DV 2024 AOS (Adjustment of Status) Process Only

[megdavidson26]

Here is a post where I had a similar question a few months ago (hoping I've shared it properly):

https://forums.immigration.com/threads/dv-2024-aos-adjustment-of-status-process-only.346971/post-2616171

We had to file I-539 for our children as their I-94's were expiring before the AOS was going to be adjudicated. From my understanding, you are able to remain in the US while your application is pending, for up to 240 days. Mom did state in the link above that there are some occasions were the AOS approval may be delayed while waiting for the I-539 approval.

Not sure of your situation (or what you filed), but I also read that you can file your I-485 with a pending I-539 but USCIS will adjudicate the I-539 first. Honestly not sure how it works with the FY deadline approaching and the time to adjudicate I-539 taking an exceptionally long time. I feel it's likely the reason why our case is being held up. I'm hoping to find out more information this week.

Also just want to add, that on another page someone provided me this:

Chapter 4 - Adjudication

A. Determine Eligibility for Diversity Immigrant VisaTo adjust status, a selectee must be eligible to receive a Diversity Immigrant Visa (DV). Becoming a

www.uscis.gov

They said the AOA doesn’t need the 539 to be adjudicated and if successful the 539 becomes redundant. The link above says adjudication refers to eligibility and there is no mention of parallel processes.

I don’t know what’s correct. One response is from generated AI (can’t find an actual link anywhere) and then this link says something different.

 

[Sm1smom]

To submit the AOS application successfully, I need to be on valid status in US (pending application for a valid status wont cut it). My NIV visa status can expire after AOS successful submission (have received NOA) and the officer will adjudicate the AOS application regardless of other visa pending application right? This is because i am under Authorized stay status. right?

I figured you were getting agitated every time you read of my response to someone talking about valid status vs pending status and AOS approval, that is why I asked you that question. It is important to read my response within the context of the question I’m responding to please, and not try to give my response a broad interpretation. What you’ve described above is not what I would describe as “successful submission”. To successfully submit an AOS application simply means for the Lockbox to accept your AOS package regardless of an applicant’s current status. If the lockbox accepts an AOS package from someone who is not eligible to file for AOS, that will be a successful submission. It however does not mean the application will eventually be approved.

We’ve already gone over your specific situation in the past. My understanding of your situation is that you submitted your AOS application while still in a valid status. Your status eventually expired while your AOS application was pending, and you subsequently filed an EOS (after you had already filed for AOS). So that means you immediately rolled into what is known as AOS pending status. Since the AOS was filed before the EOS application, the IO adjudicating the AOS application does not need to wait for the EOS application process to be completed before adjudicating your pending AOS application.

Hope this explanation helps.

 

[Sm1smom]

hmm I got you. It seems like by applying for AOS while STEM is pending, I am only risking my money which is ok. Do you know if I got a rejection from AOS or if my STEM OPT is not approved by Sep 30 preventing my AOS to be approved, does it affect my STEM OPT or F-1 status?

Non approval or denial of your AOS application has no bearing on the pending STEM OPT application.

 

[Sm1smom]

By the way, here’s what the USCIS manual says about the impact of a pending COS or EOS on a subsequently filed AOS:

Extension of Stay or Change of Status​

A noncitizen may file an adjustment application after expiration of his or her nonimmigrant status while the noncitizen’s timely-filed EOS or COS application is pending.[18] In such cases, the officer should defer adjudication of the adjustment application until USCIS adjudicates the EOS or COS application so long as there are no other grounds for denial.

SOURCE: USCIS Policy Manual

 

[2024 Houston]

I figured you were getting agitated every time you read of my response to someone talking about valid status vs pending status and AOS approval, that is why I asked you that question. It is important to read my response within the context of the question I’m responding to please, and not try to give my response a broad interpretation. What you’ve described above is not what I would describe as “successful submission”. To successfully submit an AOS application simply means for the Lockbox to accept your AOS package regardless of an applicant’s current status. If the lockbox accepts an AOS package from someone who is not eligible to file for AOS, that will be a successful submission. It however does not mean the application will eventually be approved.

