• Hello Members, This forums is for DV lottery visas only. For other immigration related questions, please go to our forums home page, find the related forum and post it there.

DV2008--AOS only

I think some people call an FBI number (not sure of the details) but since we had an Infopass appointment anyhow today, we asked there and they pulled up the results on the computer. Very quick since Biometrics were only taken on Saturday.

The FBI number to call is: (304) 625-2000. Tell the operator you want to check on the status of your immigration-related fingerprints, then, choose option 3. Note that they can only tell you when your fingerprints were received and when the FBI sent the response back. They won't tell you what the response was. Also, the number above is for the FBI's CJIS division in Clarksburg, VA. They only deal with fingerprints and have nothing to do with name checks.

I once went with an infopass appointment to check on the status of my employment-based I-485 case and was told that my background check had come back within days of the biometrics appointment. I was all excited until I realized that many USCIS employees don't appear to know the difference between fingerprint checks and name checks. Having said that, it is possible for name checks to come back within days. See the following links for more information:

http://www.fbi.gov/hq/nationalnamecheck.htm
http://www.fbi.gov/page2/nationalnamecheck.htm
 
We got I-485 bending but I won DV2008, but I can not do AOS and must do CP.

bahadur007,

Please answer this question you might be the only person who have a similar case to our case::(

Our story in short is: We currently live in the USA and work full time and we already filled for I-485 application through employment, the USCIS requested a 2nd RFE but we found out that I worked for 93 days without work authorization due a mistake on the behalf of our employer and my wife worked more that 180 days also due to a mistake on the behave of our employer. I am according to 245k should be fine, but my wife might be in trouble.

Therefore we can not do AOS in the USA because it is subject to the terms of the 245k that state that we should not get engaged in unauthorized employment for more that 180 days.:(

Our only option according to our lawyer advice is to file our DV2008 using consular processing in our home country.:confused:

We are not sure but at this point we might very much do the CP instead of the AOS, Here is my question for you::confused:

When you filed for your CP were you physically leaving in the USA? My wife and I are now currently leaving in USA for the past 6 years. Our concerns about CP is that when we go for the CP interview we have to wait their for the FBI name check that might take months or sometimes years. We already have a full time job for both of us, Mortgage, 2 cars, and preschool for our 2 USA citizens’ kids. We can not afford to go to our home country and wait for the FBI name check. Also our home country is on the list of states that support terrorism. :mad:


My question in simple is:

When you got your interview letter was that after they check on your background and just went there to get the GC stamp on your passport. Please tell us the steps of your CP if possible in details.:confused:

Please help us here,

Thank you,
RMS2003.








I was in the same situation. My I-140 was approved in 2005, my I-485 had been pending since 2005. We decided to keep the I-485 for the employment case and pursue CP for the DV2007 case. We are now permanent residents based on the DV2007 case.

I read somewhere that only one I-485 can be filed at a time. So, you may have to withdraw the other one at some point if you want to do AOS for the DV2008 case. The advantage of becoming a permanent resident through the DV program is that it is not tied to your employer, so you will be free to do whatever you like in terms of accepting other employment.
 
Last edited by a moderator:
RMS2003,

I've had same concerns about CP, only because of name check. I talked to consular immigrant visa section in my home country, and then to KCC regarding this and to one attorney from my country who works in USA as an immigration attorney. They all made it clear to me that although name check process is started before your interview but name check does not have to be complete until the interview day; in other words, consular in your country (where your interview will be) will start the name check process, but it may be still pending on your interview date. If this is the case, you will have to wait until name check process is completed. You cannot return USA after interview with your visa since they will cancel your nonimmigrant visa in interview. However, you can return if you have Advance Parole (if you applied for with EB-AOS) approved before you leave US for CP interview; you would need to fly to your home country to get GCs when they complete the name check.

Bottom line, if you have approved AP, go for CP; you can return to US with your AP after the interview. But if you do not have AP, It is very very risky. I couldn't take this risk since my AP has not approved yet.
 
Our story in short is: We currently live in the USA and work full time and we already filled for I-485 application through employment, the USCIS requested a 2nd RFE but we found out that I worked for 93 days without work authorization due a mistake on the behalf of our employer and my wife worked more that 180 days also due to a mistake on the behave of our employer. I am according to 245k should be fine, but my wife might be in trouble.

