DV 2021 AOS Only

[rabey]

I'm currently on F1 initial OPT status until July 2021, because this is a nonimmigrant intention visa will any problems arise when I submit the DS-260 as this will show immigration intent?
- Will my current OPT be canceled?
- Or will my current OPT still be valid until July 2021 while in the process of getting a green card?

1. As long as you maintain the requirements of the status, you are still considered as OPT until your AoS adjudicated. and if your case gets denied then you will fall back to OPT.
2. same as above, but if you apply and use the EAD card (I-765) then you will become AoS pending and you will not have a fall back status.

 

[Chuchuaaa]

1. Yes, it’s been done. You can search user KK2019’s posts to see how it can be accomplished even in a rush right near the end of the FY.
2. You inform at your AOS interview (it will also he indicated in the appropriate fields on the ds260 iirc). You do need to be proactive.
3. How long it takes to transfer the case depends on your FO, the consulate concerned (busier consulates will take longer to schedule interviews) and your being proactive to make sure your FO has sent the file and that the consulate has received it and will schedule an interview.
4. Your husband will submit his documentation at the consulate he interviews at, they are the ones who will issue his visa.

Thank you so much @SusieQQQ for referring to KK2019's posts!!! I feel more comfortable after seeing a previous successful case.

Just a few things to clarify:

1. (Sorry I'm not familiar with the DS-260 system yet.) Do we need to submit our DS-260 simultaneously? Can I submit mine first to proceed with AOS? And he can submit his DS-260 later after he decides whether to do AOS/CP?
2. Assuming he decides to proceed with CP and indicates it in his DS-260 (while I'm still doing AOS), will he or I receive the email from KCC to upload his documentation?
3. @Sm1smom mentioned in one of KK2019's posts that try to submit I-824 to the IO during the interview. Is this the formal way to request USCIS to notify a U.S. Consulate so my spouse may follow-to-join me? Do I need to do anything else? (and yes, being proactive!)

I apologize if my questions are getting trivial. We really want to have a good understanding before we make any decision. Thank you all for your support!

 

[Troy123]

1. Generally no, unless it happened in Virginia, where the rules are frankly bizarre. But you'll have to check specifically for your state just to make sure. Did he say that you can avoid a court appearance by paying the fine? That's usually how it works, and if that's the case here, then I doubt you're being charged with a crime. Look on the ticket to see if there's a box he ticked that says "violation" or "infraction" as opposed to "crime".

2. There's a section in the I-485 for this. If you check the instructions for that form, it explains under what circumstances additional documention is required for traffic stuff. I presume you need to disclose it on the form though regardless. It's a section I'm not looking forward to because I've had a few tickets myself...

thank you for your information! My ticket says it is an infraction.

 

[SusieQQQ]

Thank you so much @SusieQQQ for referring to KK2019's posts!!! I feel more comfortable after seeing a previous successful case.

Just a few things to clarify:

1. (Sorry I'm not familiar with the DS-260 system yet.) Do we need to submit our DS-260 simultaneously? Can I submit mine first to proceed with AOS? And he can submit his DS-260 later after he decides whether to do AOS/CP?
2. Assuming he decides to proceed with CP and indicates it in his DS-260 (while I'm still doing AOS), will he or I receive the email from KCC to upload his documentation?
3. @Sm1smom mentioned in one of KK2019's posts that try to submit I-824 to the IO during the interview. Is this the formal way to request USCIS to notify a U.S. Consulate so my spouse may follow-to-join me? Do I need to do anything else? (and yes, being proactive!)

I apologize if my questions are getting trivial. We really want to have a good understanding before we make any decision. Thank you all for your support!

1. I think (If @Sm1smom thinks differently please say so!) it will be best if you decide what to do before either so you submit. Again if I am remembering correctly, on your ds260 you are also supposed to indicate whether your derivative will be immigrating with you or later (or not at all, but that option sounds not applicable to your case)
2. I don’t know, the KCC requests are a fairly new thing, and they don’t go to AOS applicants (which you will be). It may be that he doesn’t get such a request at all as he is not principal. (But would be appreciated if you keep us up to date on developments if you go this route to help others with the info!)
3. Yes, i824 is the form for action on an approved case, which includes follow to join. So would definitely recommend you have one filled in to take to the interview.

all the above subject to correction by sm1smom

 

[fauchc]

Hello everyone,
questions about equivalency evaluation for I-944:

1. Do I need equivalency evaluation even for my high school diploma or it applies only for academic degrees?

2. I have a Bachelor, Master and PhD degree all from my home country: do I need evaluation for all of them or having evaluated just the highest (PhD) is enough?