We’ve already gone over your specific situation in the past. My understanding of your situation is that you submitted your AOS application while still in a valid status. Your status eventually expired while your AOS application was pending, and you subsequently filed an EOS (after you had already filed for AOS). So that means you immediately rolled into what is known as AOS pending status. Since the AOS was filed before the EOS application, the IO adjudicating the AOS application does not need to wait for the EOS application process to be completed before adjudicating your pending AOS application.

Hope this explanation helps.

Thank you Mom for the explanation. I apologize if i sound agitated. I am just getting nervous with 30 Sep deadline coming closer and faster. With two regions going current and big jump in other regions in the latest visa bulletin, we may not even have the luxury of 30 Sep (visas may be used early like last year). The time taken by IO to process/ adjudicate my application is longer than any other historical application (Except one) at Houston FO. Just not sure what's the holdup.

 

[sisagov]

Non approval or denial of your AOS application has no bearing on the pending STEM OPT application.

Thank you so much, really appreciate it

 

[Sm1smom]

Thank you Mom for the explanation. I apologize if i sound agitated. I am just getting nervous with 30 Sep deadline coming closer and faster. With two regions going current and big jump in other regions in the latest visa bulletin, we may not even have the luxury of 30 Sep (visas may be used early like last year). The time taken by IO to process/ adjudicate my application is longer than any other historical application (Except one) at Houston FO. Just not sure what's the holdup.

I understand, that’s why I went to great length to further explain. And I’m rooting for you, so hang in there!

 

[2024 Houston]

I understand, that’s why I went to great length to further explain. And I’m rooting for you, so hang in there!

Thank you Mom

 

[Pessie Jinkman]

Hi @Sm1smom, I spoke with a live agent through Emma about the status of my case. They informed me that the case is currently with an officer at the Dallas field office and was last reviewed on 07/12/2024. Do you think this means my decision is coming soon? A case very similar to mine was approved in 46 days from the same field office, and it has already been 56 days since I filed and i did my biometrics 17 days ago. I'm a little worried because the fiscal year is coming to an end soon. Thanks

 

[megdavidson26]

I figured you were getting agitated every time you read of my response to someone talking about valid status vs pending status and AOS approval, that is why I asked you that question. It is important to read my response within the context of the question I’m responding to please, and not try to give my response a broad interpretation. What you’ve described above is not what I would describe as “successful submission”. To successfully submit an AOS application simply means for the Lockbox to accept your AOS package regardless of an applicant’s current status. If the lockbox accepts an AOS package from someone who is not eligible to file for AOS, that will be a successful submission. It however does not mean the application will eventually be approved.

We’ve already gone over your specific situation in the past. My understanding of your situation is that you submitted your AOS application while still in a valid status. Your status eventually expired while your AOS application was pending, and you subsequently filed an EOS (after you had already filed for AOS). So that means you immediately rolled into what is known as AOS pending status. Since the AOS was filed before the EOS application, the IO adjudicating the AOS application does not need to wait for the EOS application process to be completed before adjudicating your pending AOS application.

Hope this explanation helps.

Hi Mom,

Are you able to provide clarification on the following as I note one slight difference to the above case?

EOS filed in March, 2024 (4 months before status expiration).
AOS filed in May, 2024 (when CN became current).
I-94 expiration in July, 2024.

Just wondering if there is a difference as the EOS was filed BEFORE the AOS.

Thank you.

 

[Sm1smom]

Hi @Sm1smom, I spoke with a live agent through Emma about the status of my case. They informed me that the case is currently with an officer at the Dallas field office and was last reviewed on 07/12/2024. Do you think this means my decision is coming soon? A case very similar to mine was approved in 46 days from the same field office, and it has already been 56 days since I filed and i did my biometrics 17 days ago. I'm a little worried because the fiscal year is coming to an end soon. Thanks

Considering there are other reported cases from your FO, you shouldn’t be basing your comparison on just one single case. Ideally, I would recommend using the longest case, or at a minimum, an average of all the other approved cases as your basis of comparison. Anyway, the update from the agent about an officer having recently reviewed a case file may not necessarily mean anything significant is about to happen.