Hmm, before I respond to your question, let me ask you first some questions.

1 - What is the RFE about? Does it relate to the work without authorization?

2 - When did you and your wife work without authorization?

3 - Did you or your wife visit any foreign country and return to the US since the work without authorization? If so, in what status were you and your wife admitted?
 
Got I-485 bending with 2nd RFE, Won DV2008, but can not do AOS and must do CP anyhelp

Bahadur007,

Here are the answers to your questions:
1 - What is the RFE about? Does it relate to the work without authorization?

We got 2nd RFE for to provide the missing W-2's, Tax return, first and last pay stub for every employer we work for 2003, 2004, 2005, and 2006. Also they found out from our 1st RFE that we work for employer that they did not have H1-B approval, what happen is that this is the same employer but because it has a different tax ID number and different corporation name so we are screwed. I counted the number of days and I found it is 93 days for me, and we got a letter stating that. But if USCIS ask for a 3rd RFE requesting the date of unauthorized employment then we are in a big trouble. Also my spouse work for the same employer and she for sure worked more than 180 days. This is a mistake that was the result of my company policy on checking work authorization under I-9 forms. When our HR office read our H1-B approval and saw their XYZ company name he/she though it is enough. My wife, I, and my lawyer we did not know the other company location is a different employer, but my lawyer filled for an LCA since it is the same company name, but different location.
:(

2 - When did you and your wife work without authorization?
I am not sure what you exactly mean by this question, We did work before we file our I-140 and I-485 applications. As I Remember our lawyer filled for an LCA because we though it is the same employer but different location. :confused:

3 - Did you or your wife visit any foreign country and return to the US since the work without authorization? If so, in what status were you and your wife admitted?

I never left the country since 2000 and since 2001 for my wife. My work that is without authorization is during 2004 and for my wife is during 2005 and 2006.:(

Can you please refere a good lawyer for the CP for our DV2008 if really know of a very good one?

RMS2003

Hmm, before I respond to your question, let me ask you first some questions.

1 - What is the RFE about? Does it relate to the work without authorization?

2 - When did you and your wife work without authorization?

3 - Did you or your wife visit any foreign country and return to the US since the work without authorization? If so, in what status were you and your wife admitted?
 
advwinner08,

Thank a billion, I will consult a lawyer for getting an AP this way if during the CP interview my Name check is not complete I then can go back to USA and resume my work. Great point I never though about it. But the AP will take now at least 4-6 months with the extended delay that I found when I called USCIS this afternoon.

Thanks again.
RMS2003
 
Bahadur007,

Here are the answers to your questions:
1 - What is the RFE about? Does it relate to the work without authorization?

We got 2nd RFE for to provide the missing W-2's, Tax return, first and last pay stub for every employer we work for 2003, 2004, 2005, and 2006. Also they found out from our 1st RFE that we work for employer that they did not have H1-B approval, what happen is that this is the same employer but because it has a different tax ID number and different corporation name so we are screwed. I counted the number of days and I found it is 93 days for me, and we got a letter stating that. But if USCIS ask for a 3rd RFE requesting the date of unauthorized employment then we are in a big trouble. Also my spouse work for the same employer and she for sure worked more than 180 days. This is a mistake that was the result of my company policy on checking work authorization under I-9 forms. When our HR office read our H1-B approval and saw their XYZ company name he/she though it is enough. My wife, I, and my lawyer we did not know the other company location is a different employer, but my lawyer filled for an LCA since it is the same company name, but different location.
:(

2 - When did you and your wife work without authorization?
I am not sure what you exactly mean by this question, We did work before we file our I-140 and I-485 applications. As I Remember our lawyer filled for an LCA because we though it is the same employer but different location. :confused:

3 - Did you or your wife visit any foreign country and return to the US since the work without authorization? If so, in what status were you and your wife admitted?

I never left the country since 2000 and since 2001 for my wife. My work that is without authorization is during 2004 and for my wife is during 2005 and 2006.:(

Can you please refere a good lawyer for the CP for our DV2008 if really know of a very good one?

