Sm1smom
Super Moderator
I would include the military service records if this was my case, to at least demonstrate my obligatory service is over.
DV 2022 AOS (Adjustment of Status) Only
- Thread starter Sm1smom
- Start date
jeanmobayed
New Member
Hello everybody. I paid my DV fee six weeks ago, and included a SASE, but I've not received my receipt yet. I already emailed KCC last week asking for a digital copy and got no response. I was planning on sending my package June 1st, the day I become current. Would be wise to keep waiting or should I just file and eventually take my receipt to the interview?
Thank you for your help.
Thank you for your help.
A few people have filed without the receipt. Check out the timeline. There is a slight chance of rejection but a lot of people were successful
SusieQQQ
Well-Known Member
Then the extract mom provided for you is relevant. If you interview after the H1B has expired and the extension has not yet been approved, any AOS approval would depend on the extension first being approved. If it is not, or if it is not approved before fiscal year end, you would have no green card and have to leave the US. I’m not clear, have you already filed an extension? I am not familiar with H1B extensions specifically - is there some kind of premium processing option available? Because most extensions of non immigrant status take longer than a year to process at present, which could run you out of time. i765 is a work permit and will do nothing to help on the eligibility side for AOS.
My employer hasn't filed for my extension yet. There is premium processing available that can take 15 days to process. I guess my options are to either file with premium processing or to not file for an extension at all?
I came to the US on F1 status but I changed my major and transferred to another school when I arrived here. (My school is different on my visa). My visa was also expired two years ago. I also changed my school after 6 months I attended. Do I need to have all of my I-20s even the one that I never attended?
Sm1smom
Super Moderator
The I-20s are used as proof of maintaining valid status. You can decide on if you wish to include them all or not.
I have paid the AOS DV Admin fee (which was cashed May 6th) I now want to switch back to CP as I can get an interview at the Suva, Fiji embassy. My original embassy is Auckland, New Zealand but Fiji have been accepting cases from NZ and Australia. I emailed the Suva embassy and they replied saying they will contact KCC and request my case for an interview in Suva in August. Being I’ve already paid the AOS fee will my case now be with USCIS? Should I email the KCC and tell them I no longer want to do AOS or should I tell Suva to tell KCC? When you pay the fee does KCC still have your case? Or is it not until you send in the package that your case is moved?
atomic_chop
Member
So, you were in New Zealand when you won the DV. You then travelled to the US to switch to AOS and submitted your packet. And now you want to switch back to CP and travel to Fiji to wait for an interview? Sounds like you have more means than the typical DV applicant
Could you not just go the more standard route to a GC with whomever sponsored you for the O-1?Yeah I was in NZ when I won - I've been living there since Covid hit in 2020. I actually had plans to fly to the US and apply for AOS next week (I sent the DV check to a friend in the US to post to the DOS before I arrived) so I haven't actually arrived in the US or submitted the package. Then I found out about the Suva option which will be much cheaper. When I submitted the DS260 it was for CP in Auckland which was the preferred route. I can't do the GC sponsored route at this stage it's complicated..So, you were in New Zealand when you won the DV. You then travelled to the US to switch to AOS and submitted your packet. And now you want to switch back to CP and travel to Fiji to wait for an interview? Sounds like you have more means than the typical DV applicant
atomic_chop
Member
Ah I see, that makes sense. Best of luck. It sounds like Suva has been saving the day for many in OC.
SusieQQQ
Well-Known Member
You’re not supposed to “plan to fly to the US to AOS” on a non immigrant visa anyway. I’ve never even heard of anyone getting a friend to send the Dv fee before they got there! That would undoubtedly show immigrant intent not allowed on a non immigrant visa, and It doesn’t sound like you have an H or L visa? Unfortunately you’ve really complicated it for yourself. Submission of the DV fee is the signal to KCC that you are doing AOS so yes you would need to communicate to them that you now plan to do CP after all. No, it’s not Suva’s job to do that for you. When you say that Suva said they’d request the case from KCC, I’m assuming you didn’t tell them you had submitted a fee for AOS already? How long ago was the DV check submitted to KCC?
I’m on a dual intent visa (O-1) so I think I can show immigrant intent. But yeah you’re right I have complicated it for myself now! I’ve emailed KCC a couple of time saying I want to switch back to CP from AOS. Haven’t had any response yet. The check was cashed May 6th. And no initially I didn’t tell Suva I had submitted the AOS fee but I followed up telling them after they had requested my case from KCC.
I have had an email from KCC in the past saying “Your case number is now current for interview processing. Once the interview date has been scheduled, you will receive notification via email to check https://dvprogram.state.gov. If you need to make changes to your DS-260 you should contact the consular section where you will be interviewed, or bring the information about your changes to your interview appointment. Because your case is ready to be scheduled, KCC can no longer unlock your application.”
Does this mean they no longer have my file?
SusieQQQ
Well-Known Member
From that email, your file was ready for consular processing, but I presume that was before you sent the check for AOS. Seeing as it has been cashed, I assume your file is now flagged for AOS.
so it depends when they get around to seeing and acting on your emails, bearing in mind they are likely inundated with all the new 2023 selectees right now.
Yeah they sent that to me when I emailed them about changing from CP to AOS before I sent the check. So how do I get unflagged? Is the only way to email KCC and hope they do it?
tintin2022
Active Member
Thanks mom. I asked @crazycatlover about his husband case and she said she attached a cover letter to her AOS package but I am not sure if it's a good idea. I was wondering if it would be a good idea explaining that I'm on asylum pending status and didn't accumulate unlawful presence and I entered legally to the US. Do you think this would make the case more sensitive or it would help. Sorry I know it's a tricky question and there is no and yes answer but would like to know your opinion. thanks
tintin2022
Active Member
Did you receive your DV fee receipt?
No still haven’t received it yet
Sm1smom
Super Moderator
I honestly can’t tell you what to do in this situation, this is your case. You’ll need to decide on what you think, (not what I think) is good for you. From my standpoint, it doesn’t matter what is written or not written on the cover letter, the IOs are well trained enough to know what to look out for, even with applications that are not accompanied by a cover letter (which is the case for a lot of applications).
Sm1smom
Super Moderator
This is correct Susie, I covered this discussion with the OP back in March when they started exploring the possibility of flying down to the US with the express purpose of filing AOS upon their CN becoming current.
Yes the O-1 visa allows for a soft dual intent (soft dual intent as in not in the same category as a H-1B or L-1 visa), and it is typically issued for the duration of an “event”, your signified intent of filing for AOS (with the AOS Administrative fee payment) could have led to an admission denial at the POE considering you were not using the O-1 visa for its designated purpose. You were not returning to the US for the “event” for which the visa was issued for but to file for AOS. If asked at the POE for the purpose of your visit and you declared you were coming in to file for AOS because you hold a O-1 which you believe allows you to show an immigrant intent, you would have been denied an admission into the US.
Anyway, that is all water under the bridge now, but I I just it was important to state this for the benefit of other readers or future selectees who may find themselves in a similar situation.