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DV 2021 AOS Only

Hello Mom,

When I was filling I-485, I forgot to mention my wife's volunteer work during her post-completion OPT. My plan was to correct this during the interview. The Interview tab of the spreadsheet suggests to "provide documents confirming the new information". I understand that the OPT employment info are available on her SEVIS record.

Question: Should we ask the international students office at her former school to send us a letter confirming the employment or we simply correct the info during the interview as IO has access to her SEVIS record?
 
SusieQQQ said:
yes, it could be complicated. What is the exact date your i94 has expired or will expire? If an extension is pending and your original i94 has expired, you are not in status (you are not accruing unlawful presence during the pendency, but you are not in status). You cannot adjust status if you are not in status.
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Thanks for the reply.

My i94 has expired in March and extentions is pending since that time.

From what you are saying I am not able to apply for AOS. Should I try to speak with uscis or this is not even worth trying?
 
VValod said:
Thanks for the reply.

My i94 has expired in March and extentions is pending since that time.

From what you are saying I am not able to apply for AOS. Should I try to speak with uscis or this is not even worth trying?
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You are not in status and you need to be in status to adjust. You are running out of time because you will only be reinstated for a maximum of 6 months from when your i94 expired, you again did not give the exact date but if it expired in March even if you get approved (which is not a certainty) it will be sometime in September. It cannot be approved before your biometrics are done, which is also sometime in September, you just said “early”. So your window to apply is between some unknown date after your biometrics IF approved, and 6 months after your i94 has expired.

FYI this is what the uscis manual says about pending applications in the context of bars to adjustment of status:
www.uscis.gov

Chapter 3 - Unlawful Immigration Status at Time of Filing (INA 245(c)(2))

An applicant is barred from adjustment of status if the applicant is in an unlawful immigration status on the date of filing the adjustment application.
www.uscis.gov

D. Difference between Lawful Immigration Status and Period of Authorized Stay​

Lawful immigration status is distinct from being in a period of authorized stay. Periods of authorized stay are only relevant when determining a noncitizen’s accrual of unlawful presence for inadmissibility purposes. [17] Although a noncitizen in a lawful immigration status is also in a period of authorized stay, the opposite is not necessarily true. Those in a period of authorized stay may or may not be in a lawful immigration status.

Officers consider the difference between lawful immigration status and a period of authorized stay when determining whether an applicant is in lawful immigration status for purposes of the INA 245(c)(2) adjustment bar.

E. Effect of Pending Application or Petition​

A pending application to extend or change status (Form I-129 or Form I-539), a pending adjustment application, or a pending petition does not confer lawful immigration status on an applicant. In addition, a pending application or petition does not automatically afford protection against removal if the noncitizen’s status expires after submission of the application. The noncitizen may have no actual lawful status in the United States and may be subject to removal proceedings unless and until the extension of stay (EOS) application, change of status (COS) application, adjustment application, or petition is approved.

And I am not sure if you read the info sheet from uscis on extending stay, but it does note

What if I file for an extension of stay on time but USCIS doesn’t make a decision before my I–94 expires?
Your lawful nonimmigrant status ends, and you are out of status, when your Form I-94 expires, even if you have timely applied
to extend your nonimmigrant status.
 
MKH said:
Update from Nashville, TN. We received both our Bio(Aug 30th) and IL(Sept 7th) today.
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congratulation! Does it mean you received 2 bios for your both packages and one IL for your first package?
what is your plan for your second package? do not you want to withdraw it?
 
alves.sebastiao said:
when I worked at university dining, they used to have the same system. They always had one paycheck behind.
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My husband has worked at the head offices of 3 very large organizations here and never heard of anyone paying like that, regardless seniority level. Interesting to know, must be hard for people at their first job who need deposits for rent etc.
 
SusieQQQ said:
You are not in status and you need to be in status to adjust. You are running out of time because you will only be reinstated for a maximum of 6 months from when your i94 expired, you again did not give the exact date but if it expired in March even if you get approved (which is not a certainty) it will be sometime in September. It cannot be approved before your biometrics are done, which is also sometime in September, you just said “early”. So your window to apply is between some unknown date after your biometrics IF approved, and 6 months after your i94 has expired.
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Thanks so much!

yeah, sorry for not providing the dates:

my I94 expired March 6th, I filed extension in Feb 02. Just got Fingerprint appointment for Sep 03, which sort of does not make sense as I need to leave by Sep 05...

I was hoping that I can do AoS given that I am DV winner, but it appears that I can't do this while I have pending extension for my B1/B2... I am Canadian citizen by the way, but from what I understand it makes no difference.
 
VValod said:
Yeah, so I applied for consular processing last year, but I am in the USA, B1/B2 - I extended my stay for another 6 months due to COVID-19. And now my number is current,
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VValod said:
Last February, extension is still pending, just got biometric for the beginning of the Sep. "the reasons why you extended stay would be temporary..." well, I was genuinely planning to depart. Filed the extension to avoid traveling during pandemic.

"arrangements you have made to depart from the United States"? Does this mean plane tickets? yeah. didn't provide those.


Are you saying it would be complicated to do AOS while on B1/B2 extension?
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So this means your initial authorized stay has already expired and you’re currently waiting for your EOS application to be approved? Since you currently have no valid status to adjust from, you’re not eligible to file a DV based AOS application.
 
VValod said:
Thanks so much!

yeah, sorry for not providing the dates:

my I94 expired March 6th, I filed extension in Feb 02. Just got Fingerprint appointment for Sep 03, which sort of does not make sense as I need to leave by Sep 05...

I was hoping that I can do AoS given that I am DV winner, but it appears that I can't do this while I have pending extension for my B1/B2... I am Canadian citizen by the way, but from what I understand it makes no difference.
Click to expand...
A Canadian citizen who used COVID-19 as an excuse to file an EOS when Canada did it shut it’s doors against citizens? Anyways, that is an aside currently irrelevant to the conversation or eligibility for a DV based AOS filing.
 
Love00 said:
Hey mom! So, I recently graduated and i started working starting July 12 of this year. But my company has this policy to hold pay of 1 month. Meaning my first pay stub was yesterday and it was for the first week that I worked(dated 07/12/2021 to 07/15/2021).

So, my question is, will I need to any other documents in order to verify my employment, like a employment verification letter? Or just one of the paystub will be fine?

Thankyou
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You should be fine with your employment offer letter or an employment verification letter.
 
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