DV 2021 AOS Only

Sm1smom

Super Moderator
Hi Mom,

My case number is AS17XX and live in US on F-1 visa. Planning to go for AOS.

I am guessing that my visa number will become current on November. I understand that you usually recommend against early filing for those who become current on October or November. But what if, when the next visa bulletin is published (say Sep 15th) and I find that my number is current on November as per the advanced notice, what if I file on October 1st? Isn't it less of a problem if I file on October 1st since this is the beginning of the new fiscal year meaning that USCIS officers are less likely to make the mistake of rejecting my application due to early filing?

I understand that nothing is guaranteed, but I wanted to hear your opinion.

Thanks a lot for the great forum!
You already wrote what my opinion is regarding early filing when it comes to Oct/Nov CNs, not sure which additional opinion you’re seeking.

Take advantage of the early filing option if you like, it is your your case, your call.
 
I have a question re evidence of financial sufficiency in our AOS package. I was wondering what documents I should include in my and my spouse's packages, according to our backgrounds e.g bank statements, W2's, I-134, m0rtgage records?

We have held F2 (DV applicant) and F1 (derivative) status since entered the US. As main applicant I have never had income or filed for tax while in the US, I am a medical graduate with a doctorate degree. Wife is studying her PhD and has been receiving funding from her school.

Should we include any documents regarding our home-ownership in addition to bank statements? Do you suggest finding a sponsor for i-134?
 

rabey

Active Member
I have a question re evidence of financial sufficiency in our AOS package. I was wondering what documents I should include in my and my spouse's packages, according to our backgrounds e.g bank statements, W2's, I-134, m0rtgage records?

We have held F2 (DV applicant) and F1 (derivative) status since entered the US. As main applicant I have never had income or filed for tax while in the US, I am a medical graduate with a doctorate degree. Wife is studying her PhD and has been receiving funding from her school.

Should we include any documents regarding our home-ownership in addition to bank statements? Do you suggest finding a sponsor for i-134?
Attaching an I-134 will strengthen your AOS application in terms of avoiding public charge rule (given that your family has only one income, i-134 will help for sure).
P.S. keep an eye on public charge rule, the requirement of I-944 is temporally suspended but if it become effective by the time you send your AOS package you may need to fill I-944 and send supporting documents.
 
Attaching an I-134 will strengthen your AOS application in terms of avoiding public charge rule (given that your family has only one income, i-134 will help for sure).
P.S. keep an eye on public charge rule, the requirement of I-944 is temporally suspended but if it become effective by the time you send your AOS package you may need to fill I-944 and send supporting documents.
Thanks, I am aware of the current I-944 situation and keeping an eye on it. There is no wonder attaching an i-134 helps avoiding public charge rule, but getting somebody to fill out the form can be a bit of a challenge for me, due to our limited contact circle. Is the I-134 something that is a requirement for AOS package to be considered? It is true that we've had only one source of income in the US, but there are several positive points in our financial situation too. We are both 35 and highly educated, home-owners, and have sufficient savings account. My understanding was that the officer would consider all the evidence together to determine whether you are likely to become a public charge, and providing (or lack of) I-134 does not necessarily qualify/disqualify the applicant on financial grounds. Is this accurate?
 

rabey

Active Member
Thanks, I am aware of the current I-944 situation and keeping an eye on it. There is no wonder attaching an i-134 helps avoiding public charge rule, but getting somebody to fill out the form can be a bit of a challenge for me, due to our limited contact circle. Is the I-134 something that is a requirement for AOS package to be considered? It is true that we've had only one source of income in the US, but there are several positive points in our financial situation too. We are both 35 and highly educated, home-owners, and have sufficient savings account. My understanding was that the officer would consider all the evidence together to determine whether you are likely to become a public charge, and providing (or lack of) I-134 does not necessarily qualify/disqualify the applicant on financial grounds. Is this accurate?
I-134 is not required. As you already mentioned, the IO will consider overall application. In my case (F1 student with an assistantship), I didn't submit I-134 since I couldn't find anyone who could sponsor me. But I've got approved without any issue (again, each applicant are different and carry different weights on the facts). So, if you can not find one, it's what it is.
 
Hello Everyone. And congratulations.

I have won the Dv for 2021 and elected to go with the AOS which I have already paid the $330 and gotten the receipt with stamp.
However, my current visa will expire at the end of May 2021 (I-94 expires 2022) and my case number is OC 1350+.

Going of the last 5 years of visa bulletins, my case number will not be ready until July/August perhaps June best case.

I am still conflicted as wether I should stay in the USA to file once my visa has expired or return back to Australia to file from there.

Is it possible to go back from AOS to CP?
Is it a fast process?
I am in two minds at the moment in regards to which would be the fastest and easiest way for myself.


Any advice or information would be greatly appreciated.
 

Sm1smom

Super Moderator
Hello Everyone. And congratulations.

