DV 2024 AOS (Adjustment of Status) Process Only

[Kagen310]

Hi,

1)I am exactly in your shoes right now. I am waiting for my case to be approved while my I-20 will expire in April. I plan to extend my I-20. However, I could not find a single definitive answer for this question. Some sources say it is fine to extend whereas other sources consider it to be somehow risky. Same case for OPT. To see mom's response to my question go to page 25.( I can't share links)

2)As long as you file your application while you are legal, that is fine. The fact that your status expired after your application is filed should not affect the decision by itself. However, if somehow USCIS denies it ( even erroneously due to early filing), then your I-485 EAD gets cancelled and you have to leave the country. That is why I do not want to lose my F-1 status.

Definitely, mom would give better answer but this is what I learned based on my research. Please inform me what you decided to do since we are in a similar condition.

Thank you. I will let you know if I do end up applying for OPT. Worst case, I'm also on TPS status. I'm hoping that it will allow me to stay in the US while my I-485 is pending even when my F1 status expires.

 

[Sm1smom]

No, I haven't received it yet. My understanding is that it would violate my F1 status if I used the AOS EAD to work.

Okay, good to know it is still pending. The way you worded your previous post came across as if you already have the AOS based EAD and it has been used to undertake authorized employment. Yes, using an AOS based EAD will violate your current (F1) status. Now to your previous post

Thanks for taking the time to respond. I will try to contact USCIS about my case. Hopefully, they can locate it and I don't receive a generic copy paste response.

That brings up another one of my concerns.

1. Since I'm here on F-1 and graduating in May, should I apply for the F-1 EAD (OPT) to maintain my legal status (that is, if I don't receive a decision by then)? I already have a full-time job lined up but I haven't told my employer about my pending case (They are willing to sponsor btw). I've read posts about how USCIS may deny the F-1 EAD since I already have an EAD based on the pending I-485 application.

2. If I don't apply for OPT, could USCIS deny my I-485 application upon the completion of my program when I graduate, since I will no longer be in F-1 status anymore. This situation seems complicated. I really appreciate your help.

1. Yes, go ahead and apply for OPT when you become eligible to do so. While it is preferable to already have the OPT application in place, or approved prior to filing for AOS, it is not too late to do so after. I’m yet to come across of an OPT denial due to a pending AOS application, or due to already having an approved AOS based EAD.

2. Nope, USCIS will not deny your AOS application due to falling out of status while the application is pending. Of course, the AOS application could be denied for any other applicable reason(s).

 

[Sm1smom]

Hi! First of all I would like to thank everybody who is helping others on this forum (especially Sm1smom) - you are doing an awesome job which provides extremely valuable transparency and statistics to somewhat tricky process.

I've looked through almost all the materials provided here and in Simon's Blog and decided that the provided information is more then enough to file myself. We are a family of 4 currently staying in US legally on L1/L2 status, our case number is 2024EU00031XXX. We decided to go with AOS. According to the latest estimates by Simon we have a good chance becoming current - his estimate was a range of 31000-42000. My feeling that this will happen around August-September, so with early filing in mind we can expect the lockbox delivery date for us to be around June.

However there is only one concern I currently have - looks like there is a high chance to be denied due to visa exhaustion. And with total fees being ~$8000 for the family of 4 that becomes somewhat a gamble. It would be great to estimate the chances of failure more precisely.

I've done a quick research of the data for previous years for the EU region (see below) and looks like the month of June is somewhat the boundary to get the successful application.

For 2023 looks like all 3 people who had CN Current Month of July and CN ~30000 got denied due to Visa exhaustion
- The lockbox delivery date for all of them was in July, looks like they did not use early filing.
For 2021 and 2020 almost all people having CN >30000 got approved due to CN getting current in June
- For lots of them lockbox delivery date is in May - indicates early filing.
For 2019 and 2018 there were no cases >30000, almost all users got approved, latest getting current in June
For 2019 and 2018 there were no cases >30000, almost all users got approved, latest getting current in May
For 2015 and 2014 there were lots of cases >30000 being approved, even those who got current in August
- For lots of them lockbox delivery date was earlier than current month - indicates early filing.

