DV 2022 AOS (Adjustment of Status) Only

[SusieQQQ]

Hi,

My EAD recently got approved, and the expiration date on my EAD is 06/28/24. But I know I cannot work until 06/28/24. It depends on my status in the US. So my current status is F-1, and I will graduate in December.

1. I'm currently using my CPT to work for a company, and the expiration date of my CPT is 08/12/2022. Since I have the EAD, can I disregard my current CPT and just use my EAD to continue working?

2. May I ask how long I can work? Can I work until December or the fiscal year's end date (09/30/2022)?

Thank you.

Is the EAD based on the DV AOS application? if so it is valid till end of fiscal year (as that is the latest possible date to adjust on the basis on which you got the EAD) or, obviously, when you get your DV green card. Do note that if you use it instead of your CPT, then your student/cpt status is no longer valid and you cannot fall back on that if for any reason you don’t get your DV green card - you would in that case have to leave the US when denied or when the fiscal year ends without you getting LPR status.

 

[Luci80]

Hello good people,
I received my interview invite today for August 10th in Charleston SC. They asked me to go with documents that I already submitted including the medical form. I feel like its a generic letter but I could be wrong. Does it mean that they do not get the document we send as the package? I did my best to front load but seems like they need all the document? Is this the case for everyone or should I assume they have all the forms I documents in the package? Thank you so much guys!! Very helpful forum

Generic letter.

 

[SusieQQQ]

Thank you for the response. The EAD is based on the DV AOS application. My wife also received the EAD card, and she is on F2 since I’m on F1. Is she eligible to work now? If yes, she is eligible to work until 09/30/2022, right?

Yes, same issue, as soon as she uses it she is no longer on F2 status but becomes only adjustment pending, so if you guys or she alone does not get her green card by 30 September she will need to leave the US.

 

[SusieQQQ]

Yes, same issue, as soon as she uses it she is no longer on F2 status but becomes only adjustment pending, so if you guys or she alone does not get her green card by 30 September she will need to leave the US.

And just to make sure you know/understand
1) if you use your EAD, you are no longer in F1 status, therefore your wife loses her derivative F2 status too and also becomes adjustment pending. You can of course keep your F1 status if she uses her EAD as your status is not dependent on hers
2) if you use EADs but don’t have advance parole, you cannot travel outside the US before you get your green cards without abandoning the AOS application

 

[hl2915]

Yes, same issue, as soon as she uses it she is no longer on F2 status but becomes only adjustment pending, so if you guys or she alone does not get her green card by 30 September she will need to leave the US.

Just want to confirm, did you mean that if I use my EAD, both my F1(i20) & CPT will be terminated? I haven’t used it yet…btw is there any way that she can check her current status? Not sure if she’s on F2 or adjustment pending. Thanks

 

[SusieQQQ]

Just want to confirm, did you mean that if I use my EAD, both my F1(i20) & CPT will be terminated? I haven’t used it yet…btw is there any way that she can check her current status? Not sure if she’s on F2 or adjustment pending. Thanks

Yes.
She would only be on adjustment pending if her F2 is no longer valid, either because you used your EAD or she used hers (or she otherwise violated her status).

 

[hl2915]

Yes.
She would only be on adjustment pending if her F2 is no longer valid, either because you used your EAD or she used hers (or she otherwise violated her status).

Ok thanks!

 

[Thommygun]

Hello. We are from Europe. Case number is eu0002xx. We arrived as tourists in April 2021. in May we found out that my wife had won. We decided to apply for aos. The documents were submitted in October 2021. The fingerprints were handed over at the end of November 2021. USCIS case beginning is MSCxxxxx, New York City office. We tried to make expedite, but USCIS refused it. We extended our visas twice. Tell us please what we should do now. Thank you much.

 

[Sm1smom]

Hello good people,
I received my interview invite today for August 10th in Charleston SC. They asked me to go with documents that I already submitted including the medical form. I feel like its a generic letter but I could be wrong. Does it mean that they do not get the document we send as the package? I did my best to front load but seems like they need all the document? Is this the case for everyone or should I assume they have all the forms I documents in the package? Thank you so much guys!! Very helpful forum

Most likely a generic IL. Nonetheless, you should plan on attending your interview with copies of your submitted forms, originals of your documents, and any other pertinent document you can think of that could potentially help with your case.

 

[Sm1smom]

Hello. We are from Europe. Case number is eu0002xx. We arrived as tourists in April 2021. in May we found out that my wife had won. We decided to apply for aos. The documents were submitted in October 2021. The fingerprints were handed over at the end of November 2021. USCIS case beginning is MSCxxxxx, New York City office. We tried to make expedite, but USCIS refused it. We extended our visas twice. Tell us please what we should do now. Thank you much.