 

[sisagov]

I need your thought on one thing. Given my situation, I am curious what would you do? I am stressing a lot from overthinking the situation and just want to get different perspectives before making a decision. I see that I have an option to request premium processing for my STEM OPT for additional fee. Given my STEM OPT gets approved by Aug 15 and my CN becomes current in Sep, and I get all the documents ready to submit as soon as my STEM OPT gets approved, do you think it is worth the effort and money spent on it? What would you do if you were on my shoes? Is there possibility at all?

 

[Sm1smom]

Hi Mom,

Are you able to provide clarification on the following as I note one slight difference to the above case?

EOS filed in March, 2024 (4 months before status expiration).
AOS filed in May, 2024 (when CN became current).
I-94 expiration in July, 2024.

Just wondering if there is a difference as the EOS was filed BEFORE the AOS.

Thank you.

Just in case you haven’t noticed, I actually stopped responding or commenting on your posts from back in May when you felt my response to your post was rude, when all I was trying to do was to calm you down knowing you still have quite a bit of road to travel on this DV journey. But at this point, I guess I will change my silent resolve about never responding or answering any of your questions again because just like I responded to someone else earlier on, while this is a thankless job, my desire is to see all the selected members in this forum succeed on their DV journey.

In a straightforward case of filing EOS prior to filing for AOS, where the applicant’s status actually expired before the AOS application was actually filed, my response here about the IO having to wait for the EOS application to be approved before the AOS application can be adjudicated will apply.

Your situation however is in a bit of what could be considered a grey area, as in filing for EOS first, followed by AOS before the current status expired. Some IOs may deem you to be in EOS pending once your I-94 expired and subsequently require it gets approved first before they can proceed with the AOS application, while some may not deem the EOS application approval as necessary prior to AOS approval because the AOS application was filed prior to current status expiration. So all I can honestly say is that you’ll have to wait and see.

 

[sisagov]

I need your thought on one thing. Given my situation, I am curious what would you do? I am stressing a lot from overthinking the situation and just want to get different perspectives before making a decision. I see that I have an option to request premium processing for my STEM OPT for additional fee. Given my STEM OPT gets approved by Aug 15 and my CN becomes current in Sep, and I get all the documents ready to submit as soon as my STEM OPT gets approved, do you think it is worth the effort and money spent on it? What would you do if you were on my shoes? Is there possibility at all?

Given I need time for biometrics, interview (which is highly likely given I was single when I submitted and now I am married and filing for both of us and both are on pending STEM OPT)

 

[Sm1smom]

I need your thought on one thing. Given my situation, I am curious what would you do? I am stressing a lot from overthinking the situation and just want to get different perspectives before making a decision. I see that I have an option to request premium processing for my STEM OPT for additional fee. Given my STEM OPT gets approved by Aug 15 and my CN becomes current in Sep, and I get all the documents ready to submit as soon as my STEM OPT gets approved, do you think it is worth the effort and money spent on it? What would you do if you were on my shoes? Is there possibility at all?

If your STEM OPT is likely to be approved mid-August with premium processing, the question you should be asking yourself is why wait until the STEM OPT approval before filing for AOS knowing fully well you do not have a lot of time left in the FY to complete the AOS process? Your answer to that question should hopefully help you decide on what to do.

 

[sisagov]

If your STEM OPT is likely to be approved mid-August with premium processing, the question you should be asking yourself is why wait until the STEM OPT approval before filing for AOS knowing fully well you do not have a lot of time left in the FY to complete the AOS process? Your answer to that question should hopefully help you decide on what to do.