I would really appreciate if somebody could help me with an advice of following questions:

1. How can I better estimate the chances of visa exhaustion for our case? I currently feel that chances are around 50% and are willing to take the risk. However if there is some info I'm missing which decreses the chances to say 10% only - I'd rather do not bother because we also have a employer-related PERM process ongoing.
2. Is there any way to minimize the chances of visa exhaustion by taking some particular actions apart of early filing - e.g. constantly pinging the Immigration Officer?
3. Is there any professional consultant or agency who can help with items 1 and 2 - for the reward of cause?

IMHO, you’re probably engaging in a fruitless exercise at this point considering for as far back as 2010/2011 (as I remember), there’s only been two years we’ve had to contend with visa exhaustion, 2017 (which wasn’t even global) and 2023 - anyone who remembers better can correct me on this, of course.

While your analysis seems to be focused around CNs similar to yours and the months in which they became current/filed for AOS, it does not seem to account for things like the performance of some embassies who may decide to throttle DV cases in the case of those filing for CP; FOs treatment of DV based AOS applications (some FOs love to batch DV based AOS cases together and leave adjudication towards the end of the FY regardless of when the case became current or when it was filed); cases getting stuck on AP; etc.

 

[megdavidson26]

Hi,

We are currently based in Hawai'i and planning to submit via AOS once CN becomes current.

On the AOS spreadsheet, I don't see anyone else with a Field Office for Hawai'i. Do any of the forum admins or users have experience or anecdotal info on whether the FO moves slowly or quickly?

 

[Sm1smom]

Hi,

We are currently based in Hawai'i and planning to submit via AOS once CN becomes current.

On the AOS spreadsheet, I don't see anyone else with a Field Office for Hawai'i. Do any of the forum admins or users have experience or anecdotal info on whether the FO moves slowly or quickly?

Have you taken a look at all the available past Timeline spreadsheets?

 

[Kagen310]

The Chicago FO waived the interview for DV based AOS applications for 2023 cases, they may decide to do the same thing for for 2024. You can take a look at the 2023 Timeline Spreadsheet to read about the reported cases in this forum. Yes, there’s the potential for your case to be erroneously denied (without an interview by the way) due to your early filing. It is also possible they actually looked at your case file back back in September and decided to put it aside pending the beginning of your applicable FY (as against denying it due to early filing), and it has somehow fallen through the cracks as of now (as in they’ve lost site of it).

So you need to start following up on the case. You can do this by calling the USCIS 1800 number and try to speak with an agent, the phone line is automated, so getting a live agent can be quite hard. You can also initiate a chat with Emma and request to be connected with a live agent. Keep us posted of the outcome.

Update: Contacted EMMA this morning and was told by the agent that it hasn't been transferred to a FO (she said it is still with the NBC). She also said that there are no updates at this time (latest update was biometrics reused on 08/29/2023). Kinda sounds suspicious and concerning since it's been 5 months. I don't think contacting another agent would yield a different result since they don't even bother and just end the chat sometimes. I'm at a lost. Could anyone suggest what I can do right now?

 

[Sm1smom]

Update: Contacted EMMA this morning and was told by the agent that it hasn't been transferred to a FO (she said it is still with the NBC). She also said that there are no updates at this time (latest update was biometrics reused on 08/29/2023). Kinda sounds suspicious and concerning since it's been 5 months. I don't think contacting another agent would yield a different result since they don't even bother and just end the chat sometimes. I'm at a lost. Could anyone suggest what I can do right now?

I'm not surprised by what she said, they tend to say that. It however is not true, the case is already at your FO and not the NBC like you were informed, I doubt she actually checked before stating the case is still with the NBC.

You can initiate a congressional inquiry at this point, you'll need to explain to them this is a DV based AOS case and it is time-limited.

How to initiate a congressional case inquiry?:
Identify your local Congressional representative using the “Find Your Representative Tool” on the House of Representatives’ website. Then proceed by:

• Visiting your representative’s website, typically found in the “Services” section.
• Look for the “Help with a Federal Agency” option.
• Complete the necessary forms, which usually include signing a release and providing detailed case information and supporting evidence.

 

[Plus19]

Update: Contacted EMMA this morning and was told by the agent that it hasn't been transferred to a FO (she said it is still with the NBC). She also said that there are no updates at this time (latest update was biometrics reused on 08/29/2023). Kinda sounds suspicious and concerning since it's been 5 months. I don't think contacting another agent would yield a different result since they don't even bother and just end the chat sometimes. I'm at a lost. Could anyone suggest what I can do right now?