Hi guys,

I checked online and actually I found out that for making the evaluation agencies want original documents mailed to them plus the price for each document is quite high; so I was wondering whether would make sense to have evaluated only my HS diploma (to be on the safe side as you guys suggested) and my PhD degree, skipping my Bachelor and Master Degree.

In your experience, would this be a good idea?

 

[Sm1smom]

Thank you so much @SusieQQQ for referring to KK2019's posts!!! I feel more comfortable after seeing a previous successful case.

Just a few things to clarify:

1. (Sorry I'm not familiar with the DS-260 system yet.) Do we need to submit our DS-260 simultaneously? Can I submit mine first to proceed with AOS? And he can submit his DS-260 later after he decides whether to do AOS/CP?
2. Assuming he decides to proceed with CP and indicates it in his DS-260 (while I'm still doing AOS), will he or I receive the email from KCC to upload his documentation?
3. @Sm1smom mentioned in one of KK2019's posts that try to submit I-824 to the IO during the interview. Is this the formal way to request USCIS to notify a U.S. Consulate so my spouse may follow-to-join me? Do I need to do anything else? (and yes, being proactive!)

I apologize if my questions are getting trivial. We really want to have a good understanding before we make any decision. Thank you all for your support!

In addition to what Susie already said, my suggestion will be to still go ahead and submit the applicable documents to KCC with a note indicating he is submitting his documents because he’s processing FTJ (regardless of if you get the email request or not). Fingers crossed, KCC will begin the needed review on his documents prior to his interview like they do for all CPers.

 

[2020AS00011xxx]

Hi guys,

I checked online and actually I found out that for making the evaluation agencies want original documents mailed to them plus the price for each document is quite high; so I was wondering whether would make sense to have evaluated only my HS diploma (to be on the safe side as you guys suggested) and my PhD degree, skipping my Bachelor and Master Degree.

In your experience, would this be a good idea?

You can have all your degrees evaluated in one document over email by www.fis-web.com
It costs you $190 and takes around 2 weeks.

 

[fauchc]

That's a great news thank you!

 

[catspajamas]

Hi.
My CN is AS22*** and I’m in the US on H1b visa. Since my CN is high, I plan to do CP first. But if the ongoing proclamation is extended after January, can I switch to AOS? I’m assuming my CN will not be current soon anyway, so changing from CP to AOS won’t be a problem or does it make a delay in process?
Or rather, should I plan to do AOS first and decide whether I should switch to CP or not, when my CN seems to be cutoff due to high number? Any comments, suggestions is appreciated.

 

[janu1990]

Thank you @rabey and @Sm1smom.

So basically I can wait to request an evaluation for my HS diploma for now and do it only if it will be requested for the interview, correct?

1. If i have my Bachelors and Masters in the USA , do i still need to evaluate my HS ( my high school is edexcel GCE OL and GCE AL which is recognized internationally)

2. Also do i need to enter high school in form i 944 or is Bachelors and Masters Sufficient?

 

[rabey]

1. If i have my Bachelors and Masters in the USA , do i still need to evaluate my HS ( my high school is edexcel GCE OL and GCE AL which is recognized internationally)

2. Also do i need to enter high school in form i 944 or is Bachelors and Masters Sufficient?

1. If you have any degree in US then you don't need any evaluation. As far as I know, you only need GCE A/L for the H.S diploma. read this post.
2. I-944 instructions clearly says what you need to enter. Follow the instructions.

 

[Chuchuaaa]

1. I think (If @Sm1smom thinks differently please say so!) it will be best if you decide what to do before either so you submit. Again if I am remembering correctly, on your ds260 you are also supposed to indicate whether your derivative will be immigrating with you or later (or not at all, but that option sounds not applicable to your case)
2. I don’t know, the KCC requests are a fairly new thing, and they don’t go to AOS applicants (which you will be). It may be that he doesn’t get such a request at all as he is not principal. (But would be appreciated if you keep us up to date on developments if you go this route to help others with the info!)
3. Yes, i824 is the form for action on an approved case, which includes follow to join. So would definitely recommend you have one filled in to take to the interview.

all the above subject to correction by sm1smom

In addition to what Susie already said, my suggestion will be to still go ahead and submit the applicable documents to KCC with a note indicating he is submitting his documents because he’s processing FTJ (regardless of if you get the email request or not). Fingers crossed, KCC will begin the needed review on his documents prior to his interview like they do for all CPers.

