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DV 2023 AOS (Adjustment of Status) Only

Vega2000 said:
Which means if you can’t get approval before September 30th, you won’t have any statues anymore?
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I think, based on reading in this forum, the denial letter USCIS sends will have the details. Most probably removal proceedings, i am guessing. Mom knows better.
 
Vega2000 said:
Which means if you can’t get approval before September 30th, you won’t have any statues anymore?
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Basically, think it this way. There is no such a thing as "AOS Pending Status", you are under your current immigration status until your case was approved. AOS Pending Status is kind of like deferral from removal process. If your status was expired during the AOS application, then ICE will not remove you because your new immigration status is under process. But if your new immigration status is not approved and you have no status then you might have to appear in court. The disappointing part is diversity visas cannot be carried to next fiscal year. So let`s say someone`s EB GC application is under process and no visas are available and their status was expired, then there will be new visas available to them next fiscal year. Also for the EAD, if you have a work visa like O-1 or H1-B it will not cause you to lose status because you are already allowed to work in the US, but if you are F1 and you used your EAD for off-campus or non-CPT or non-OPT jobs, then you violated your status.

For this reason, if you find another opportunity such as bona-fide marriage or employment sponsorship, then make sure that you maintain your status until adjudication or try everything not to get fired from your employer or get divorced from your partner during the AOS process.
 
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x27 said:
Basically, think it this way. There is no such a thing as "AOS Pending Status", you are under your current immigration status until your case was approved. AOS Pending Status is kind of like deferral from removal process. If your status was expired during the AOS application, then ICE will not remove you because your new immigration status is under process. But if your new immigration status is not approved and you have no status then you might have to appear in court. The disappointing part is diversity visas cannot be carried to next fiscal year. So let`s say someone`s EB GC application is under process and no visas are available and their status was expired, then there will be new visas available to them next fiscal year. Also for the EAD, if you have a work visa like O-1 or H1-B it will not cause you to lose status because you are already allowed to work in the US, but if you are F1 and you used your EAD for off-campus or non-CPT or non-OPT jobs, then you violated your status.

For this reason, if you find another opportunity such as bona-fide marriage or employment sponsorship, then make sure that you maintain your status until adjudication or try everything not to get fired from your employer or get divorced from your partner during the AOS process.
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Thanks for the brief explanation.
 
Hello Sir,

To embark with a live session you do Is very helpful to understand the process of US immigration. I spoke to you on July 07 2022 conference call.

I am Sahil Bhutani from Canada. I am writing this email because I need your expert advice regarding US Immigration.

I am a Canadian citizen. I shared my profile with you. I will put some light on that again. I studied Bachelors of Commerce in India and in Canada I studied Financial Service and International Business Management ,I do have experience in working as an Account Executive around 6 years in Canada and 4 years in India. For your reference I attached my resume.

I applied for an H1B visa. Unfortunately I was not picked up in both rounds.

Secondly, Can I apply for H1B visa under CPA(Chartered Professional Accountant) even though I do not have any work experience of working under CPA but my studies are relevant with the business and accountancy .Please advice what will be the possibility to get the visa.

What is more important to achieve US work permit either studies or working experience.

Could you please advise how I can be eligible to get work visa and Green card in US.

Thanks in advance.

Regards
Sahil Bhutani
 
Hello Mom,
I have a quick question. I already got my case approved and GC, but I have a new address and wants to update USCIS about it. Here’s one question they ask on the website in order to electronically change my address. There’s a Yes and No question to the question “Have you filed an immigration-related application or petition and your case is pending a decision or you have not received a notice, card, or document?” I wanted to choose “No” obviously as I already got my case approved. But then on the “Not sure what to pick option”, it says this:
6ED2C436-3009-421A-BC0D-40EE688D66C6.jpeg
So I’m not sure if I should select “No” because I have submitted an application before, even though it’s not currently pending anymore. Can you please help me ?
 
Do_Kmy2 said:
Hello Mom,
I have a quick question. I already got my case approved and GC, but I have a new address and wants to update USCIS about it. Here’s one question they ask on the website in order to electronically change my address. There’s a Yes and No question to the question “Have you filed an immigration-related application or petition and your case is pending a decision or you have not received a notice, card, or document?” I wanted to choose “No” obviously as I already got my case approved. But then on the “Not sure what to pick option”, it says this:
View attachment 4363
So I’m not sure if I should select “No” because I have submitted an application before, even though it’s not currently pending anymore. Can you please help me ?
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You have no current or pending case, select NO
 
Hi Mom, now that the visa for 2023 is over, can we get any refund from USCIS since we did not receive any response?
Also can we apply for other application if we are eligible?
 
Pgcool said:
Hi Mom, now that the visa for 2023 is over, can we get any refund from USCIS since we did not receive any response?
Also can we apply for other application if we are eligible?
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1. Unfortunately the fee is non refundable - you will eventually get a response from USCIS. The pending application will eventually get adjudicated and the applicable decision notice will get sent out.
2. Yes you can as long as you're not out of status.
 