I have won the Dv for 2021 and elected to go with the AOS which I have already paid the $330 and gotten the receipt with stamp.
However, my current visa will expire at the end of May 2021 (I-94 expires 2022) and my case number is OC 1350+.

Going of the last 5 years of visa bulletins, my case number will not be ready until July/August perhaps June best case.

I am still conflicted as wether I should stay in the USA to file once my visa has expired or return back to Australia to file from there.

Is it possible to go back from AOS to CP?
Is it a fast process?
I am in two minds at the moment in regards to which would be the fastest and easiest way for myself.


Any advice or information would be greatly appreciated.
You certainly can’t remain in the US, nor file for AOS if your current status has already expired before your CN becomes current. You’re required to be in a valid authorized status in order to be eligible to file AOS.

Yes it is possible to switch from AOS to CP, however you can’t wait for too long to make the switch as you will need to give KCC enough time to process your DS260, send in required documents, and have those processed also before KCC can schedule your CP interview after your CN becomes current.
 
Hi, Could you give me an advice.
I have number EU6800 and expect it to become current in November/December. I plan to move to other place in the same area somewhere in December.
Should I rent a PO box and use it as a mailing address in USCIS, so that I wouldn't have a problem with change of mailing address and would know, that my GC still is going to be shipped to PO box after I change my physical address?
 

Sm1smom

Super Moderator
Hi, Could you give me an advice.
I have number EU6800 and expect it to become current in November/December. I plan to move to other place in the same area somewhere in December.
Should I rent a PO box and use it as a mailing address in USCIS, so that I wouldn't have a problem with change of mailing address and would know, that my GC still is going to be shipped to PO box after I change my physical address?
Yes, that is a good idea.
 
Hi @Sm1smom,
My wife received her STEM OPT EAD yesterday. Now we are filling out the DS-260 forms and I have the following confusions:
1. Under the work/education section, I have listed my primary occupation as "Student" while I am working as a Graduate Assistant at the university. Do I need to separately add new employment to indicated my current work as a Graduate Assistant?
2. I am currently pursuing Ph.D., so while listing the educational institutions, I tried to input today's date under "Date of Attendance To:" but I was not able to do that and I have used yesterday's date in there. Is this what I have to do for an ongoing study?
3. Under security and background sections, "Do you have documentation to establish that you have received vaccinations in accordance with U.S. Law?" I answered Yes to this question. Am I correct?
4. Under security and background sections, "Do you seek to enter the United States for the purpose of performing skilled or unskilled labor but have not yet been certified by the Secretary of Labor?" I answered No to this question. Am I correct?
 
Hi,
1) I have case number AS48** from Iran. I was wondering what date range would be a reasonable to do the medical exam.
2) In the I-485 form instruction it is mentioned that DV program applicants "Must Submit Form I-944 (and not Form I-864)". I was wondering if this is the latest rule (Since the form is 10/15/19)?
Thanks
 

rabey

Active Member
Hi,
1) I have case number AS48** from Iran. I was wondering what date range would be a reasonable to do the medical exam.
2) In the I-485 form instruction it is mentioned that DV program applicants "Must Submit Form I-944 (and not Form I-864)". I was wondering if this is the latest rule (Since the form is 10/15/19)?
Thanks
1. Your medical exam should be signed and dated no earlier than 60 days before you filled your application. so plan accordingly.
2.you can visit USCIS public charge page to see the latest information. By the time you fill your AoS ruling might be different.
 

Sm1smom

Super Moderator
Hi @Sm1smom,
My wife received her STEM OPT EAD yesterday. Now we are filling out the DS-260 forms and I have the following confusions:
1. Under the work/education section, I have listed my primary occupation as "Student" while I am working as a Graduate Assistant at the university. Do I need to separately add new employment to indicated my current work as a Graduate Assistant?
2. I am currently pursuing Ph.D., so while listing the educational institutions, I tried to input today's date under "Date of Attendance To:" but I was not able to do that and I have used yesterday's date in there. Is this what I have to do for an ongoing study?
3. Under security and background sections, "Do you have documentation to establish that you have received vaccinations in accordance with U.S. Law?" I answered Yes to this question. Am I correct?
4. Under security and background sections, "Do you seek to enter the United States for the purpose of performing skilled or unskilled labor but have not yet been certified by the Secretary of Labor?" I answered No to this question. Am I correct?
1. Yes, list the GA work under the employment section.
2. Leave the “TO” section blank, or disable java script in Adobe and type in “PRESENT”. You can also handwrite “PRESENT” after downloading the form.
3. Technically not quite correct, but it doesn’t matter whether you select Yes or No, you’re still going to do the medical exam anyways.
That is correct.
 