Thank you @SusieQQQ and @Sm1smom so much!!
We will evaluate what would work better for us (AOS or CP). I will definitely come back and share our experience.
(I might have more questions that need your assistance before this is all done )

 

[ausdoughnuts]

On the DS-260 employer address section - do I list the physical headquarters office (where I do not work out of) or do I list where I physically work which is at home as the position is remote?

 

[Sm1smom]

Heads UP DV2021 AOSers : be aware of upcoming fee changes effective Oct. 2nd,

I-485 (adult) gets reduced from $1,140 to $1,130. - 1% price reduction = -$10
I-485 (minor) gets increased from $750 to #1,140 (same as an adult). - 51% price increase = +$380
Biometric Services reduced from $85 to $30. 65% price reduction -$55 -65

This new fee structure is effective Oct. 2nd, 2020. Any application postmarked on or after this date must be accompanied by the new payment structure or your package will be rejected the Chicago Lockbox.

USCIS Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements

USCIS Adjusts Fees to Help Meet Operational Needs

 

[Sm1smom]

Hi.
My CN is AS22*** and I’m in the US on H1b visa. Since my CN is high, I plan to do CP first. But if the ongoing proclamation is extended after January, can I switch to AOS? I’m assuming my CN will not be current soon anyway, so changing from CP to AOS won’t be a problem or does it make a delay in process?
Or rather, should I plan to do AOS first and decide whether I should switch to CP or not, when my CN seems to be cutoff due to high number? Any comments, suggestions is appreciated.

Yes you can switch from CP to AOS. If you’re yet to submit yourDS260 form, you might as well wait and see to get a better feel of how things are proceeding.

 

[Sm1smom]

On the DS-260 employer address section - do I list the physical headquarters office (where I do not work out of) or do I list where I physically work which is at home as the position is remote?

Use your company’s headquarters office address.

 

[Sm1smom]

Heads UP DV2021 AOSers : be aware of upcoming fee changes effective Oct. 2nd,

I-485 (adult) gets reduced from $1,140 to $1,130. - 1% price reduction = -$10
I-485 (minor) gets increased from $750 to #1,140 (same as an adult). - 51% price increase = +$380
Biometric Services reduced from $85 to $30. 65% price reduction -$55 -65

This new fee structure is effective Oct. 2nd, 2020. Any application postmarked on or after this date must be accompanied by the new payment structure or your package will be rejected the Chicago Lockbox.

USCIS Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements

USCIS Adjusts Fees to Help Meet Operational Needs

In addition, filing an I-131 or I-765 with the I-458 will no longer be free:

I-131 (previously free when filed with an I-485 increased from $575 to $590 - 3% price increase = $15 (or 103% price increase since it used to be free when filed with the I485).
I-765 (previously free when filed with an I-485 increased from $410 to $550 - 34% price increase = $140 (or 134% price increase since it used to be free when filed with the I485).

 

[Nanamizuki]

In addition, filing an I-131 or I-765 with the I-458 will no longer be free:

I-131 (previously free when filed with an I-485 increased from $575 to $590 - 3% price increase = $15 (or 103% price increase since it used to be free when filed with the I485).
I-765 (previously free when filed with an I-485 increased from $410 to $550 - 34% price increase = $140 (or 134% price increase since it used to be free when filed with the I485).

thank you for your updated!

 

[janu1990]

Hi ,
I read that there was an injunction on public charge ( form I-944). As per USCIS i 485 postmarked after july does not need the form I-944 however they say that they will refer to following :
" In any public charge inadmissibility determination, USCIS will consider the receipt of public benefits consistently with prior public charge guidance – the 1999 Interim Field Guidance (PDF) and AFM Ch. 61.1. (PDF, 77.92 KB)"

Does this mean there is a OLD form that we need to submit instead of the new I944?

 

[Sm1smom]

Hi ,
I read that there was an injunction on public charge ( form I-944). As per USCIS i 485 postmarked after july does not need the form I-944 however they say that they will refer to following :
" In any public charge inadmissibility determination, USCIS will consider the receipt of public benefits consistently with prior public charge guidance – the 1999 Interim Field Guidance (PDF) and AFM Ch. 61.1. (PDF, 77.92 KB)"

Does this mean there is a OLD form that we need to submit instead of the new I944?

Form I-134 was heavily relied on for DV based AOSers who are unable to demonstrate personal financial strength. So take a look at the AOS process spreadsheet, “Evidence of Financial Support” under the “AOS Package” tab for what may be used outside of the I-944.

On a side note, please be aware this injunction could be overturned at any time. My recommendation is to continue to gather the listed documents for the I-944 in advance. If the injunction is still in place when you’re ready to file, then you can ignore the I-944. You don’t want to be caught off guard or unprepared when the injunction suddenly gets lifted.