DV 2021 AOS Only

[88lucky21]

It’s hypothetical because by the time it will get approved the fiscal year will be almost near the end, if not over. Even in a normal year AOS is very often completed before AP/i131 (I’m sure this is mentioned in the spreadsheet?), and the processing of i131 is much delayed at present.
AoS is done by your FO, it’s a different process entirely to I131 which is done by a uscis service center.
AOS needs to be completed by 30 Sept as I am sure you know, so the expiration of your OPT in Nov 2021 is only relevant if you don’t complete AOS and have kept your underlying status.

Thank you, this is clear and much appreciated! I did read something about this in the spreadsheet, but wanted to double check - appreciate your guidance.

 

[Sm1smom]

Hi Mum, Sussie, and other moderators,

I'm expecting my number to appear in the DV bulletin released in Feb. I know that I can bank on the DV bulletin progressing but I want to make sure I'm prepared.

I am going through all of my paperwork and have a few clarification questions. I apologize that this is long, and I know you don't provide reassurances, just opinions.

1. The filing fees remain at $1,225, And that includes the cost of I-765 and I-131? There was mention of a new filing fee in early posts, and later it mentioned they haven't gone into effect yet?
2. I have requested my tax transcripts, is there anything I should be worried about here? To my knowledge, I have filed correctly. Also, the IRS website only allows you to pull transcripts from the last four years should I be reaching out to them to see if it's possible to get older ones? Or, the last four are the only available ones, and therefore the only ones that matter?
3. Do all international HS transcripts need to be evaluated, even if they are in English?
4. There was a period between my OPT and H1B where I was unable to work as my EAD had expired but my H1B visa hadn't been issued yet, this was due to the initial covid slow of visa processing. The law firm suggested this wasn't a big issue, which I took to mean that I wasn't out of status. If I can provide copies of pay stubs to show that I wasn't working during that transition, in your opinion will I have issues (my employer is a university)?

I know that many of these questions may seem over the top but I just want to make sure I'm giving myself the best chance possible of success.

I appreciate you all very much!

1. Yes that is the fee as of today.
2. I don’t know what’s on your IRS tax transcript so I have no way of knowing if there’s anything you need to be worried about. You only need the most recent tax filing, not sure why you want to get older records.
3. No they do not, unless requested by a specific FO.
4. Precisely how long is this period between when OPT expiration and H1B approval?

 

[Sm1smom]

Additional question:
5. the ASC and FO locations are found by entering your postal code on the USCIS website right?

Yes.

 

[ZacCaz]

1. Yes that is the fee as of today.
2. I don’t know what’s on your IRS tax transcript so I have no way of knowing if there’s anything you need to be worried about. You only need the most recent tax filing, not sure why you want to get older records.
3. No they do not, unless requested by a specific FO.
4. Precisely how long is this period between when OPT expiration and H1B approval?

2. In relation to the tax return, figured it was better to have them all. I will only be submitting the most recent.
3. Good to know. I wasn't sure if that was something I should be doing... they were accepted by my US college so figured they would be okay.
4. My EAD card expired on 5/7/20, at which time I was terminated from my position. My H1B was approved on 5/22/20 and is valid through 5/7/23. I was rehired after the H1 was approved. The application was for H1B was submitted prior to my EAD expiring.

 

[Sm1smom]

2. In relation to the tax return, figured it was better to have them all. I will only be submitting the most recent.
3. Good to know. I wasn't sure if that was something I should be doing... they were accepted by my US college so figured they would be okay.
4. My EAD card expired on 5/7/20, at which time I was terminated from my position. My H1B was approved on 5/22/20 and is valid through 5/7/23. I was rehired after the H1 was approved. The application was for H1B was submitted prior to my EAD expiring.

3. US college acceptance of your HS diploma without it being evaluated has nothing to do with wether USCIS may require an evaluation or not. A few FOs have been known to make such a request.
4. The period is less than 60, you were basically within the grace period in that case. Doesn’t look like you were out of status.

 

[ZacCaz]

3. US college acceptance of your HS diploma without it being evaluated has nothing to do with wether USCIS may require an evaluation or not. A few FOs have been known to make such a request.
4. The period is less than 60, you were basically within the grace period in that case. Doesn’t look like you were out of status.

3. so worth getting it all evaluated... fit in with the frontloading theory.
4. Great news!!!

Thank you, Mom! You are the best.

