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DV 2025 AOS (Adjustment of Status) Process Only

TheShogunate said:
Thank you again! I have to say, it is a bit ridiculous in my opinion that F1 students cannot fall back on their student status in case of AOS denial; I understand why it is so from a legal standpoint, in connection to the expectation of students to maintain nonimmigrant intent, but it seems a tiny bit unfair that it is such a huge risk. In essence, if a student wins the DV lottery (which has very low chances of happening), by applying for AOS they put themselves in an all-or-nothing situation: you either get a green card, or you lose your chance to keep studying in the US. It's a pretty brutal decision to have to make.
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F1 students do not automatically get terminated following AOS application denial, I think we can put this line of thought to rest at this point. There are underlying conditions that would lead to SEVIS being automatically terminated. The student's status remain as is if the status was not violated during the AOS pending period. However, such a student may not be able to get a new F1 visa from the embassy, should they need to apply for a new one, due to the already demonstrated immigrant intent.
 
SusieQQQ said:
So as long as the student has maintained status, they are ok?
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Yes, that is my understanding based on the notice in the link which I posted above - and it is not the first time I'm seeing that.

EXCEPTION:
However, with the new administration's apparent anti-immigrant stance, I wouldn't be surprised if they decide to unfairly target students with denied AOS application, and erroneously terminate their SEVIS.
 
Stoic Turk said:
Since the last couple of posts are about AOS denial while in F-1 status and having another status to fall back to, I have a question:

So I'm on STEM OPT and my employer is registering me for the H-1B lottery this year. MY DV2025 CN is right below EU26500 so it's high which means I will file Sometime around May - July by that time I'll also know if I'm selected in H-1B. I'm concerned pending COS (H-1B) and pending AOS (DV) filings may cause complications. I don't think DV CP would be a good decision in my case and I have been preparing for AOS anyway. What is the best strategy in terms of having these two processes continue in your opinion? Should I pay for I-129 premium processing and have it go through COS and file AOS only after COS is adjudicated? Or should I have my employer file it through consular processing? In short, does pending COS filings complicate AOS adjudication or vice versa? Thank you!
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A pending COS application, filed prior to AOS application being filed, is required to first get approved before the AOS application subsequently get's approved. If you can get your employer to premium file your H-1B prior to AOS filing, I would recommend that.
 
TheShogunate said:
Thank you again! I have to say, it is a bit ridiculous in my opinion that F1 students cannot fall back on their student status in case of AOS denial; I understand why it is so from a legal standpoint, in connection to the expectation of students to maintain nonimmigrant intent, but it seems a tiny bit unfair that it is such a huge risk. In essence, if a student wins the DV lottery (which has very low chances of happening), by applying for AOS they put themselves in an all-or-nothing situation: you either get a green card, or you lose your chance to keep studying in the US. It's a pretty brutal decision to have to make.
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By the way, even a denied CP filing (and not just AOS) could jeopardize a student's F1 status as a matter of fact. If the student would need to apply for a new F1 visa, they could be denied due to a demonstrated immigrant intent. In a situation where the student does not need to apply for a new visa, CBP could deny re-entry following CP denial due to the demonstrated immigrant intent following the CP denial.
 
Sm1smom said:
By the way, even a denied CP filing (and not just AOS) could jeopardize a student's F1 status as a matter of fact. If the student would need to apply for a new F1 visa, they could be denied due to a demonstrated immigrant intent. In a situation where the student does not need to apply for a new visa, CBP could deny re-entry following CP denial due to the demonstrated immigrant intent following the CP denial.
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Yes of course, I fully understand. In essence, a student will almost definitely not be able to re-enter the US with a denied AOS or CP application, due to an extremely high probability of an inability to renew an F1 visa, and the CBP suspicion at the POE.

Thank you for your update regarding the SEVIS status for students who are in the US and get their application denied. Hopefully it stays the same way, but I'm not holding my breath with the direction things are going currently. I appreciate your diligence!
 
TheShogunate said:
Yes of course, I fully understand. In essence, a student will almost definitely not be able to re-enter the US with a denied AOS or CP application, due to an extremely high probability of an inability to renew an F1 visa, and the CBP suspicion at the POE.

Thank you for your update regarding the SEVIS status for students who are in the US and get their application denied. Hopefully it stays the same way, but I'm not holding my breath with the direction things are going currently. I appreciate your diligence!
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Just to clarify, I never said a student will most definitely not be able to re-enter the US ... . Setting the records straight here, as I like to pick my words with care.
 