RMS2003

Based on what you've written so far about your employer, it is not clear to me that you and your wife really did work without authorization. There are some obscure regulations that deal with companies that have been taken over, have changed name, etc. This is the first issue an experienced lawyer would need to settle. In the event that you were legal after all, you could pursue AOS.

Let's assume that you and your wife really did work without authorization. First, note that section 245(k) only applies to (some) employment-based AOS applicants, not to diversity visa applicants.

Also note that there is a technical difference between being "out of status" and being "unlawfully present". See, for instance, the following link:

http://www.uncg.edu/ipg/iss/out_status.html

You and your wife would appear to have been "out of status" for the time you worked without authorization, not "unlawfully present", so your wife would not be subject to the 3 year ban.

If you still have a valid H1B visa and a valid approved H1B petition, you could leave the US and reenter in H1B status. Once admitted, this would "erase" any period you were out of status prior to this admission. You would again be eligible for AOS.

If you have AP, you could pursue CP. In the event your application is referred to Washington, DC for "administrative processing" you could always return to the US to wait it out. We received our appointment letter in the US. We traveled to our home country to attend the interview and were told during the interview that my case would require further administrative processing. The consular officer said that we could travel back on our AP documents (he had seen the AP stamps in our passports). After seven months we were told that administrative processing had been completed, and we traveled again to our home country to submit our passports to the embassy. There was a further five week delay, which we decided to wait out in our home country, before we finally received our visas.

As for good lawyers, it is my experience that many of them are just "filers". That is, they are good at filling forms. Most cases are fairly straightforward, so that's just fine for the majority of cases. Once things get complicated, I've found that many just lack relevant knowledge. On more than one occasion, I've had to correct my employer's immigration attorneys... If I were in your situation, I would contact one of the following lawyers:

http://murthy.com/
http://shusterman.com/

They really appear to know the finer points of well-known regulations as well as many obscure regulations that most of us have never heard of. They can represent you regardless of which state you live in.
 
Last edited by a moderator:
I have a question for those who mailed the package to Chicago: did you include the x-ray films or copies of them? Because the envelope that the doctor gave us contains only a report about the x-ray exam, not copies of the x-ray films...
Thank you,
 
I have a question for those who mailed the package to Chicago: did you include the x-ray films or copies of them? Because the envelope that the doctor gave us contains only a report about the x-ray exam, not copies of the x-ray films...
Thank you,

You don't need to send the x-rays, just keep them with you. Also, not everyone needs an x-ray. Note that the envelope you received from the doctor is supposed to remain sealed.
 
yeah, the envelopes are sealed, but they told us what's inside. it's just that they gave us 4 envelopes --2 for each-- and I'm not sure whether I need to send all of them or only 2. we needed an x-ray because we're from east europe and everyone there is tested positive for tb :mad:
 
Ruxy - I got 4 envelopes as well, 2 originals and 2 copies for our records. Maybe call the docotr and ask whether this is the case?
 
Ruxy,
You dont need to send the xray. The result of the x-ray will be mentioned in the doctor's report that the doctor has given you to send to USCIS.
 
Received EAD

I had also applied for EAD card for my wife and y'day we received her EAD card. Now waiting for the interview date. Just wondering how long will it take..

If there is someone who has past expereince on interview, can you share what type of general question do they ask when you go for AOS interview.

10/1/07 - USPS AOS package to Chicago
10/3/07 - Delivered AOS package
10/10/07 - Check cashed
10/13/07 - NOA Received (Dated Oct 10th)
10/17/07 - Biometrics Letter - Appointment 11/02
10/24/07 - Biometrics done
10/24/07 - EAD card proceesing started
11/2/07 - EAD card approved
11/8/07 - Received EAD card in mail
- Waiting for Interview call
 
Got I-485 bending with 2nd RFE, I won the DV2008, but not sure what to do AOS or CP.

your employer, it is not clear to me that you and your wife really did work without authorization. There are some obscure regulations that deal with companies that have been taken over, have changed name, etc. This is the first issue an experienced lawyer would need to settle. In the event that you were legal after all, you could pursue AOS.

