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DV 2022 AOS (Adjustment of Status) Only

Hello Madam I am the winner of DV-2022 and currently working with H1B Visa in USA. I applied DV through CP and now I want to switch it to AOS. When do I loose my status of CP processing if I want to switch to AOS. I have to pay DV visa fee to the DOS’ Diversity Visa Program and need to include with AOS application. While I am waiting for the receipt, do I loose the my CP status because it can take a few months to get receipt. Since I pay the fee for DOS, KKC could have notified that I am switching to AOS. I do not want to loose my CP status until I have approved for USCIS AOS status. Could you please advice me? Thank you in advance for your help.


Best Regards,

Softwave
 
Softwave said:
Hello Madam I am the winner of DV-2022 and currently working with H1B Visa in USA. I applied DV through CP and now I want to switch it to AOS. When do I loose my status of CP processing if I want to switch to AOS. I have to pay DV visa fee to the DOS’ Diversity Visa Program and need to include with AOS application. While I am waiting for the receipt, do I loose the my CP status because it can take a few months to get receipt. Since I pay the fee for DOS, KKC could have notified that I am switching to AOS. I do not want to loose my CP status until I have approved for USCIS AOS status. Could you please advice me? Thank you in advance for your help.


Best Regards,

Softwave
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You loose your current status when your authorized stay (as shown on your I-94) expires, or you engage in unauthorized employment, or your AOS application gets approved.
You do not loose your current status by changing processing option from CP to AOS, or making the DV payment, or by sending in your AOS package. This is simply a demonstration of an immigrant intent which you've already done anyways with the submission of your DS260. Since you're in H-1B status, a demonstrated immigrant intent is not an issue for you because H-1B is a dual intent visa which allows for an immigrant intent.
 
Sm1smom said:
You loose your current status when your authorized stay (as shown on your I-94) expires, or you engage in unauthorized employment, or your AOS application gets approved.
You do not loose your current status by changing processing option from CP to AOS, or making the DV payment, or by sending in your AOS package. This is simply a demonstration of an immigrant intent which you've already done anyways with the submission of your DS260. Since you're in H-1B status, a demonstrated immigrant intent is not an issue for you because H-1B is a dual intent visa which allows for an immigrant intent.
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Hello I am not worried about my status for H1B. I do not want to loose my CP status for DV application because I am trying for AOS. When I send DV visa fee, KKC will know what I am planning to change status from CP to AOS. it takes sometime months to receive the receipt of the DV visa fee. When I will loose my CP status? I do not want to loose Consular Processing status until I get approved for AOS. When Do I loose Consular Process? Do I loose it as soon as KCC receive DV application fee? What about if I did not get approve for AOS status? Thanks
 
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Softwave said:
Hello I am not worried about my status for H1B. I do not want to loose my CP status for DV application because I am trying for AOS. When I send DV visa fee, KKC will know what I am planning to change status from CP to AOS. it takes sometime months to receive the receipt of the DV visa fee. When I will loose my CP status? I do not want to loose Consular Processing status until I get approved for AOS. When Do I loose Consular Process? Do I loose it as soon as KCC receive DV application fee? What about if I did not get approve for AOS status? Thanks
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Oh I see. You’re trying to edge your bets. Unfortunately, you cannot do that. You need to pick one option and stick with it. Trying to stride both sides of the aisle at the same time will create confusions and other issues for your case eventually. When KCC receives the DV payment, (even without you informing them to say you wish to switch from CP to AOS), they could make that assumption and stop processing you for CP. KCC can only send your DV case file which is required for approval to only one place, the embassy where the interview will take place or the FO with jurisdiction over your address in the case of AOS. Once the case file gets sent, KCC no longer has anything to do with the case.
 
olgahanc said:
hello all,

here's my issue: I am in the US with F-1 visa since 2019 (well, I attended classes from my home country due to covid for about a year but it is irelevant). I am preparing my AOS package. the problem is, when returned tax for 2019, apparently i made a mistake and IRS did not get my file. there is no problem for 2020 and I can get the transcript. also, for both years, I was actually supposed to get a refund (due to my status and income I guess), so although not filing is still an inappropriate behavior (I filed but you can interpret the documents as not filing since that's what matters ultimately), it is clear that my intent was not to evade tax etc.

what should I do next? I am thinking of adding IRS official transcript for 2020, and for 2019, I will add what I tried to return including W-2 and forms etc. I also have Glacier report for both years (which is the equivalent of turbotax for nonresidents, to my understanding). Glacier also clearly says I should get refund.
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If there’s an error with your 2019 tax filing, you can file an amendment.
 