Hi mom and all,

Quick question. We are waiting for our interview that has been scheduled (will add all of the data to the sheet shortly), and we just learned that we will need to move before the interview. What complications with our case would moving out of state create at this point?
 
MaryJks said:
Hi mom and all,

Quick question. We are waiting for our interview that has been scheduled (will add all of the data to the sheet shortly), and we just learned that we will need to move before the interview. What complications with our case would moving out of state create at this point?
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If at all possible, don’t. If you’re living elsewhere then the FO you are scheduled at no longer has jurisdiction over you and they will send the case on. Delays will be assured, no idea how long they might or might not br
 
MaryJks said:
Hi mom and all,

Quick question. We are waiting for our interview that has been scheduled (will add all of the data to the sheet shortly), and we just learned that we will need to move before the interview. What complications with our case would moving out of state create at this point?
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Congratulations on the interview. I'll be waiting for you to update the spreadsheet. We're from the same city :)
 
MaryJks said:
Hi mom and all,

Quick question. We are waiting for our interview that has been scheduled (will add all of the data to the sheet shortly), and we just learned that we will need to move before the interview. What complications with our case would moving out of state create at this point?
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Moving out of State prior to your interview could cause your interview to be paused by the current FO with jurisdiction as at the time of filing to another FO with jurisdiction over the new residential address in the new State.
 
MaryJks said:
Ok, thank you guys. What about moving locally, is that ok?
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Moving locally "is fine" as long as the new address is still under the jurisdiction of the FO over the previous address. However, the potential for notifications to still get sent over to the old address cannot be overlooked even after updating your mailing address with USCIS.
 
Sm1smom said:
A pending COS application, filed prior to AOS application being filed, is required to first get approved before the AOS application subsequently get's approved. If you can get your employer to premium file your H-1B prior to AOS filing, I would recommend that.
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Thank you! Assuming I can't convince my employer for premium processing and I can't self pay, is trying to convince my employer to have the I-129 filed for consular processing a good plan B? If AOS is denied, I can get an H-1B stamp at a consulate and come back, right? Given H-1B is dual intent, the immigrant intent that will have been established when I pay the DV fee shouldn't be a problem. Am I thinking correctly about this?
 
Stoic Turk said:
Thank you! Assuming I can't convince my employer for premium processing and I can't self pay, is trying to convince my employer to have the I-129 filed for consular processing a good plan B? If AOS is denied, I can get an H-1B stamp at a consulate and come back, right? Given H-1B is dual intent, the immigrant intent that will have been established when I pay the DV fee shouldn't be a problem. Am I thinking correctly about this?
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1. I'm sorry I really can't guide you on your plan B. It is outside the realm of the DV based AOS guidance which I provide.
2. Technically speaking, yes, since H1B is a dual intent visa - but these really are uncertain times under the current administration.
 
Good evening, do we fill out the I 485 form online from our USCIS account or do we send it as a printout to the lockbox?
 
Hello everyone!

I know it might be one of the commonly asked question and I’m just panicking with still no direct answers found here - but how long does it usually take for Chicago USCIS Center to process the I-485 package for the current DV win number in case of the family of three?

My package has been marked as delivered by USPS since Jan 20, however I don’t see any replies from USCIS via emails yet and money orders are still uncashed.

Some chatbots told me I should expect 1-6 weeks response time (I-797 notice with case number), not sure if that’s right. So it would be great to know other members experience.
 
Maximpl said:
Hello everyone!

I know it might be one of the commonly asked question and I’m just panicking with still no direct answers found here - but how long does it usually take for Chicago USCIS Center to process the I-485 package for the current DV win number in case of the family of three?

My package has been marked as delivered by USPS since Jan 20, however I don’t see any replies from USCIS via emails yet and money orders are still uncashed.

Some chatbots told me I should expect 1-6 weeks response time (I-797 notice with case number), not sure if that’s right. So it would be great to know other members experience.
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I think it is still early for you. But keep asking Emma if they have scheduled your bio yet or not. This is really important. It's been 90 days for me and I'm still waiting to receive the interview notice letter.
 
omarsn93 said:
I think it is still early for you. But keep asking Emma if they have scheduled your bio yet or not. This is really important. It's been 90 days for me and I'm still waiting to receive the interview notice letter.
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Thanks and good to know.
Sorry, I’m confused: what’s Emma?
 
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