bahadur007, I wish you are right, but at that time my wife and I work for that College under the same college name xyz college at a different location, even our lawyer did not know so she said we just file and LCA (Labor Certificate application to comply with USCIS), we did not know it is officially called xyz college DBA (doing business as) abc Corporation Inc. I wish I can find some information online on these topics. The Mother College it is called "MMM College" owns 100% of "XXX College" where I have a valid H1-B and 100% of the xyz college where I only filled an LCA. My lawyer believe that the letter that we got from HR stating that I only worked there 93 days might work to certify that I am cover under 245(k) term by not working more than 180 days. But I think the problem that the USCIS requested my first and Last Pay checks to that xyz college this will be a problem since the will notice the start and end day of employment beyond 180 days for me.

I wish someone or I can find any link or information to discuss these company multiple ownership under one big name.



Let's assume that you and your wife really did work without authorization. First, note that section 245(k) only applies to (some) employment-based AOS applicants, not to diversity visa applicants.

bahadur007, I think you are right, I did do research online and found out that 245(k) does not cover DV lottery Green Card cases. Also my lawyer told not to go for AOS for my DV2008 and do instead a CP and advise me to see another lawyer who specializes and have more experiences in the DV lottery green card process.


Also note that there is a technical difference between being "out of status" and being "unlawfully present". See, for instance, the following link:

http://www.uncg.edu/ipg/iss/out_status.html

You and your wife would appear to have been "out of status" for the time you worked without authorization, not "unlawfully present", so your wife would not be subject to the 3 year ban.


bahadur007, Would think if we go for the CP back home and let say after the interview they told us that FBI name check (administrative processing) will take more time and based on our AP can we come back home without trouble although we are "out of status". My question can we come back to USA at this point to wait it out.


If you still have a valid H1B visa and a valid approved H1B petition, you could leave the US and reenter in H1B status. Once admitted, this would "erase" any period you were out of status prior to this admission. You would again be eligible for AOS.

bahadur007, Ok let say I have a valid AP then according to what you are saying I can then go for example to Canada and reenter USA, that will erase our Out of Status for me and my wife then I can do AOS for my DV2008. The problem is that AP will take now at least 3 to 6 months to get and I called yesterday the KCC and they advise me 2 options:

1. First option if I want to do CP then I should send my application to KCC ASAP because they say it take 12 weeks to process my DV2008 application and they say once they start the processing they will send our information to DC for FBI name check. The KCC said that by the time we go to our interview in the USA embassy back home the FBI name check might be ready.

2. Second option is to do AOS in the USA and wait until our number become current then send our DV2008 application. But according to my lawyer I might end up with deportation since 245(k) does not cover our unauthorized employment.



If you have AP, you could pursue CP. In the event your application is referred to Washington, DC for "administrative processing" you could always return to the US to wait it out. We received our appointment letter in the US. We traveled to our home country to attend the interview and were told during the interview that my case would require further administrative processing. The consular officer said that we could travel back on our AP documents (he had seen the AP stamps in our passports). After seven months we were told that administrative processing had been completed, and we traveled again to our home country to submit our passports to the embassy. There was a further five week delay, which we decided to wait out in our home country, before we finally received our visas.

bahadur007, I am afraid that our out of status will result in voiding our AP once we go to the USA consult back home for the interview and then we can't come back to wait it out.



As for good lawyers, it is my experience that many of them are just "filers". That is, they are good at filling forms. Most cases are fairly straightforward, so that's just fine for the majority of cases. Once things get complicated, I've found that many just lack relevant knowledge. On more than one occasion, I've had to correct my employer's immigration attorneys... If I were in your situation, I would contact one of the following lawyers:

http://murthy.com/
http://shusterman.com/

They really appear to know the finer points of well-known regulations as well as many obscure regulations that most of us have never heard of. They can represent you regardless of which state you live in.



bahadur007, I really need to talk to an immigration lawyer ASAP but the above list you provide me have to wait for month to talk to them, I am thinking about using Siskind as a lawyer do you know if he is good in complex immigration law like my case.

bahadur007, I want to say frankly that I think you have more knowledge than a lot of people and lawyers that I met in my life, Thank you for taking the time to answer these questions. The problem right now my wife is expecting a new baby and I hope if I send our CP the interview will be after we have the baby, also my friend got her GC through DV2004 and she tells me that go back home to for the DV2008 does not grantees getting your GC just because you have higher education and experience, she said that the consular officer might reject your case for a simple thing therefore I am not sure what to do? Thank you again for your help here. I wish I can call you on the phone to talk about it. Do you have some type of email address that does not reflects your real name so I can give you my cell number to talk about it?

