank you.
I was wondering if I have to ask for a certificate of employment from my past work places since I'm missing a couple of offer letters. I have all I-797s for each of employer. Do these suffice or should I get the letter?
That was the reason.

Thank you.
 
teitake said:
Thank you.
I was wondering if I have to ask for a certificate of employment from my past work places since I'm missing a couple of offer letters. I have all I-797s for each of employer. Do these suffice or should I get the letter?
That was the reason.

Thank you.
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Goodness! You don’t need certificate of employment, employment letters, or whatever they’re called from all the places you’ve worked or past employers. You only need for the current employment should you choose to provide one.
 
Sm1smom said:
What does your I-94 for that period show?
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It just says departure on April 2018 (and the DS2019 is listed until March 2018) and then the next arrival was on June with an ESTA, but it doesn't specify anything else or specify the visa I was with
 
DV21M said:
It just says departure on April 2018 (and the DS2019 is listed until March 2018) and then the next arrival was on June with an ESTA, but it doesn't specify anything else or specify the visa I was with
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I'm asking about admit till date listed on the I-94 you were issued with when you originally entered the US or what was stamped on your passport at the POE, not the information listed in the travel history section of the I-94 website.
 
Sm1smom said:
I'm asking about admit till date listed on the I-94 you were issued with when you originally entered the US or what was stamped on your passport at the POE, not the information listed in the travel history section of the I-94 website.
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Oh! My bad. I do not have that I94, the one I currently have which is under an F1 it says "D/S" The stamp for the J1 only says the date of the entry and also "D/S", the visa was only valid for a year but in the Au Pair program they let you extend for a second year with a new DS2019 they issue and then you can go home and renew the J1 if you wanna travel outside the US or stay with the DS and expired visa if you won't travel outside of the country; since I decided not to travel, I did not renew the visa and just stayed with the new DS.
And then I stayed what Au Pair agencies call "travel month"
 
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