I am not trying to get two processes at the same time. Since I am in USA, I should have done with AOS. It is also take time to switch to AOS because I studied your spreadsheet timeline. I do not want to loose the chance that I can still have an interview with Consular Processing. If I now switch to AOS, getting receipt for DV visa feel could take like two months in some cases. I do not know why? What about if I do not get approved for AOS? Do I loose chance for Consular Processing Chance? The spreadsheet also mentioned that DV visa fee is not refundable if the applicant want to switch from AOS to CP. My understanding is until I get approved for AOS, KCC should keep me for Consular Processing. Please let me know my logic make scene. Thanks
 
Softwave said:
I am not trying to get two processes at the same time. Since I am in USA, I should have done with AOS. It is also take time to switch to AOS because I studied your spreadsheet timeline. I do not want to loose the chance that I can still have an interview with Consular Processing. If I now switch to AOS, getting receipt for DV visa feel could take like two months in some cases. I do not know why? What about if I do not get approved for AOS? Do I loose chance for Consular Processing Chance? The spreadsheet also mentioned that DV visa fee is not refundable if the applicant want to switch from AOS to CP. My understanding is until I get approved for AOS, KCC should keep me for Consular Processing. Please let me know my logic make scene. Thanks
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Your logic does not make sense, I already explained it above - it is that of trying to engage in two processes at the same time. You need to pick one process and stay with it. It does not take time to switch from CP to AOS, all you need to do is inform KCC you wish to switch and if your CN is already current, you start the AOS process right away without waiting for KCC to acknowledge the switch request. You cannot start one process and hope to retain your spot in the other process. It does not work like that! If your AOS application is not approved by the end of the FY, that is the end of the whole thing. There's no going back to CP at that point because the FY is already over.

If what you're proposing is possible, KCC wouldn't require selectees to indicate on the DS260 form which processing option they plan on going with.
 
Sm1smom said:
Your logic does not make sense, I already explained it above - it is that of trying to engage in two processes at the same time. You need to pick one process and stay with it. It does not take time to switch from CP to AOS, all you need to do is inform KCC you wish to switch and if your CN is already current, you start the AOS process right away without waiting for KCC to acknowledge the switch request. You cannot start one process and hope to retain your spot in the other process. It does not work like that! If your AOS application is not approved by the end of the FY, that is the end of the whole thing. There's no going back to CP at that point because the FY is already over.

If what you're proposing is possible, KCC wouldn't require selectees to indicate on the DS260 form which processing option they plan on going with.
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How long it take to switch from CP to AOS? It can take months? If it takes only a few weeks, I will definitely switch from CP to AOS. First I have to pay fees to DOS and wait for the receipt. Without the receipt, I can not apply to USCIS. It can take months to receive the receipt. It could be 4 weeks to 10 week as mentioned in your spread sheet. That is why I am worried. Please advise. Thanks
 
Softwave said:
How long it take to switch from CP to AOS? It can take months? If it takes only a few weeks, I will definitely switch from CP to AOS. First I have to pay fees to DOS and wait for the receipt. Without the receipt, I can not apply to USCIS. It can take months to receive the receipt. It could be 4 weeks to 10 week as mentioned in your spread sheet. That is why I am worried. Please advise. Thanks
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1. "How long it take to switch from CP to AOS? It can take months?" Already answered in my previous post where I wrote "It does not take time to switch from CP to AOS, all you need to do is inform KCC you wish to switch and if your CN is already current, you start the AOS process right away without waiting for KCC to acknowledge the switch request."

2. "First I have to pay fees to DOS and wait for the receipt. Without the receipt, I can not apply to USCIS. It can take months to receive the receipt. It could be 4 weeks to 10 week as mentioned in your spread sheet." - Yes you can send in your AOS package without the payment receipt, if needed. Having said that, I recommend you take a look at the 2022 Timeline spreadsheet to get an idea of how long on average it currently takes. In addition, you need to spend more time on the AOS Process Spreadsheet, take a look at the AOS FAQ tab in particular to see the series of common questions already answered there.

p.s. number your questions if you have more than one in a post in order to ensure everything gets answered.
 