So, both your and our field offices were in Chicago. I also contacted the agent through Emma again. First, two agents didn't help and gave general information like check processing times. So, the third agent finally took the time to check my case. So, my case has been at the field office since 10/06/2023, and the most recent action on the case was on 12/15/2023.

When I asked the agent last time on November 29, they said it was at the field office as of November 28. I misunderstood that, as they received it on November 28. However, it was just at the field office at the time.

Here is our conversation this time:

Me: Can you see when my case was sent to the field office?
Agent: it was sent to the field office on 10/06/2023.
Me: thanks. is there any action since then?
Agent: the most recent action was on 12/15/2023.
Me: What was it about?
Agent: There are no notes about action. If there is a significant need, you will receive a notice in the mail explaining the situation. Right now, it is at the field office.

 

[Kagen310]

I'm not surprised by what she said, they tend to say that. It however is not true, the case is already at your FO and not the NBC like you were informed, I doubt she actually checked before stating the case is still with the NBC.

You can initiate a congressional inquiry at this point, you'll need to explain to them this is a DV based AOS case and it is time-limited.

So, both your and our field offices were in Chicago. I also contacted the agent through Emma again. First, two agents didn't help and gave general information like check processing times. So, the third agent finally took the time to check my case. So, my case has been at the field office since 10/06/2023, and the most recent action on the case was on 12/15/2023.

When I asked the agent last time on November 29, they said it was at the field office as of November 28. I misunderstood that, as they received it on November 28. However, it was just at the field office at the time.

Thank you everyone for taking the time to respond. This forum has been a great help to me. I contacted EMMA again just to try my luck and this agent said the opposite... (Your case is with the Chicago FO and we are not provided the transfer date. Last update is biometrics complete and an interview has not been scheduled.) They don't know if it has been assigned to an officer either.

 

[megdavidson26]

Have you taken a look at all the available past Timeline spreadsheets?

Been through both 2023 and 2024 AOS timeline spreadsheets and didn't see any Hawaii FO.

Looked back through 2018 and 2022 forum threads and couldn't locate the AOS timeline spreadsheets (only the process spreadsheet). I'm not sure how many years back the timeline spreadsheets have been going? Is there anywhere specific I should be looking?

 

[rondon]

Been through both 2023 and 2024 AOS timeline spreadsheets and didn't see any Hawaii FO.

Looked back through 2018 and 2022 forum threads and couldn't locate the AOS timeline spreadsheets (only the process spreadsheet). I'm not sure how many years back the timeline spreadsheets have been going? Is there anywhere specific I should be looking?

Yes, you should be looking in the "Timelines" tab of the AOS Process Spreadsheet

 

[megdavidson26]

Yes, you should be looking in the "Timelines" tab of the AOS Process Spreadsheet

Awesome, thank you!

 

[oliaileiko]

@Sm1smom good evening ! Sorry for bothering , but I have a few questions : me , my husband and our 2 kids we won a DV Lottery 2024 . Our number was 4*** . We won while in USA on L1B visa until 2025 year . My question is that we already filed everything to USCIS , we had our fingerprints done on November 15th but still waiting for an interview to be scheduled ( we also have I 601 vaccination waiver for our daughter with our I485 , so now we don’t know if it’s can be the reason for the process to take longer than expected ) . We want to change our current employee so I just want to know if we have the rights do to that ? Can we apply separately for a work authorization from our green card and change our employee ? While waiting for a green card , even if our visa will expire we will be still legal here in USA ? And is there a chance to apply for a combine card so we can travel while waiting ? I just want to know if we have there legal rights to change our employee ( as as soon as we will do that , they will cancel our current visa here for sure ) . Can you pls help with this questions ?

 

[Sm1smom]

@Sm1smom good evening ! Sorry for bothering , but I have a few questions : me , my husband and our 2 kids we won a DV Lottery 2024 . Our number was 4*** . We won while in USA on L1B visa until 2025 year . My question is that we already filed everything to USCIS , we had our fingerprints done on November 15th but still waiting for an interview to be scheduled ( we also have I 601 vaccination waiver for our daughter with our I485 , so now we don’t know if it’s can be the reason for the process to take longer than expected ) . We want to change our current employee so I just want to know if we have the rights do to that ? Can we apply separately for a work authorization from our green card and change our employee ? While waiting for a green card , even if our visa will expire we will be still legal here in USA ? And is there a chance to apply for a combine card so we can travel while waiting ? I just want to know if we have there legal rights to change our employee ( as as soon as we will do that , they will cancel our current visa here for sure ) . Can you pls help with this questions ?

