DV 2023 AOS (Adjustment of Status) Only

[rondon]

I received the RFE in mail regarding my medical doscument.
But part of the letter says "You must submit the requested information by December 21, 2023. However, you should respond as soon as possible if you would like your case to be considered for visa allocation for this fiscal year, which ends on September 30, 2023. Please be aware that if you submit the requested documents after September 30, 2023, but on or before December 21, 2023, this will not prevent consideration of visa allocation for you in the next fiscal year. "

Does it mean there is still a chance?

i have an approved NIW I-140, wanted to apply for I-485 through that, but now am very confused.

You are not alone in your confusion, sounds like the immigration services officer is confused as well. With a day remaining, I would be highly surprised if your DV based AOS would be approved at all. This really seems a very tough decision fo you!

 

[jdoe2]

Officially, is this the end for DV 2023? There won't be updates on weekends.

 

[Sm1smom]

I received the RFE in mail regarding my medical doscument.
But part of the letter says "You must submit the requested information by December 21, 2023. However, you should respond as soon as possible if you would like your case to be considered for visa allocation for this fiscal year, which ends on September 30, 2023. Please be aware that if you submit the requested documents after September 30, 2023, but on or before December 21, 2023, this will not prevent consideration of visa allocation for you in the next fiscal year. "

Does it mean there is still a chance?

i have an approved NIW I-140, wanted to apply for I-485 through that, but now am very confused.

Whoever issued the RFE is most definitely confused themselves when it comes to DV based AOS applications. The visa approval for DV based AOS applications cannot be carried over from one FY to the other. Assuming there are still visas available for DV2023 (which we know is not the case), any application not approved by EOB today is done with, there will be no approval for such a case effective Oct. 1st.

 

[mtb]

Hello mom,

I got this denial letter today in the mail. The second page of the denial letter is attached here. It says that I am now not eligible to stay in the US and should leave the US in 33 days. The same thing is written in my wife's letter too. We did not apply for EAD and we never got AP document. We are both graduate students and never out of status.
Is this something we should be worried?

 

[jdoe2]

Hello mom,

I got this denial letter today in the mail. The second page of the denial letter is attached here. It says that I am now not eligible to stay in the US and should leave the US in 33 days. The same thing is written in my wife's letter too. We did not apply for EAD and we never got AP document. We are both graduate students and never out of status.
Is this something we should be worried?

You might need to send Notice of Appeal, form I290B.

 

[Sm1smom]

Hello mom,

I got this denial letter today in the mail. The second page of the denial letter is attached here. It says that I am now not eligible to stay in the US and should leave the US in 33 days. The same thing is written in my wife's letter too. We did not apply for EAD and we never got AP document. We are both graduate students and never out of status.
Is this something we should be worried?

If you never violated your F1/F2 status while your AOS application was pending, and your period of authorized stay has not expired (evidenced by your I-94), you have no need to worry about having to depart from the US as stated by by the denial notice.

You can do a quick consultation with an experience immigration attorney to confirm this by the way.

 

[Sm1smom]

You might need to send Notice of Appeal, form I290B.

Interesting. Can you expand on why you think they should consider spending an additional $675/per person for an I290B Motion to appeal what?

 

[mtb]

If you never violated your F1/F2 status while your AOS application was pending, and your period of authorized stay has not expired (evidenced by your I-94), you have no need to worry about having to depart from the US as stated by by the denial notice.

You can do a quick consultation with an experience immigration attorney to confirm this by the way.

Thank you Mom.

 

[Licxmar]

Ok. Just remember, the clock is ticking! Have you already engaged with a lawyer at this point?

I studied the reply from USCIS and they are right. Diophantus applied as if he was in the ASIA region but his DV Entrance is Nepal (Asia). In the visa bulletin for June, Nepal did not had the cut of number in neither of the sections for Diophantus to qualify to file for the AOS when he did

 

[Sm1smom]

I studied the reply from USCIS and they are right. Diophantus applied as if he was in the ASIA region but his DV Entrance is Nepal (Asia). In the visa bulletin for June, Nepal did not had the cut of number in neither of the sections for Diophantus to qualify to file for the AOS when he did

The OP earlier on posted that their CN was AS20XXX chargeable to Nepal. If the OP’s CN was under 20,500 chargeable to Nepal, then they were eligible to file when they did based on early filing and shouldn’t have been denied.

So do you have insight or know the full range of the OP’s CN to make you come to the conclusion that their CN was not eligible for early filing when they did?

 

[rondon]

I studied the reply from USCIS and they are right. Diophantus applied as if he was in the ASIA region but his DV Entrance is Nepal (Asia). In the visa bulletin for June, Nepal did not had the cut of number in neither of the sections for Diophantus to qualify to file for the AOS when he did

Diophantus WAS indeed eligible for filing at the time he did. His CN was in the range of 201XX if I remember correctly. I was paying close attention because my FO is detroit as well. AS201XX (nepal) was to become current in August, and the advanced notification section of the July VB (published in June) does show his CN was to be current in August. He utilized early filing, and his IO erroneously denied his AOS, which is unfortunate and sad.

 

[Licxmar]

The OP earlier on posted that their CN was AS20XXX chargeable to Nepal. If the OP’s CN was under 20,500 chargeable to Nepal, then they were eligible to file when they did based on early filing and shouldn’t have been denied.

So do you have insight or know the full range of the OP’s CN to make you come to the conclusion that their CN was not eligible for early filing when they did?

