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DV 2022 AOS (Adjustment of Status) Only

Sm1smom said:
1. This was answered before. You must complete CP and enter the US first before your son can file for AOS as your derivative.
2. You do not have to write anyone or anywhere.
2b. The demonstrated immigrant intent should not impact OPT or grand school while he remains in the US. The impact of the declared immigrant intent comes into play if he departs from the US and needs to apply for a new NIV from the embassy (outside the US) to enable him return to the US.
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Thank you so much. Your answer is very helpful. It is because my number got current. I know that although the numbers get current, getting interviews also unpredictable. Again thanks so much for the answer to my third question. He is worried about the submitted DS 260 since he will be planning the STEM OPT and I was blaming myself for the mess. If I have found these informative websites I would not have done so. I appreciate your answer @Sm1smom.
 
Aprodita said:
Thank you so much. Your answer is very helpful. It is because my number got current. I know that although the numbers get current, getting interviews also unpredictable. Again thanks so much for the answer to my third question. He is worried about the submitted DS 260 since he will be planning the STEM OPT and I was blaming myself for the mess. If I have found these informative websites I would not have done so. I appreciate your answer @Sm1smom.
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Best of luck to you and your son.
 
Hi, my current H1-b status expires in September and my employer with be filling for the renewal soon. Is it likely my h1b doesn’t get approved because of my AOS application? I will be sending my AOS packet in a couple of days. I’m concerned about the scenario where my AOS gets approved and H1-b gets denied (because of AOS) and I might be out of work because I won’t have the GC in hand before my current H1-b expires.
 
Karan_B said:
Hi, my current H1-b status expires in September and my employer with be filling for the renewal soon. Is it likely my h1b doesn’t get approved because of my AOS application? I will be sending my AOS packet in a couple of days. I’m concerned about the scenario where my AOS gets approved and H1-b gets denied (because of AOS) and I might be out of work because I won’t have the GC in hand before my current H1-b expires.
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Not a known relation.

PS: I would understand if someone with F1 status be worried about his/her OPT application, but H1B is a dual intent visa, so what is the worry?
 
Karan_B said:
Hi, my current H1-b status expires in September and my employer with be filling for the renewal soon. Is it likely my h1b doesn’t get approved because of my AOS application? I will be sending my AOS packet in a couple of days. I’m concerned about the scenario where my AOS gets approved and H1-b gets denied (because of AOS) and I might be out of work because I won’t have the GC in hand before my current H1-b expires.
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What do you need the H-1B for if the AOS already got approved?
 
Hi @Sm1smom. We are ready to send the package. It came, yes today Sunday, the advisory opinion. I am in a J-1 status without the 212(e). Previously, I had another J-1 also without the 212(e) rule. My husband came at that time with me in another short program and he was subject to the 212(e) rule while I was in my J-1 again without 212(e). Then, when he came back to USA, he used my J-1 as J-2. Do I am subject too? The advisory came with his code field that I am subject. But I never had in my life that field code. He had it. So confusing.
 
Luci80 said:
Hi @Sm1smom. We are ready to send the package. It came, yes today Sunday, the advisory opinion. I am in a J-1 status without the 212(e). Previously, I had another J-1 also without the 212(e) rule. My husband came at that time with me in another short program and he was subject to the 212(e) rule while I was in my J-1 again without 212(e). Then, when he came back to USA, he used my J-1 as J-2. Do I am subject too? The advisory came with his code field that I am subject. But I never had in my life that field code. He had it. So confusing.
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Was your husband on a separate J1 or your derivative as a J2? If your husband was your J2 derivative and your J1 at that time was not subject to 212(e), your husband’s J2 shouldn’t have been subject to 212(e) either. Unless your J1 at that time was wrongly issued as not being subject to 212(e). If your husband got a waiver as your J2 derivative, then you probably should have applied for one also.
 
Luci80 said:
Also, he never asked for a J-2 as I started before my J-1 program so the DS2019 says 0 dependents
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Your post is quite confusing. Your husband’s J visa which was subject to 212(e), was it his own J1 or J2 as your derivative?
 
Hi @Sm1smom. Really, thanks for your help.
I was in J-1 from 2014-2016 no 2-1-2 e rule. In 2014, I wasn't married. We married in december 2014. He asked for the DS2019 before married, we married and he came with his J-1 subject to the 2 years. He spent 3 months in USA and came back to my home country. Then, he came back and applied for J-2 (under my J-1). My advisory opinion came with his field code. I never had a J-2 as I had the J-1.
 
Sm1smom said:
Your post is quite confusing. Your husband’s J visa which was subject to 212(e), was it his own J1 or J2 as your derivative?
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His own J-1. Then, finished his program and then came back to USA as my dependent (J-2) with my J-1 without 212(e).
 
Djata said:
Are you saying you cannot apply for AOS and OPT concurrently?
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NO! Im saying that "I would understand" because I was in their shoes. There is no known relation.

PS: Both my OPT and AOS applications got approved without an issue (within a month of each other)
 
The other thing that I am thinking if that DOS changed me my code field. Is that possible? I don't have that code fields in my DS-2019. I have 3 different programs and they didn't specify which one. But I don't have in any of them the codes that the advisory opinion came @Sm1smom. Thanks a lot! We have our package ready to send to USCIS.
 
Luci80 said:
Hi @Sm1smom. Really, thanks for your help.
I was in J-1 from 2014-2016 no 2-1-2 e rule. In 2014, I wasn't married. We married in december 2014. He asked for the DS2019 before married, we married and he came with his J-1 subject to the 2 years. He spent 3 months in USA and came back to my home country. Then, he came back and applied for J-2 (under my J-1). My advisory opinion came with his field code. I never had a J-2 as I had the J-1.
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So why did you apply for an advisory opinion if you were not subject to 212(e)? Your husband was based on his short lived J1, you were never a derivative of that, you shouldn’t have applied for a waiver then. Or is there something I’m missing here?
 
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