I am just worried that if I don’t put in my approved STEM EAD into the AOS package, they will deny my application. That’s why wanted your opinion on this to see what would you do.
If you would apply before STEM OPT approval with expired EAD and the notice of extension, would you wait for AOS fee receipt to put it into the package given the pressing deadline or just send the application without it? Given your years of experience, your opinion is super important for me

 

[megdavidson26]

Just in case you haven’t noticed, I actually stopped responding or commenting on your posts from back in May when you felt my response to your post was rude, when all I was trying to do was to calm you down knowing you still have quite a bit of road to travel on this DV journey. But at this point, I guess I will change my silent resolve about never responding or answering any of your questions again because just like I responded to someone else earlier on, while this is a thankless job, my desire is to see all the selected members in this forum succeed on their DV journey.

In a straightforward case of filing EOS prior to filing for AOS, where the applicant’s status actually expired before the AOS application was actually filed, my response here about the IO having to wait for the EOS application to be approved before the AOS application can be adjudicated will apply.

Your situation however is in a bit of what could be considered a grey area, as in filing for EOS first, followed by AOS before the current status expired. Some IOs may deem you to be in EOS pending once your I-94 expired and subsequently require it gets approved first before they can proceed with the AOS application, while some may not deem the EOS application approval as necessary prior to AOS approval because the AOS application was filed prior to current status expiration. So all I can honestly say is that you’ll have to wait and see.

Hi,

Yes, I had noticed the lack of response and had presumed the reason why. Appreciate your follow up today and also hope that you noticed, prior to that one issue I had always appreciated your responses and thanked you accordingly. And indeed, the journey after receiving the NOA is indeed LONG.

1. Our issue with EOS is for our 3 minors (husband and myself are still current) - does that weigh any differently?
2. Also, if there is any type of delay with background checks and the case goes into AP - do they notify you or is there anyway to know that?

Thank you.

 

[Sm1smom]

I am just worried that if I don’t put in my approved STEM EAD into the AOS package, they will deny my application. That’s why wanted your opinion on this to see what would you do.
If you would apply before STEM OPT approval with expired EAD and the notice of extension, would you wait for AOS fee receipt to put it into the package given the pressing deadline or just send the application without it? Given your years of experience, your opinion is super important for me

1. Over thinking.
2. Previously provided response still applies. It is not about what I would do, it is about how risk averse you are, considering some other members already provided you some perspective on this also, so you need to make your own decision.

 

[Sm1smom]

Hi,

Yes, I had noticed the lack of response and had presumed the reason why. Appreciate your follow up today and also hope that you noticed, prior to that one issue I had always appreciated your responses and thanked you accordingly. And indeed, the journey after receiving the NOA is indeed LONG.

1. Our issue with EOS is for our 3 minors (husband and myself are still current) - does that weigh any differently?
2. Also, if there is any type of delay with background checks and the case goes into AP - do they notify you or is there anyway to know that?

Thank you.

1. The IO may end up not deeply reviewing the related filing period in that case, and simply approve their applications along with the parents'/main applicant's when they are ready to adjudicate the case.
2. The applicant is typically not notified, at least not directly initially. The response to a congressional inquiry may contain the hint about an applicant being in AP. The response to an eService request may also contain a hint about being in AP.

In general, there are applicants who already know they will be subjected to a prolong AP, or are already in AP based on their past experience with NIV applications, or their backgrounds as related to their field of study or work, or some of the countries they've been to in the past, or their chargeability country.

 

[megdavidson26]

1. The IO may end up not deeply reviewing the related filing period in that case, and simply approve their applications along with the parents'/main applicant's when they are ready to adjudicate the case.
2. The applicant is typically not notified, at least not directly initially. The response to a congressional inquiry may contain the hint about an applicant being in AP. The response to an eService request may also contain a hint about being in AP.

In general, there are applicants who already know they will be subjected to a prolong AP, or are already in AP based on their past experience with NIV applications, or their backgrounds as related to their field of study or work, or some of the countries they've been to in the past, or their chargeability country.

Very helpful, thank you!