 

[HappyDV2021]

I'm pretty sure this isn't how it's supposed to work, but my biometrics are done...

This morning I received a letter from USCIS that stated "The record shows a new or updated fingerprint submission is needed. You are instructed to report to any Application Support Center below to complete a new set of fingerprints on :"

The "date" listed was "Monday - Friday, 8:00am - 3:30pm" and the list of ASC's was every ASC in Northern California (8 of them). There was no specific time or date, no specific ACS, and no barcode, but the box on the letter labeled "Code 3, FP & Biometric" was ticked.

So I jumped in the car and rocked up at San Jose. At the front desk they initially claimed what I had wasn't the right thing, that I needed an appointment letter with a specific time/date/barcode, and tried to turn me away. I pointed out that the letter I had was from USCIS, and the specific sentence above "instructing" me to report to an ACS which was what I was doing! The first guard/receptionist called in someone else, who called in a third person, who then disappeared with my letter and ID for a minute or so before coming back and saying I was good!

When I got to the biometrics area the guy was again a little confused, but took it in his stride. The actual processing was a little more manual than I think it's supposed to be as they didn't have a barcode to scan with my details, but they entered the details manually and everything seems to have gone off without a hitch.

All up, biometrics completed less than an hour after I received the letter, with about 20 minutes of that time being in the ACS.

Could you add your data to the AOS timeline? It would help everyone.

Thank you.

 

[roxife]

hey!
I have a CRN AS8*** and I’m currently in US and I was wondering if I were to go forward through AOS and I graduate in may of 2021, will it have any negative effect in my AOS application?
As far as I’ve understood, I’ll still be in F1 status until 3 months after my graduation and after that I can start my OPT. Am I right or is there something I’m missing?
Thankyou.

 

[HappyDV2021]

I have my USCIS interview scheduled first thing Monday morning in NYC. The forecast for Monday is currently 90% chance of snow, is there a way to find out in advance of showing up if USCIS is closed due to inclement weather? Given its Friday to Monday, I am not hopeful they will update their website on Sunday.

How did your interview go? We all are rooting for you.

 

[Sm1smom]

hey!
I have a CRN AS8*** and I’m currently in US and I was wondering if I were to go forward through AOS and I graduate in may of 2021, will it have any negative effect in my AOS application?
As far as I’ve understood, I’ll still be in F1 status until 3 months after my graduation and after that I can start my OPT. Am I right or is there something I’m missing?
Thankyou.

1. Not quite sure I understand your question - are you asking if you will still be eligible to file AOS if your CN becomes current after you graduate in May 2021?
2. To be on the safe side, don't wait until after graduation to apply for OPT. Your OPT application eligibility window opens up from 90 days before graduation, I recommend you take advantage of that.

 

[Emmanuel Kay]

I have a quick question
I mailed my documents through USPS on the 25th January priority mail and they said it will be delivered on the 28th but haven’t deliver it yet. It says “in transit” from 28 till now. can I send a new packet or I should wait.? Thank you.

 

[Sm1smom]

I have a quick question
I mailed my documents through USPS on the 25th January priority mail and they said it will be delivered on the 28th but haven’t deliver it yet. It says “in transit” from 28 till now. can I send a new packet or I should wait.? Thank you.

Have you contacted USPS first to find out why it is still reading in transit, since it was supposed to have been delivered on 1/28? Rushing to send in another package is not the solution at the moment.

 

[SusieQQQ]

I have a quick question
I mailed my documents through USPS on the 25th January priority mail and they said it will be delivered on the 28th but haven’t deliver it yet. It says “in transit” from 28 till now. can I send a new packet or I should wait.? Thank you.

USPS times have been a bit messed up lately. I sent two priority packages at the same time from the same post office to the same address (about a week and a half ago) and one took 3 days longer than the other. I’d wait a few days longer.

 

[Alisher2]

Hi Sm1smom,
It looks like I'm one of those unlucky people whose case is stuck for some reason. There is no update from USCIS since Nov. 30 and the USCIS service rep only told me that I'm currently in line to be scheduled to a biometric appointment and that I can only contact them back if I do not see an update within 90 days from when my case was scanned into the system (Nov. 22, 2020). I understand that I should patiently wait till Feb. 20, but I would like to submit online inquiry for case follow up to get any update from tier 2 specialist as well.

