Right but maybe KCC must officially confirm to the officer before he makes a decision. Also, maybe they haven't sent him my file and he is waiting for that too. I don't really know. Mom may have some helpful insight.
DV 2021 AOS Only
- Thread starter Sm1smom
- Start date
I think you didn't submit DS260. May be that's the reason.
IO need your file and visa number from KCC to approve your case. Some, IOs get this in advance but others do this after the interview. So, this is normal.
raphael1899
Well-Known Member
Yes, I was just surprised because other people whose cases could not be approved at the time of the interview were just waiting for the Biometrics appointment, so that's what caused it.
That could be. But I received 2NL from KCC stating that they are aware that I am doing AOS.
You can call KCC and ask if your file was request by your FO, this way you know if you are getting close
raphael1899
Well-Known Member
Thank you for clarifying that. It makes sense.
Thanks @rabey. I will do that.
Sm1smom
Super Moderator
You’re technically speaking still on F1 with pending or approved OPT. You’re not rolling imo AOS pending.
SusieQQQ
Well-Known Member
They need to officially contact KCC via a system (I don't recall its name, something -web) to get an actual visa number to allocate to the case. They can't just say "i know there are enough available" and grant it. The officer was simply following procedure. For AOS, visa numbers cannot be allocated in advance like they are with CP.
The delay in my opinion is likely to do with the parallel petition in the system. Hopefully won't take too long to clear up.
raphael1899
Well-Known Member
Thank you, Susie. I was confused because I hadn't heard about this before. But thanks for explaining.
Is there such thing as no visas available anymore? Has that happened?
raphael1899
Well-Known Member
I think so since there are only 55k visas available (50k in past years) and about 130k selectees (not to mention derivatives as well). The point is that once all visas have been adjudicated, you can't get one even if you were selected.
SusieQQQ
Well-Known Member
Yes, there are years they run out of visas. This is really only an issue towards the end of the fiscal year (they spread out issuance in a usual year). We did have some fairly recent cases, I think it was two years ago (sm1smom might confirm or correct the year) where some people here interviewing near the end of the FY were told there were no visa numbers available. As mentioned above, they cannot reserve visa numbers in advance for AOS like they do for CP when a consular interview is scheduled.
raphael1899
Well-Known Member
So there is no need to worry about no visa availability if you have already filed your AOS case, right? This is only going to be a concern later this year?
Thanks, Susie! Hopefully it clears up soon.
SusieQQQ
Well-Known Member
the 130k or whatever selectee number they mention does include derivatives, even though that is not very clear from the way they state it. But 130k in a normal year is still too much. This year, with half of it lost to CP interviews, it may be ok. Hard to tell because of the lawsuits.
It depends on when you interview, not when you file. As i said (in two recent posts above) they cannot reserve visa numbers in advance for AOS. The IO will request a visa number (i looked up the system, it is called IVAMS-web) at or after your interview.
Sm1smom
Super Moderator
USCIS is dealing with a tremendous back-up from back in the 2rd and 3rd qtr of 2020 when the offices were closed to the public due to the outbreak of the corona virus pandemic. The log jam continues to pile up unfortunately (as thousands of people continue to file). That explains why your bio appointment is still pending. Call the USCIS 1800 number and try to schedule a call back with a tier 2 person (I think you can also get EMMA - the online system to schedule a call back?), the tier 2 person may be able to fast track and schedule the bio for you.
Sm1smom
Super Moderator
The IO isn't necessarily contacting KCC to confirm visa availability or request for one. They log into a central system known as Immigrant Visa Allocation Management System (IVAMSWEB) to retrieve the visa number once an approval decision has been made. The Early Filing Memo which most of you are familiar with describes the visa allocation process.
Additional read on IVAMSWEB for anyone interested in learning more about the system.
Sm1smom
Super Moderator
You need to contact KCC to find out if your IO has requested your KCC file, if yes, follow up by asking to know when it was requested, and when KCC sent the file.