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DV2008--AOS only

badluck2 said:
I visited my local office through infopass recently because my FBI name check still pending.
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First, do you know whether they have submitted your FBI namecheck?

badluck2 said:
And, other people in this forum who their number is current for August got their interview letter for beginning august but not me.
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Can you give an example of such people? I haven't seen this.

badluck2 said:
I am so worried as the time is running and we have only three months till the end of 2008 DV program.
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Your problem is not that time is running out. I think there's is enough time for people whose numbers are current now to have their applications adjudicated. (If they follow-up with INFOPASS etc).

Your problem is that you case number is very high. I am not saying this to disappoint you, but to give your realistic expectations and hopefully improve your chances of success. There is nothing you can do to decrease your number, so relax. :)

It's true that you case number is current for August, but note that the August bulletin says CURRENT next to Asia, so everyone else's number is current too. In practice, when a region becomes CURRENT at the end of the fiscal year, it doesn't mean everyone will get a visa.

It means they will schedule all time slots at embassies, and will issue visas until they run out of time on Sept 30, or run out of visa numbers at some point in time before Sept 30.

With USCIS, it's not clear what policy they follow. Clearly different local offices are moving at different speed. What is clear is that it will be very difficult to get USCIS to act on your application before your number is current. Once your number is current, you will have just 2 months to have your application approved.

badluck2 said:
I showed to the officer the memo that indicates DV is one of the criteria eligible to ask for FBI name check expeditious.http://www.uscis.gov/files/pressrelease/ExpediteNameChk022007.pdf
He did look at the memo and said; they are aware of this memo but can not do any thing until August when my number is current because my case is on hold till August and not pending. And, they only ask FBI to expedite cases after they have visa number immediately available. Plus, they do not accept the advance notification on visa bulletin as %100 factual. Advance notification means estimation to them and it may change under the Law. (This idea was new for me).
In addition, the only person who can ask for FBI expeditious process is the adjudicator (some one who has authority to approve or deny a case within USCIS) of my case not just everyone. And then said; I may ask my adjudicator about it if they schedule an interview for me. And every thing is up to adjudicator decision.
I asked what if my adjudicator decides not to schedule an interview before my FBI name check is back and we reach to end of September. He said I will get a chance for interview probably but still this is up to adjudicator and nothing is guaranteed.
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It will be hard to get them to do anything until your number becomes current. Harder still to get to expedite your name check.

Try thinking from the other end. Did you ask if your interview is scheduled, or when they are planning to schedule it?
 
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badluck2 said:
I know it is weird and called customer service many times mentioning that my EAD and AP are based on DV and asked to expedite them. Also, I asked for my EAD and AP any time that I did infopass. But, both of them said they have time till 3 months after fingerprint date under the law and they can not expedite them based on DV.
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USCIS generally allows people to submit DV applications early under specific conditions (see our earlier discussions for details). This is done so that they can complete the preliminary processing (cash checks, send notices of action, do biometrics) before your number becomes current.

But you don't have the right to an EAD or advance parole until your number becomes current. You may get lucky and get your EAD and AP before, or you may not.

A few years ago, there was a case when one person was very very lucky, and got approved before his number became current - I don't think this happens anymore.
 
dv2008gh said:
Is it normal that I haven't yet received my biometrics appointment letter? I received the NOA on 06/21
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I received my biometrics letter about 2 weeks after my check was cashed.

There are slight variations depending on the workload of the MSC, and the workload of the local biometrics centers. I wouldn't worry for another two weeks.

Also, your number is not current at least until August. I don't think this will influence your biometrics. But it may influence when you get your EAD and interview. (If you get an interview at all.)

So don't panic - set realistic expectations. :)
 
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Thanks for the quick reply.
plus07 said:
Also, your number is not current at least until August. I don't think this will influence your biometrics. But it may influence when you get your EAD and interview. (If you get an interview at all.)

So don't panic - set realistic expectations. :)
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I'm going to get an interview. My CN becomes current in August and my region is not CURRENT for August.:)
 
dv2008gh said:
I'm going to get an interview. My CN becomes current in August and my region is not CURRENT for August.:)
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I definitely think your chances of getting an interview are high because your number is current in August, and the whole region is not current then.

Good luck!
 
plus07 said:
First, do you know whether they have submitted your FBI namecheck?



Can you give an example of such people? I haven't seen this.



Your problem is not that time is running out. I think there's is enough time for people whose numbers are current now to have their applications adjudicated. (If they follow-up with INFOPASS etc).

Your problem is that you case number is very high. I am not saying this to disappoint you, but to give your realistic expectations and hopefully improve your chances of success. There is nothing you can do to decrease your number, so relax. :)

It's true that you case number is current for August, but note that the August bulletin says CURRENT next to Asia, so everyone else's number is current too. In practice, when a region becomes CURRENT at the end of the fiscal year, it doesn't mean everyone will get a visa.

It means they will schedule all time slots at embassies, and will issue visas until they run out of time on Sept 30, or run out of visa numbers at some point in time before Sept 30.

With USCIS, it's not clear what policy they follow. Clearly different local offices are moving at different speed. What is clear is that it will be very difficult to get USCIS to act on your application before your number is current. Once your number is current, you will have just 2 months to have your application approved.



It will be hard to get them to do anything until your number becomes current. Harder still to get to expedite your name check.

Try thinking from the other end. Did you ask if your interview is scheduled, or when they are planning to schedule it?
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Thanks for your message and good questions
do you know whether they have submitted your FBI namecheck?
Yes, my local office said that they sent my FBI name check request the same day that they took my finger print. And, I double check this recently by contacting customer service and after a long discussion I convince them to talk to an officer and the officer told me that your FBI name check still pending and local office sent it with my finger print but only my finger print check came back to USCIS the next day after my finger print taken.