You previously answered another person that it is possible to submit online inquiry if it's been over 60 days since he last heard about his case from USCIS. I was trying to submit the form in my own, but I get a message:
"Your application or petition is currently within the posted processing times. An inquiry may not be created at this time."

Do you know, if there is any trick to submit that inquiry in my case?

Thank you in advance.

 

[88lucky21]

Hi guys, I'm currently filling out my I-485. Hoping you can help with a couple questions.

1. A-Number - I'm currently on OPT status and have my EAD card. Is the USCIS# listed on there my Alien Registration Number?

2. Double checking re part 1, q24 "What is your current immigration status (if it has changed since your arrival)?" if I entered on F1 and am now on OPT, is it technically the same and still under F1?

3. Part 2 - it says to attach a Form I-797 and this is also listed in the AOS package. I have an I-797 from my OPT petition. Do I need to include this physical photocopy? Also, does this count under "Receipt number of underlying petition (if any)?"

Thank you!!

 

[Jkarry]

Dear Mom,
EU14XXX
E-2 status.
Last day if employment is February 28, 2021.

Am I right about the following:
I can do AOS if my number is current between March and June, as long as I file before end of April ( when my 2 months grace period ends)

Because of taking advantage of 2 months grace period, prepaid fees, and be able to file as soon as I am published to be current « in next month ».
Your opinion will matter a lot. Thank you

 

[Sm1smom]

Hi Sm1smom,
It looks like I'm one of those unlucky people whose case is stuck for some reason. There is no update from USCIS since Nov. 30 and the USCIS service rep only told me that I'm currently in line to be scheduled to a biometric appointment and that I can only contact them back if I do not see an update within 90 days from when my case was scanned into the system (Nov. 22, 2020). I understand that I should patiently wait till Feb. 20, but I would like to submit online inquiry for case follow up to get any update from tier 2 specialist as well.

You previously answered another person that it is possible to submit online inquiry if it's been over 60 days since he last heard about his case from USCIS. I was trying to submit the form in my own, but I get a message:
"Your application or petition is currently within the posted processing times. An inquiry may not be created at this time."

Do you know, if there is any trick to submit that inquiry in my case?

Thank you in advance.

Try the Did Not Receive Notice By Mail option. Under the notice type, select "Other"

 

[Sm1smom]

Hi guys, I'm currently filling out my I-485. Hoping you can help with a couple questions.

1. A-Number - I'm currently on OPT status and have my EAD card. Is the USCIS# listed on there my Alien Registration Number?

2. Double checking re part 1, q24 "What is your current immigration status (if it has changed since your arrival)?" if I entered on F1 and am now on OPT, is it technically the same and still under F1?

3. Part 2 - it says to attach a Form I-797 and this is also listed in the AOS package. I have an I-797 from my OPT petition. Do I need to include this physical photocopy? Also, does this count under "Receipt number of underlying petition (if any)?"

Thank you!!

1. That is your non-immigrant A#. You should still go ahead and provide that number.
2. You're still in F1 status.
3. Include a copy of "any" I-797 you have. And no, that I-797 does not count as the "Receipt number of underlying petition (if any)" - leave that section blank as it does not apply to DV based AOS applications.

 

[Sm1smom]

Dear Mom,
EU14XXX
E-2 status.
Last day if employment is February 28, 2021.

Am I right about the following:
I can do AOS if my number is current between March and June, as long as I file before end of April ( when my 2 months grace period ends)

Because of taking advantage of 2 months grace period, prepaid fees, and be able to file as soon as I am published to be current « in next month ».
Your opinion will matter a lot. Thank you

The answer to this question is still the same as I provided you with back on Nov. 11th. If your employment ends on Feb. 28th, your status effectively ends on that day. While you are not accruing any illegal presence for the next two months after Feb. 28th (because of the two months grace period), you have no status to adjust from effective the next day.

If your CN becomes current before Feb. 28th, you file for AOS and the Chicago Lockbox accepts your AOS package before Feb. 28th, you are AOS eligible (even if you're no longer employed after Feb. 28th). Alternatively, get a new job during your 2 months' grace period before your CN becomes current and before filing AOS

 

[ysss]

Hi Mom,
Thank you very for your efforts.
I am on F1 student visa and I was on DV2021 my CN is AF43XXX. I am waiting for my CN to become current but I paid the $330 to State Dept. Would it affect my future NIV given that my number might not become current?
Kind regards,