I am an F1 student planning to do AOS but my case is still not current. Since USCIS is temporarily waiving the requirement that the civil surgeon sign the Medical Examination form no more than 60 days before the date the applicant files AOS, I am planning to do the medical exam now to make my documents ready. As per the AOS Process Spreadsheet, if I don't have a medical record from my home country, I need to take 2 or 3 shots. I have taken some of those shots listed on the spreadsheet but I don't have any record of it to show as proof. As I don't want to get those shots again, I was wondering if there is any way, my vaccination shots can be waived by the civil surgeon by performing some kind of test?
 
Sknpl said:
I am an F1 student planning to do AOS but my case is still not current. Since USCIS is temporarily waiving the requirement that the civil surgeon sign the Medical Examination form no more than 60 days before the date the applicant files AOS, I am planning to do the medical exam now to make my documents ready. As per the AOS Process Spreadsheet, if I don't have a medical record from my home country, I need to take 2 or 3 shots. I have taken some of those shots listed on the spreadsheet but I don't have any record of it to show as proof. As I don't want to get those shots again, I was wondering if there is any way, my vaccination shots can be waived by the civil surgeon by performing some kind of test?
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How long ago did you take those shots?
 
As my family and I are still waiting for our interview notice, I just received an EAD card with AP unexpectedly. I looked at the 2021 DV-AOS spreadsheet and could only see 3 cases out of the 180+ entries when an applicant got an EAD. Does anyone know if this has a relation with the date of interview, whether it may still take time and that's the reason why they issue the EAD or is it just because everyone else did not request one?
Does anyone here have any ideas? Thank you!
 
God-grace said:
As my family and I are still waiting for our interview notice, I just received an EAD card with AP unexpectedly. I looked at the 2021 DV-AOS spreadsheet and could only see 3 cases out of the 180+ entries when an applicant got an EAD. Does anyone know if this has a relation with the date of interview, whether it may still take time and that's the reason why they issue the EAD or is it just because everyone else did not request one?
Does anyone here have any ideas? Thank you!
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The EAD/AP card processing time has nothing to do with the GC processing. Those two applications are handled by the NBC, while the GC application goes through the FO. Most DV based AOS applicants do not bother applying for the EAD and/or AP.
 
Sm1smom said:
The EAD/AP card processing time has nothing to do with the GC processing. Those two applications are handled by the NBC, while the GC application goes through the FO. Most DV based AOS applicants do not bother applying for the EAD and/or AP.
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Thank you so much! That’s reassuring. So, we can hope to receive our interview appointment or waiver notice soon :))
 
Sknpl said:
I am an F1 student planning to do AOS but my case is still not current. Since USCIS is temporarily waiving the requirement that the civil surgeon sign the Medical Examination form no more than 60 days before the date the applicant files AOS, I am planning to do the medical exam now to make my documents ready. As per the AOS Process Spreadsheet, if I don't have a medical record from my home country, I need to take 2 or 3 shots. I have taken some of those shots listed on the spreadsheet but I don't have any record of it to show as proof. As I don't want to get those shots again, I was wondering if there is any way, my vaccination shots can be waived by the civil surgeon by performing some kind of test?
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I think you could do an antibody check for those vaccines. a positive antibody check result can waive the vaccine requirement as far as I know. but better check with your CS.
 
I am confused as to whether I should submit ds260 or not for AOS? Afaik I don't need, but in package document it says I need 2NL, which I will get after sending ds260.
 
olgahanc said:
I am confused as to whether I should submit ds260 or not for AOS? Afaik I don't need, but in package document it says I need 2NL, which I will get after sending ds260.
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Do take a look at the AOS FAQ tab of the AOS process spreadsheet where DS260 form submission and the 2NL have already been covered.
 
Sknpl said:
I took those shots around 5 years ago back in my home country.
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You may do a titer test if you like. There’s no guarantee your CS will be willing to accept that though in place of the vaccine records so you may want to contact them first to confirm before spending money on the antibody test.
 
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