If your AOS application remains pending after the expiration of your authorized stay as shown on your I-94, yes you’re out of status from that point. You’re however allowed to remain in the US until the AOS application gets adjudicated.
I didn’t really understand the main part . Can that out of status be the denial reason ?
The out of status in this case will not be a reason for denial. What could be a reason for denial is if they IO makes a determination you intentionally came into the US on a visitor’s visa with the purpose of filing for AOS.
Is there is a possibility for me to switch to consular processing? If so will you be able to explain to do it. And will my 330$ fee transferred for consular dos-260 fee ?
Yes, you can always switch from AOS to CP. In order to make the switch, you’ll need to email the KCC and inform them you wish to switch from AOS to CP. Then patiently wait for the KCC to process your DS260 form and schedule your CP interview at the applicable US embassy. No, the payment will not be transferred, you’ll need to make a new payment at the embassy when you go for the interview.
1. There’s no such thing as a 90 day rule, it is non binding on USCIS when it comes to making a determination on preconceived immigrant intent. Even if it was binding on USCIS, it wouldn’t be of help in your case considering you had already submitted the DS260 declaring your intention of processing AOS before returning to the US. The good news for you is the fact that H1B/H4 visas are dual intent visas, so not a problem with filing AOS.
The CS is supposed to give you a copy of the medical report for your personal records.
You do not need authorization from USCIS or KCC before completing the medical report. You decide on your own as to when you should. What matters is for the medical report to be completed by one of the USCIS approved CS.
I discovered last year in may so paid my 330$ back them without reading any rules . I entered the USA in September 5 with my husband and we were gonna fly back on January 28 which is today but then my son said we could adjust here and back in November I paid my husbands 330$ . So now like you said I don’t wanna be denied due to entering on b2. Submitted ds in November 2022
I find it strange that you went ahead and paid the DV administrative fee way back last year, even though you were not based in the US. So did you enter the US with the intent of filing for AOS as a DV selectee?
So I enter the U.S. in 2021 December on b2 had given leave date June 6, 2022 . In may of 2022 I found out I won , didn’t read any rules of dv out of excitement, and thought I could start the process. Then I left because my daughter in law said you can’t start the process till october 1, 2022. Then I left on June 6, 2022. After a while I came back to USA on September 5, 2022with my husband due to having a new born grand baby here , and planned to leave on 1/28/2023 had tickets to fly back . My son and daughter in law said we could adjust status here . So I started reading a lot and found this forum read all previous posts and your answers that’s when I decided not to do here out of worry to get denied. I didn’t intent when I came here , but as you said in other post not sure if I can prove that at interview.
I see. Now that I have a better insight into your situation, I think you should be fine to proceed with AOS in this case. I wouldn’t switch to CP if this was my case based on the above explanation.
Thankyou. And yes we are following the Excel AOS package tabs to create all documents. The file is really helpful. Thankyou so much for creating this.
1. It says “if applicable” because there will be applicants who were never on a student at any point in time, so an I-20 wouldn’t be applicable to them.
But how I will prove them that I didn’t intent , I have been coming to USA past 3 years every year 6 month . I am just worried since I paid Aos dv fee back in may 2022 and for my husband in November of 2022. They will think we did purposely. But we really didn’t . We were planing do consular due to financial but since son said he will cover cost that’s why I decided to stay here . Maybe I should risk it like you say .
By explaining yourself like you did here if the issue ever comes up.