Sm1smom

Super Moderator
Hi,
1) I have case number AS48** from Iran. I was wondering what date range would be a reasonable to do the medical exam.
2) In the I-485 form instruction it is mentioned that DV program applicants "Must Submit Form I-944 (and not Form I-864)". I was wondering if this is the latest rule (Since the form is 10/15/19)?
Thanks
1. You’ll need to monitor the VB to see how the CNs are progressing, then target the medical exam date completion to ensure it is within the 60 days within of when the Chicago Lockbox formally accepts your AOS package.
2. I-864 is not applicable to DV based AOS application.
 
1. Yes, list the GA work under the employment section.
2. Leave the “TO” section blank, or disable java script in Adobe and type in “PRESENT”. You can also handwrite “PRESENT” after downloading the form.
3. Technically not quite correct, but it doesn’t matter whether you select Yes or No, you’re still going to do the medical exam anyways.
That is correct.
Thanks for your response @Sm1smom
 
You certainly can’t remain in the US, nor file for AOS if your current status has already expired before your CN becomes current. You’re required to be in a valid authorized status in order to be eligible to file AOS.

Yes it is possible to switch from AOS to CP, however you can’t wait for too long to make the switch as you will need to give KCC enough time to process your DS260, send in required documents, and have those processed also before KCC can schedule your CP interview after your CN becomes current.
Thanks for the heads up.

If I could pick your brain one more time it would be appreciated.

My CN is 1360OC+, my visa (e3) expires on the last day of May 2021.

If my CN becomes available before my visa expires, I then apply for AOS but my visa becomes expired by the time of the interview (current I-94 however), will I be able to continue with the interview on the bases that I applied for the AOS whilst my visa is current?

If this is the case, do we have anyway to predict what month roughly my CN would come available?

Looking over past years my case number would NOT be available to July. However looking at the 2020 Dv my case number would be available in March. Which would be perfect.


Thanks for the help.
 

Sm1smom

Super Moderator
Thanks for the heads up.

If I could pick your brain one more time it would be appreciated.

My CN is 1360OC+, my visa (e3) expires on the last day of May 2021.

If my CN becomes available before my visa expires, I then apply for AOS but my visa becomes expired by the time of the interview (current I-94 however), will I be able to continue with the interview on the bases that I applied for the AOS whilst my visa is current?

If this is the case, do we have anyway to predict what month roughly my CN would come available?

Looking over past years my case number would NOT be available to July. However looking at the 2020 Dv my case number would be available in March. Which would be perfect.


Thanks for the help.
Ok I have to say I’m not sure you’re not using visa and authorized stay interchangeably. If you’re authorized stay (as shown by what is on your I-94) is still valid when your CN becomes current, as long as you file and your AOS package has been officially accepted by the Chicago Lockbox, it wouldn’t matter if your authorized stay expires after that, you get to remain in the US while the AOS application is pending. The question is when does your I-94 expire? Your visa expiration date is irrelevant for determining AOS filing eligibility.

I don’t guesstimate when the CN will become current.
 
Ok I have to say I’m not sure you’re not using visa and authorized stay interchangeably. If you’re authorized stay (as shown by what is on your I-94) is still valid when your CN becomes current, as long as you file and your AOS package has been officially accepted by the Chicago Lockbox, it wouldn’t matter if your authorized stay expires after that, you get to remain in the US while the AOS application is pending. The question is when does your I-94 expire? Your visa expiration date is irrelevant for determining AOS filing eligibility.

I don’t guesstimate when the CN will become current.

Thanks again for the reply.

The I-94 issue is what I am having trouble getting my head around.
The I-94 is current until 2022 but the visa expires in May 2021.

The reason for this apparently is the confusion with E3 visas and eb2 and eb3 with immigration officers.

Apparently a lot of E3 holders have been getting long duration I-94 dates, well past the visa expiration of the physical visa date. In my case, well past 12 months.

So I am unsure if I can use that I-94 date.
 
Thanks again for the reply.

The I-94 issue is what I am having trouble getting my head around.
The I-94 is current until 2022 but the visa expires in May 2021.

The reason for this apparently is the confusion with E3 visas and eb2 and eb3 with immigration officers.

Apparently a lot of E3 holders have been getting long duration I-94 dates, well past the visa expiration of the physical visa date. In my case, well past 12 months.

So I am unsure if I can use that I-94 date.
My understanding of E3 visa (I may be wrong) is that employment authorization terminates on the earliest of the following dates: (and the E3 visa holder has to depart from the US within 10 days of the earliest event)
The ending date of authorized stay noted on the I-94.​
The ending date on the LCA.​
The actual date that employment ends.​
Whenever there is a substantive change in the employment (title, hours, etc. see above).​

So if the ending date noted on your LCA is before the I-94 date, that is what determines when you’re no longer in status in this case, not the E3 visa stamp on your passport which is basically the document used in admitting you to the US.
 
hi i have a question on early filing ... do we need to wait for the current months visa bulleting to be out , then check its Section C to determine early filing OR can we go by upcoming visa bulletin and its Section C to do early filing
 
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