As we all acknowledged that, Dv2023 is over but some of us also has tiny amount of hope.

So I had my interview, my case is not approved and states that it is processing.

My question is;

If I leave the country at this point, my application get cancelled because I left here?

or

If that “miracle” happens while I am away, would I get my Greencard to my mailbox?

Thanks a lot again guys.
 
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Vega2000 said:
As we all acknowledged that, Dv2023 is over but some of us also has tiny amount of hope.

So I had my interview, my case is not approved and states that it is processing.

My question is;

If I leave the country at this point, my application get cancelled because I left here?

or

If that “miracle” happens while I am away, would I get my Greencard to my mailbox?

Thanks a lot again guys.
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Departing from the US without an approved AP card while an AOS application is pending will lead to the AOS application being deemed as abandoned. In the unlikely situation of a GC being issued under such circumstances, the GC will be deemed void with the LPR status eventually revoked.
 
Vega2000 said:
As we all acknowledged that, Dv2023 is over but some of us also has tiny amount of hope.

So I had my interview, my case is not approved and states that it is processing.

My question is;

If I leave the country at this point, my application get cancelled because I left here?

or

If that “miracle” happens while I am away, would I get my Greencard to my mailbox?

Thanks a lot again guys.
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If you leave the US, your AOS application will automatically get cancelled. But also if you are out of status, there might be a potential ban from traveling to the US. For this reason, wait for your denial letter and if it indicates you have to go to court, go to court and explain your situation. Court might give you a grace period to voluntarily leave the US and you will be able to leave the US without any ban. This would decrease the risk of denial of your future US visa applications. Also be prepared to explain that you did not have immigrant intent (if you have non-immigrant visa other than H1-B or O-1) upon arrival at the US border.
 
x27 said:
If you leave the US, your AOS application will automatically get cancelled. But also if you are out of status, there might be a potential ban from traveling to the US. For this reason, wait for your denial letter and if it indicates you have to go to court, go to court and explain your situation. Court might give you a grace period to voluntarily leave the US and you will be able to leave the US without any ban. This would decrease the risk of denial of your future US visa applications. Also be prepared to explain that you did not have immigrant intent (if you have non-immigrant visa other than H1-B or O-1) upon arrival at the US border.
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I am not out of status but thanks a lot for this precious advice.

Did you hear anything from you FO today?
 
Sm1smom said:
Departing from the US without an approved AP card while an AOS application is pending will lead to the AOS application being deemed as abandoned. In the unlikely situation of a GC being issued under such circumstances, the GC will be deemed void with the LPR status eventually revoked.
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Thanks for the explanation, hope our situation would be clear %100 asap so we can move forward.
 
Vega2000 said:
I am not out of status but thanks a lot for this precious advice.
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A formal denial letter might also help on future AOS or Visa applications because if you were denied AOS just because the visas were exhausted then that wouldn`t make a huge impact on future visa applications.
 
x27 said:
If you leave the US, your AOS application will automatically get cancelled. But also if you are out of status, there might be a potential ban from traveling to the US. For this reason, wait for your denial letter and if it indicates you have to go to court, go to court and explain your situation. Court might give you a grace period to voluntarily leave the US. This would decrease the probability of denial of your future US visa applications.
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DV based denial letter has never given an option of attending a court hearing AFAIK, it comes with the grace period of when to depart.

Vega2000 said:
As we all acknowledged that, Dv2023 is over but some of us also has tiny amount of hope.

So I had my interview, my case is not approved and states that it is processing.

My question is;

If I leave the country at this point, my application get cancelled because I left here?

or

If that “miracle” happens while I am away, would I get my Greencard to my mailbox?

Thanks a lot again guys.
Click to expand...
My recommendation to you is to be mindful of when your authorized stay expires and to depart from the US one or two days before it does as a matter of fact, if you do not want your current B1B2 to automatically become invalid once you go out of status and your AOS application eventually gets denied.
 
x27 said:
A formal denial letter might also help on future AOS or Visa applications because if you were denied AOS just because the visas were exhausted then that wouldn`t make a huge impact on future visa applications.
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It may not have a huge negative impact, assuming OP departs from the US before their current authorized stay expires. If they wait until they fall out of status before departing from the US, they can kiss future NIV approval goodbye for quite a while.
 
Another question, I am brainstorming at this point so please accept my apologies if my questions are unrelated.

At this point which would more beneficiary for future visa acquisition purposes and traveling purposes? Getting a denial letter or Cancelling it by leaving?
 
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Sm1smom said:
DV based denial letter has never given an option of attending a court hearing AFAIK, it comes with the grace period of when to depart.


My recommendation to you is to be mindful of when your authorized stay expires and to depart from the US one or two days before it does as a matter of fact, if you do not want your current B1B2 to automatically become invalid once you go out of status and your AOS application eventually gets denied.
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So I have a valid F1 status and it will expire on December 2024, am I under risk of deportation if it`s denied? Also my visa will expire on June 2024, would a denial cause a trouble when I visit my family during Christmas back home?
 
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