By New York City office, do you mean the New York, NY FO at 26 Federal Plaza? I need you to answer the following date related questions below to help me better understand what’s going on with your case:
1. What was the expiration date of your I-94 when you were admitted into the US in April 2021?
2. When did you file your first EOS application? Was it approved? If yes, when and what was the duration of granted extension?
3. When did you file your second EOS application? What is the current status of that application?

 

[Thommygun]

By New York City office, do you mean the New York, NY FO at 26 Federal Plaza? I need you to answer the following date related questions below to help me better understand what’s going on with your case:
1. What was the expiration date of your I-94 when you were admitted into the US in April 2021?
2. When did you file your first EOS application? Was it approved? If yes, when and what was the duration of granted extension?
3. When did you file your second EOS application? What is the current status of that application?

Thanks for the quick reply. Yes, New York 26 federal plaze.
1. The middle of October
2. We filed in the beginning of October. It's still pending. We passed fingerprints though on December.
3. The end of March. Our lawyer advised to us to do it.
Yes we have lawyer also. He sent to USCIS letter with description of our situation and why they should get to us the expedite. But no replies thank you

 

[Sm1smom]

Thanks for the quick reply. Yes, New York 26 federal plaze.
1. The middle of October
2. We filed in the beginning of October. It's still pending. We passed fingerprints though on December.
3. The end of March. Our lawyer advised to us to do it.
Yes we have lawyer also. He sent to USCIS letter with description of our situation and why they should get to us the expedite. But no replies thank you

I need the specific dates:
1. I-94 specific date (day/month)
2. First EOS application filing date (day/month)
3. AOS application filing date (day/month)
4. Second EOS application filing date (day/month)
5. The biometrics you completed in December, was that tied to the first EOS or the AOS application?

p.s. Your lawyer asked you to file a second EOS after you had already sent in your AOS application? (I’m guessing you paid your lawyer for that service?) A good immigration lawyer will never ask their client to file an EOS after that client already filed for AOS.

 

[SusieQQQ]

p.s. Your lawyer asked you to file a second EOS after you had already sent in your AOS application? (I’m guessing you paid your lawyer for that service?) A good immigration lawyer will never ask their client to file an EOS after that client already filed for AOS.

for two reasons, 1 being AOS pending already, 2 being how do you sincerely demonstrate the non-immigrant intent (reasons to return home as required) after AOS has been filed?

Thanks for the quick reply. Yes, New York 26 federal plaze.
1. The middle of October
2. We filed in the beginning of October. It's still pending. We passed fingerprints though on December.

can you clarify if you filed AOS in Oct 2021 before or after the EOS filing that month, and before or after your i94 expired?

 

[Thommygun]

I need the specific dates:
1. I-94 specific date (day/month)
2. First EOS application filing date (day/month)
3. AOS application filing date (day/month)
4. Second EOS application filing date (day/month)
5. The biometrics you completed in December, was that tied to the first EOS or the AOS application?

p.s. Your lawyer asked you to file a second EOS after you had already sent in your AOS application? (I’m guessing you paid your lawyer for that service?) A good immigration lawyer will never ask their client to file an EOS after that client already filed for AOS.

1. I-94 specific date (day/month). 10/13/2021
2. First EOS application filing date 09/29/2021
3. AOS application filing date 10/10/2021
4. Second EOS application filing date 03/29/2022
5. The biometrics EOS 10/25/2021
AOS 11/22/2021

We consulted with two lawyers. They both said that we need to apply for a visa extension a second time.
Thank you!

 

[Pizzapie]

Hello everyone. I completed my interview couple days ago and today received an RFE letter from the USCIS dated same day as my interview (I guess they sent it right after). They ask me to submit I693 because mine was incomplete. In the letter they stated that my Dr didn't choose the right checkbox next to vaccines that are not applicable to my age (such as rotavirus, etc.) I'll call tomorrow to the same Dr with whom I did my medical exam but wanted to double check with you first. Do I need to do all tests again or Dr can just use my old results? I have to say that I filled out my i 693 in the end of 2021, so probably it can be outdated already

 

[Sm1smom]

1. I-94 specific date (day/month). 10/13/2021
2. First EOS application filing date 09/29/2021
3. AOS application filing date 10/10/2021
4. Second EOS application filing date 03/29/2022
5. The biometrics EOS 10/25/2021
AOS 11/22/2021

We consulted with two lawyers. They both said that we need to apply for a visa extension a second time.
Thank you!

Thanks for the dates. I’m surprised you got scheduled for two bio appointments almost back to back.

Assuming the AOS filing was received by USCIS on or before 10/13/2021, you actually did not need the first EOS application talk less of the second one which you filed on 03/29/2022. So the two lawyers that told you you needed to file the second EOS were completely wrong with that recommendation.

It seems to me your IO may be waiting for the outcome of your pending EOS applications before scheduling your AOS interview. I’m basing it on the fact that quite a couple of folks from the same FO who filed for AOS after you either already got interviewed and approved; or already got their ILs and are now waiting to attend the interview as scheduled. You probably might have been approved by now if you didn’t have the pending EOS applications is my guess.

