Freddiereigns
Member
Quick question, what is the time frame before you can initiate congressional inquiry for DV cases
DV 2024 AOS (Adjustment of Status) Process Only
- Thread starter Sm1smom
- Start date
Freddiereigns
Member
Just to clarify, is there maybe a wait time before you can go ahead and request for a congressional inquiry.
megdavidson26
Active Member
Does anyone know how long KCC usually takes to cash the check once they have received the DV admin fee? The spreadsheet shows the time difference between the fee delivery date/cashed date and the date they received the receipt.
Just wondering the average time difference after the check was delivered that it was actually cashed.
Thanks.
Just wondering the average time difference after the check was delivered that it was actually cashed.
Thanks.
K_U_USA
Member
Dear Mom,
My number became current for June. My application got delivered to Lockbox on 4/24. Waiting on NOA and sms/email. I am on F1 visa, I recently won H1B lottery. Should my company start filing for H1B? Is there any risk that if my company files for H1B, any my Green card gets approved, can it by accident be changed from Green Card to H1B - by confusion/mistake? does my question make sense ?
My number became current for June. My application got delivered to Lockbox on 4/24. Waiting on NOA and sms/email. I am on F1 visa, I recently won H1B lottery. Should my company start filing for H1B? Is there any risk that if my company files for H1B, any my Green card gets approved, can it by accident be changed from Green Card to H1B - by confusion/mistake? does my question make sense ?
Sm1smom
Super Moderator
Yes, USCIS is waiving the bio completion requirement for applicants who recently completed a bio appointment.
Sm1smom
Super Moderator
There's no general/standard wait time prior to initiating a congressional case inquiry. Recommended wait interval varies as it is both case and FO dependent.
Sm1smom
Super Moderator
What you're able to see on the spreadsheet is what we know.
Sm1smom
Super Moderator
I cannot tell you if your company should initiate your H1B filing or not, that is a conversation/decision between you and your company. I however can tell you it is possible to have multiple applications running in the system at the same time. If the GC application gets approved before the H1B application, USCIS will eventually cancel the H1B application (although it is recommended for the applicant to withdraw/cancel the NI application themselves at that point) - USCIS will not mistakenly convert/change the GC approval to a H1B approval.
HaniEE
Member
But my wife still needs to do Bio, is it correct?
Sm1smom
Super Moderator
Yes.
Freddiereigns
Member
So I’m in a dilemma and I’m wondering if I should go ahead and issue a congressional inquiry and if it will even change anything at all. I conducted an address change (which mom established it could cause delays). It’s been 50 days since the change in address yet whenever I ask about the current FO handling the case, it is still the old address FO (Des Moines). The new FO should be Saint Louis. And I’m wondering if it’s a good idea now to initiate the congressional inquiry (to help transfer the case to the right Jurisdiction) or wait sometime more. I’m just skeptical about the length of time an internal case transfer can take. I don’t even know if an inquiry can help with the transfer speed or atleast get someone to take a look at the case.
Sm1smom
Super Moderator
Case transfer typically happens either when the previous FO is ready to schedule the interview and they observe the change in address; or if the FO typically waives the interview, the transfer may happen at that point when they open the application for review (and they notice the new address); or when you show up for the interview (if they fail to catch the address change prior to scheduling the interview) and the address change is noted, the case transfer will then happen at that point whereby the IO will inform you the case is no longer under their jurisdiction and will need to be transferred to the FO with jurisdiction over the new address.
So yeah, you're in a bit of a pickle at this point, as you'll need to decide on which congressperson you'll need to reach out to if you decide to initiate a congressional inquiry. If you contact the congressperson with jurisdiction over your previous address for assistance and explain to them you no longer live within their jurisdiction, don't be surprised if they refuse to provide case follow-up assistance. If, on the other hand, you reach out to the congressperson with jurisdiction over your new address, and explain you filed with your old address which is not within their jurisdiction, you may receive the same refusal response.