When you say you want to change your “employee”, do you mean to say you want to switch jobs and change your “employer”? Yes you have the right to apply for an AOS based EAD card to enable you work for a different employer if you wish. If your current status expires while your AOS application is pending, you’re allowed to remain in the US until the case gets adjudicated or until the end of your applicable DV FY (which ever comes first). And yes, you can apply for AP card based on your pending AOS application (you actually could have submitted the applications for both the EAD and AP cards with your AOS application).

p.s. number your questions when you have more than one question per post.

 

[icy_dragonfruit]

Hi,

As indicated on timeline, USCIS received my package on December 22. We are approaching almost 4 weeks and I have not heard anything from USCIS. I know people having completed their bio within a month and I am still waiting my NOA. Apparently the lawyer has not attached form G-1145 and hence I do not know my case number. The only thing I know is that the cash was cashed on January 12, 3 weeks after the submission. USCIS asks to contact them unless the first NOA was not received in 30 days, which would be this Sunday. In this situation is there anything I should/can do apart from waiting? Why does it take so long?

 

[megdavidson26]

Hi,

As indicated on timeline, USCIS received my package on December 22. We are approaching almost 4 weeks and I have not heard anything from USCIS. I know people having completed their bio within a month and I am still waiting my NOA. Apparently the lawyer has not attached form G-1145 and hence I do not know my case number. The only thing I know is that the cash was cashed on January 12, 3 weeks after the submission. USCIS asks to contact them unless the first NOA was not received in 30 days, which would be this Sunday. In this situation is there anything I should/can do apart from waiting? Why does it take so long?

How do you not know your case number? Did you check the DV lottery in May to find out you were a winner? That notification/letter would have your CN on it.

 

[icy_dragonfruit]

Sorry I meant the receipt number.

 

[Sm1smom]

Hi,

As indicated on timeline, USCIS received my package on December 22. We are approaching almost 4 weeks and I have not heard anything from USCIS. I know people having completed their bio within a month and I am still waiting my NOA. Apparently the lawyer has not attached form G-1145 and hence I do not know my case number. The only thing I know is that the cash was cashed on January 12, 3 weeks after the submission. USCIS asks to contact them unless the first NOA was not received in 30 days, which would be this Sunday. In this situation is there anything I should/can do apart from waiting? Why does it take so long?

Be patient. Processing depends on how busy the Lockbox is as at the time of package delivery. You filed just before the holiday season.

Are you sure your lawyer did not request all communications come directly to them when submitting your application? Have you asked them about what to do or what could be the reason for the delayed NOA receipt?

p.s. Here’s a classic example of the pitfalls of hiring a lawyer for the filing. One would think the lawyer would be experienced enough to understand the need to include the G-1145 with the submitted package.

 

[oliaileiko]

When you say you want to change your “employee”, do you mean to say you want to switch jobs and change your “employer”? Yes you have the right to apply for an AOS based EAD card to enable you work for a different employer if you wish. If your current status expires while your AOS application is pending, you’re allowed to remain in the US until the case gets adjudicated or until the end of your applicable DV FY (which ever comes first). And yes, you can apply for AP card based on your pending AOS application (you actually could have submitted the applications for both the EAD and AP cards with your AOS application).

p.s. number your questions when you have more than one question per post.

 

[oliaileiko]

Thanks a lot for quick response .

I don’t understand few more things :

1) Do we have to pay for biometric fees again with I 765 if we’ve already paid biometric fees with i485 and we had our biometrics done on November 15th 2023 in Illinois .

2) what’s faster in practice : to apply for EAD first or EAD with AP ( combo card ) ? Can you advise from your experience ?

3) if we can apply for EAD to be able to work for a different employer , we know for sure that our current employer will cancel our current work visa ( valid until Sep 2025 ) immediately ; in this case we will be legally in USA based on our I 485 ?

4) how long can we stay legal in USA based on our I 485 ( DV lottery case ) , USCIS must make a decision by the end of FY or it can be longer ?

5) since our current visa will be canceled , do we need to apply for any other visa inside USA while waiting for our pending application ?

6) in our I 485 case we have I 601 ( vaccination waiver for our 2 years old daughter ) the timing of consideration is different , so we wonder in this case could it slow down a decision on I 485 ?

7) if we will have AP so we can travel with our passport , AP and I 797 right ?

Thank you so much for your time