In terms of what you can do at this point, I’m not quite sure considering your lawyer already submitted an expedite request, maybe just wait for its outcome. I don’t know how long ago it was since it was submitted, so I cannot hazard a guess as to how long you should wait.

You can also initiate a congressional case inquiry. However since you’re a visitor and not a US resident, I don’t know if the congressional rep/senator with jurisdiction over your current address will be willing to assist with your case, but it is worth giving it a shot.

 

[Sm1smom]

Hello everyone. I completed my interview couple days ago and today received an RFE letter from the USCIS dated same day as my interview (I guess they sent it right after). They ask me to submit I693 because mine was incomplete. In the letter they stated that my Dr didn't choose the right checkbox next to vaccines that are not applicable to my age (such as rotavirus, etc.) I'll call tomorrow to the same Dr with whom I did my medical exam but wanted to double check with you first. Do I need to do all tests again or Dr can just use my old results? I have to say that I filled out my i 693 in the end of 2021, so probably it can be outdated already

No shouldn’t need to do all the tests again, you CS should just complete a new medical report form. Make sure they sure the current form edition, and you should get a copy of the report for your personal records. Then carefully go over the report to confirm it’s in order before mailing it out.

 

[Pizzapie]

No shouldn’t need to do all the tests again, you CS should just complete a new medical report form. Make sure they sure the current form edition, and you should get a copy of the report for your personal records. Then carefully go over the report to confirm it’s in order before mailing it out.

Thank you very much for your response! I'll definitely take a copy this time and double check everything

 

[SusieQQQ]

We consulted with two lawyers. They both said that we need to apply for a visa extension a second time.
Thank you!

this is honestly, bizarre. Did one of the lawyers prepare it or did you? The second one will almost certainly be denied as you had already filed aos (and I assume correctly answered the questions relating to that), but it shouldn’t matter for your case as it wasn’t necessary in the first place given you would have already been AOS pending.

Assuming the AOS filing was received by USCIS on or before 10/13/2021, you actually did not need the first EOS application talk less of the second one which you filed on 03/29/2022. So the two lawyers that told you you needed to file the second EOS were completely wrong with that recommendation.

It seems to me your IO may be waiting for the outcome of your pending EOS applications before scheduling your AOS interview. I’m basing it on the fact that quite a couple of folks from the same FO who filed for AOS after you either already got interviewed and approved; or already got their ILs and are now waiting to attend the interview as scheduled. You probably might have been approved by now if you didn’t have the pending EOS applications is my guess.

What date is listed on the receipt notice? If it is after 10/13 I agree that maybe a lot of this case hinges around whether the first EOS is approved. (Hopefully there is no issue with providing rationale for leaving the US after a temporary stay for the EOS right before filing AOS.) If receipt was before the i94 expired then as stated, the EoS applications are irrelevant and I am not sure why the IO would want to wait to see the outcomes (while agreeing with mom’s logic that this seems the most likely reason for delay).

 

[Thommygun]

this is honestly, bizarre. Did one of the lawyers prepare it or did you? The second one will almost certainly be denied as you had already filed aos (and I assume correctly answered the questions relating to that), but it shouldn’t matter for your case as it wasn’t necessary in the first place given you would have already been AOS pending.



What date is listed on the receipt notice? If it is after 10/13 I agree that maybe a lot of this case hinges around whether the first EOS is approved. (Hopefully there is no issue with providing rationale for leaving the US after a temporary stay for the EOS right before filing AOS.) If receipt was before the i94 expired then as stated, the EoS applications are irrelevant and I am not sure why the IO would want to wait to see the outcomes (while agreeing with mom’s logic that this seems the most likely reason fo

Thanks for the dates. I’m surprised you got scheduled for two bio appointments almost back to back.

Assuming the AOS filing was received by USCIS on or before 10/13/2021, you actually did not need the first EOS application talk less of the second one which you filed on 03/29/2022. So the two lawyers that told you you needed to file the second EOS were completely wrong with that recommendation.

It seems to me your IO may be waiting for the outcome of your pending EOS applications before scheduling your AOS interview. I’m basing it on the fact that quite a couple of folks from the same FO who filed for AOS after you either already got interviewed and approved; or already got their ILs and are now waiting to attend the interview as scheduled. You probably might have been approved by now if you didn’t have the pending EOS applications is my guess.

In terms of what you can do at this point, I’m not quite sure considering your lawyer already submitted an expedite request, maybe just wait for its outcome. I don’t know how long ago it was since it was submitted, so I cannot hazard a guess as to how long you should wait.

You can also initiate a congressional case inquiry. However since you’re a visitor and not a US resident, I don’t know if the congressional rep/senator with jurisdiction over your current address will be willing to assist with your case, but it is worth giving it a shot.

Thanks a lot . Could you give some information about how to fill in the request and where we should send it?