What you can do at this point IMHO is to first take a look at some of the past Timeline spreadsheets to get an idea of the average processing time for the FO with jurisdiction over your previous address and determine if your timeline is already outside of the average timeline reported for that FO. And if that is the case, then you may want to contact the congressperson with jurisdiction over that address and request case follow-up assistance (without providing any information about having moved out of their jurisdiction) and see what response they come up with.
Freddiereigns
Member
Thank you so much. Looking at the timelines from past years, only a few cases were under this FO. Also all the cases had interviews hence I’m thinking it’s likely they will find out about the address change when it’s time for them to schedule an interview. I saw from the 2022 timeline someone had to wait for 300 days after filing before getting an interview date. they tend to start interviewing after July. I wouldn’t want to wait till July/August before they realize there is a change in address hence they have to transfer my case. I believe that could cause more delays since the deadline is September. Hence I would wait for about a week more and contact the congress under the old address like u advised and see what they say. Thank you and I will send an update if anything.
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Freddiereigns
Member
So I used the tool in the faq to find the offices and I realized I have the same congressional office for both addresses since it’s the same state but about an hour drive away from each other.
1. On the side note. I have a lawyer and (I wish I didn’t get one for this case) cause he is not too familiar with the DV case process. Do you think it will be better to have him make the inquiry to the congress on my behalf or I can go ahead and do that.
2. I’m also wondering will changing the address back to the old one since I have access to it, cause any problems? Can I just change it back to the old one and maintain the old JR at this point or it will look desperate?
1. On the side note. I have a lawyer and (I wish I didn’t get one for this case) cause he is not too familiar with the DV case process. Do you think it will be better to have him make the inquiry to the congress on my behalf or I can go ahead and do that.
2. I’m also wondering will changing the address back to the old one since I have access to it, cause any problems? Can I just change it back to the old one and maintain the old JR at this point or it will look desperate?
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Sm1smom
Super Moderator
1. AFAIK, lawyers do not initiate congressional inquiries - the constituent needing congressional assistance is expected to directly contact their congress person themselves, and not through a third party. The most your lawyer can do is to directly follow up with USCIS on your behalf to obtain case update (of course that if they are listed as your lawyer of record).
2. This could create some additional confusion IMO, but you can do so if you like. You can also discuss this with your lawyer and get their take on it.
Freddiereigns
Member
I will initiate the congress inquiry and see what response I get. You right I don’t want to complicate the case further so I will keep the new address. Thank you
cbondmauro
New Member
I think I screwed up - I am currently on an E3 visa with a OC39XX case number, and I just filed my DS-260 last Friday and received the 2NL this morning. I realize reading through this forum and the entire AOS process that I am currently showing immigration intent, and further worse, my case number is high and unlikely to be met. Should I attempt to switch to CP now, so that I am not showing immigrant intent and my current E3 visa doesn't get affected?
Thanks so much Sm1smom for having this dedicated forum - my immigration attorney's haven't been helpful in this process at all and now I'm a little worried that I made a huge mistake.
Thanks so much Sm1smom for having this dedicated forum - my immigration attorney's haven't been helpful in this process at all and now I'm a little worried that I made a huge mistake.
cbondmauro
New Member
Sm1smom - Just for some more context. I've been on an E3 since early March and before that F1 OPT and as an E3D (have lived in US now for ~15 years). From what I'm reading in the AOS FAQs sheet, because I had already resided here in the US, its acceptable to form AOS, even if I'm on a NIV?
Apologies if I come across as rambling or not making sense - I'm just very stressed now that I've made a massive mistake.
Apologies if I come across as rambling or not making sense - I'm just very stressed now that I've made a massive mistake.
Sm1smom
Super Moderator
Switching to CP will not over-ride the declared immigrant intent. The DS260 submission itself, regardless of the intended processing option, is what signifies the immigrant intent. The declared immigrant intent has no impact on your current E3 status. It may be an issue if/when you need to renew your E3 visa later on.
Sm1smom
Super Moderator
Yes, that is correct.