I think the confusion comes from the fact that Nepal is treated in a separate column in the Visa Bulletin. In June's bulletin the visa availability cut off for Asia was 18750 -> EXCEPT Iran: 10,000 Nepal 17,775. In section C of the same bulletin the July cut off numbers were Asia 21000 EXCEPT: Iran 12500, Nepal 19,400. Diophantus applied in June with a Nepal number of 20186. If he would not have been from Nepal that would have been great but he applied for DV on behalf of Nepal and that got him ineligible for filing in June. He should have just refilled it again in July when the opening for August included his number. He filed to early in June

 

[Licxmar]

Diophantus WAS indeed eligible for filing at the time he did. His CN was in the range of 201XX if I remember correctly. I was paying close attention because my FO is detroit as well. AS201XX (nepal) was to become current in August, and the advanced notification section of the July VB (published in June) does show his CN was to be current in August. He utilized early filing, and his IO erroneously denied his AOS, which is unfortunate and sad.

His number was over 20k, 20186. Nepal is treated differently in the bulletin. Iran and Nepal have different cut offs than the rest of Asia. Check it out in the bulletin. I was confused too. I Africa there are 3 countries treated differently: Algeria, Egypt, Morocco and they have different cut off numbers than the entire Africa region. Same in Europe with Russia & Uzbekistan. Same in Asia with Iran & Nepal. He filled in June 15th when this number of visa was not eligible for filing because he was from Nepal

 

[Sm1smom]

I think the confusion comes from the fact that Nepal is treated in a separate column in the Visa Bulletin. In June's bulletin the visa availability cut off for Asia was 18750 -> EXCEPT Iran: 10,000 Nepal 17,775. In section C of the same bulletin the July cut off numbers were Asia 21000 EXCEPT: Iran 12500, Nepal 19,400. Diophantus applied in June with a Nepal number of 20186. If he would not have been from Nepal that would have been great but he applied for DV on behalf of Nepal and that got him ineligible for filing in June. He should have just refilled it again in July when the opening for August included his number. He filed to early in June

You assume I'm not aware of the fact that Nepal is/was under the exception range for the AS Region? I guess you have no idea as to how long I've been looking at VBs or guiding selectees through the DV process.

What you're calling the June VB (going by the numbers you've listed above) is actually the May VB. That VB was released on May 4 (scroll to the bottom of the VB to see the release date), it has numbers for the current month of June and the advanced month of July. I figure you're getting confused by the title of that VB because it says "June VB", it actually is the May VB because section B. of that VB deals with cases current in May, and section C is the advanced notification section for the month of June.

The actual June VB (titled July VB was released on June 2 - again scroll to the bottom of the VB to see the date) shown by the numbers in the below screenshot made the OP eligible to file in June when they did based on early filing allowance, (that is the VB the OP relied on to send out the AOS package, not the May VB which you've been looking at and quoting above).

 

[Licxmar]

You assume I'm not aware of the fact that Nepal is/was under the exception range for the AS Region? I guess you have no idea as to how long I've been looking at VBs or guiding selectees through the DV process.

What you're calling the June VB (going by the numbers you've listed above) is actually the May VB. That VB was released on May 4 (scroll to the bottom of the VB to see the release date), it has numbers for the current month of June and the advanced month of July. I figure you're getting confused by the title of that VB because it says "June VB", it actually is the May VB because section B. of that VB deals with cases current in May, and section C is the advanced notification section for the month of June.

The actual June VB (titled July VB was released on June 2 - again scroll to the bottom of the VB to see the date) shown by the numbers in the below screenshot made the OP eligible to file in June when they did based on early filing allowance, (that is the VB the OP relied on to send out the AOS package, not the May VB which you've been looking at and quoting above).

View attachment 4387

wow. I was really really wrong in reading the dates and numbers.

 

[rondon]

His number was over 20k, 20186. Nepal is treated differently in the bulletin. Iran and Nepal have different cut offs than the rest of Asia. Check it out in the bulletin. I was confused too. I Africa there are 3 countries treated differently: Algeria, Egypt, Morocco and they have different cut off numbers than the entire Africa region. Same in Europe with Russia & Uzbekistan. Same in Asia with Iran & Nepal. He filled in June 15th when this number of visa was not eligible for filing because he was from Nepal

I hope it is clearer now! BTW, I am from Nepal, so I am all aware of these.

 

[Ferd]

sm1mom,
Do you know the right course of action to take if you submitted your
I-485package to the Phoenix,AZ before the cut off date of Sept 30, 2023 and one hasn't yet heard from USCIS? No notice of receipt even when you included Form G-1145.
What is the best means to contact USCIS to enquire about application in a situation like this?
Thanks

 

[Xarthisius]

sm1mom,
Do you know the right course of action to take if you submitted your
I-485package to the Phoenix,AZ before the cut off date of Sept 30, 2023 and one hasn't yet heard from USCIS? No notice of receipt even when you included Form G-1145.
What is the best means to contact USCIS to enquire about application in a situation like this?
Thanks

Are you DV23 selectee? When did you submit exactly?
Update: I see that you're DV23. If your payment hasn't been cashed yet, I'd start by contacting your bank and asking for a stop payment order to prevent USCIS from erroneously processing your application. If they accidentally don't reject your application, as they should now that FY23 is over, you won't be able to get your fees back.

 

[Sm1smom]

sm1mom,
Do you know the right course of action to take if you submitted your
I-485package to the Phoenix,AZ before the cut off date of Sept 30, 2023 and one hasn't yet heard from USCIS? No notice of receipt even when you included Form G-1145.
What is the best means to contact USCIS to enquire about application in a situation like this?
Thanks

Precisely when did you send in the AOS package?

 

[Ferd]

I sent it in Sept 26 and delivered Sep27/28