Thank again,
RMS2003.






=======================================
Based on what you've written so far about your employer, it is not clear to me that you and your wife really did work without authorization. There are some obscure regulations that deal with companies that have been taken over, have changed name, etc. This is the first issue an experienced lawyer would need to settle. In the event that you were legal after all, you could pursue AOS.

Let's assume that you and your wife really did work without authorization. First, note that section 245(k) only applies to (some) employment-based AOS applicants, not to diversity visa applicants.

Also note that there is a technical difference between being "out of status" and being "unlawfully present". See, for instance, the following link:

http://www.uncg.edu/ipg/iss/out_status.html

You and your wife would appear to have been "out of status" for the time you worked without authorization, not "unlawfully present", so your wife would not be subject to the 3 year ban.

If you still have a valid H1B visa and a valid approved H1B petition, you could leave the US and reenter in H1B status. Once admitted, this would "erase" any period you were out of status prior to this admission. You would again be eligible for AOS.

If you have AP, you could pursue CP. In the event your application is referred to Washington, DC for "administrative processing" you could always return to the US to wait it out. We received our appointment letter in the US. We traveled to our home country to attend the interview and were told during the interview that my case would require further administrative processing. The consular officer said that we could travel back on our AP documents (he had seen the AP stamps in our passports). After seven months we were told that administrative processing had been completed, and we traveled again to our home country to submit our passports to the embassy. There was a further five week delay, which we decided to wait out in our home country, before we finally received our visas.

As for good lawyers, it is my experience that many of them are just "filers". That is, they are good at filling forms. Most cases are fairly straightforward, so that's just fine for the majority of cases. Once things get complicated, I've found that many just lack relevant knowledge. On more than one occasion, I've had to correct my employer's immigration attorneys... If I were in your situation, I would contact one of the following lawyers:

http://murthy.com/
http://shusterman.com/

They really appear to know the finer points of well-known regulations as well as many obscure regulations that most of us have never heard of. They can represent you regardless of which state you live in.
 
Last edited by a moderator:
Received EAD

I had also applied for EAD card for my wife and y'day we received her EAD card. Now waiting for the interview date. Just wondering how long will it take..

If there is someone who has past expereince on interview, can you share what type of general question do they ask when you go for AOS interview.

Wowsavy17,
you seem to be getting things done really quick! what is you CN? do you think the processing is due to the CN even if your number is current in the same month?
My number was also current in october, sent all documents early part of october but received my NOA just last week! it takes like forever for me to receive anything from them. i guess i have to be patient.
Good luck on the other process and keep us updated.
 
Rms2003: go to this firm, they helped me quickly when I needed it.

http://www.lawfirm1.com/

Email Scott Pollock directly, outline the situation, and ask whether you can have a telephone consultation ASAP. If it adds any credibility to the assessment, I am a lawyer myself (albiet not immigration!) and found him excellent.
 
I wish I can call you on the phone to talk about it. Do you have some type of email address that does not reflects your real name so I can give you my cell number to talk about it?

Send me a private message. Just click on my screen name in this posting.
 
My CN was 2008AS00001***

I am not sure but I guess processing is done based on when they received and the receipt date on it. I don't think its based on Case Number but then I am not sure.


Received EAD

I had also applied for EAD card for my wife and y'day we received her EAD card. Now waiting for the interview date. Just wondering how long will it take..

If there is someone who has past expereince on interview, can you share what type of general question do they ask when you go for AOS interview.

Wowsavy17,
you seem to be getting things done really quick! what is you CN? do you think the processing is due to the CN even if your number is current in the same month?
My number was also current in october, sent all documents early part of october but received my NOA just last week! it takes like forever for me to receive anything from them. i guess i have to be patient.
Good luck on the other process and keep us updated.
 
Top