Can you give an example of such people? I haven't seen this.

Honestly I do not want to interfere other people business but please open the following link. We all know this forum is to help each other and get information
http://boards.immigration.com/showthread.php?p=1920338#post1920338

Your problem is that you case number is very high. I am not saying this to disappoint you, but to give your realistic expectations and hopefully improve your chances of success. There is nothing you can do to decrease your number, so relax. :)
I agree with you but in asia region we have CN 17XXX that suppose to be close to 18000 case number

Try thinking from the other end. Did you ask if your interview is scheduled, or when they are planning to schedule it?[/QUOTE]
They said they are going to schedule my interview when they see asia region is still current for August because they do not accept advance notification as current. I asked if the next bulletin (means visa bulletin for august) says that I am current, are you going to schedule my appointment. And he said yes probably.

Thanks for sharing your idea
 
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plus07 said:
USCIS generally allows people to submit DV applications early under specific conditions (see our earlier discussions for details). This is done so that they can complete the preliminary processing (cash checks, send notices of action, do biometrics) before your number becomes current.

But you don't have the right to an EAD or advance parole until your number becomes current. You may get lucky and get your EAD and AP before, or you may not.

A few years ago, there was a case when one person was very very lucky, and got approved before his number became current - I don't think this happens anymore.
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Thank you again,

However, when I informed KCC about switching from CP to AOS after USCIS accepted my application in April 2008, KCC replied me with a letter stating that I am eligible to apply for AOS from 1 October 2007 to 30 September 2008. I think the KCC is taking care about AOS applicant more these days. And, they did not talked about any people under specific conditions. I think this is a good news for DV2009 AOS applicant.
 
badluck2 said:
Thank you again,

However, when I informed KCC about switching from CP to AOS after USCIS accepted my application in April 2008, KCC replied me with a letter stating that I am eligible to apply for AOS from 1 October 2007 to 30 September 2008. I think the KCC is taking care about AOS applicant more these days. And, they did not talked about any people under specific conditions. I think this is a good news for DV2009 AOS applicant.
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My point was not about when you can file, but when you become eligibile for EAD and AP.

Anyway, the AOS process for DV right now is very ambiguous and different from local office to local office. So I don't think anyone knows exactly what the rules are - I certainly don't. :)
 
badluck2 said:
I agree with you but in asia region we have CN 17XXX that suppose to be close to 18000 case number
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Right, and all those numbers are current for August.

badluck2 said:
They said they are going to schedule my interview when they see asia region is still current for August because they do not accept advance notification as current. I asked if the next bulletin (means visa bulletin for august) says that I am current, are you going to schedule my appointment. And he said yes probably.
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I think that's good news for you. So you can appear at INFOPASS after the August bulletin appears in two weeks, and inquiry about your interview.

I don't think you can do much else, given that your number is not current until Aug.
 
plus07 said:
Right, and all those numbers are current for August.



I think that's good news for you. So you can appear at INFOPASS after the August bulletin appears in two weeks, and inquiry about your interview.

I don't think you can do much else, given that your number is not current until Aug.
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haha. my number has been current for a while now and i can't get an interview date. Been to my local office a few times and they can't really do anything about it because the interview is scheduled in kansas City which is where my file is right now.( I was told).
All you can do is just wait and hope for the best. In the last few wks, i have asked USCIS to expedite my case which i got a response from them 2 wks later that my case was being processed (generic response). I also sent a letter to the Kanas City office 3 wks ago and i am yet to receive a response. On Monday, i contacted my Senator and i hope something good comes out of it as it is my only hope at this time.

Anyway, if by mid July i don't hear from them, I'll probably make an infopass appointment and drive up to Kansas City, MO which is a 3 hrs drive.
 
plus07 said:
My point was not about when you can file, but when you become eligibile for EAD and AP.

Anyway, the AOS process for DV right now is very ambiguous and different from local office to local office. So I don't think anyone knows exactly what the rules are - I certainly don't. :)
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Right, I got your point. Plus, I want to add, not only different local offices but MSC (national benefit center) also processes cases differently. As you may know, MSC processes the EAD and AP for DV cases and if you look at this link again
http://boards.immigration.com/showthread.php?p=1920338#post1920338
You find that my friend has the same CN as mine or maybe more and filed on 1 October 2007 and got EAD on 02 November 2007. This is only one of the samples. So, I have to say that the entire USCIS is not following a consistent policy to handle DV cases including their AP and EAD. I reached to this conclusion after more than one year that I am tracing this forum. And the reason is; DV case for AOS is a very small portion of AOS. So, an officer may encounter a DV case rarely. Of course we could calculate the exact probability if we had exact statistics of the number of officers. But, my idea is about every five to ten years for an expert officer to handle a DV case. And this must cause the problem. I do not say that they do not refer to their processing manual but at the end the decision maker is not the manual, is the officer.
So, we need a good luck and pray and wait and nothing more.
By the way, at this point I am not worried about EAD and AP.
Thanks
 
Johnkent said:
Yep And It Feels Good. Thanks
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Hello everybody,

I have not checked the website for a while now trying do no stress a lot... It doesn't really work:). I see almost everybody got the interview letters which is great. We are still waiting. We had our biometrics on May 7th and since then nothing. I saw yesterday an LUD when I checked online and I'm wondering if this means they finally sent out the interview letter. Could you tell me if you have seen any LUD's before you got your interview letters?

Thanks and good luck!
 
leny said:
Hello everybody,

I have not checked the website for a while now trying do no stress a lot... It doesn't really work:). I see almost everybody got the interview letters which is great. We are still waiting. We had our biometrics on May 7th and since then nothing. I saw yesterday an LUD when I checked online and I'm wondering if this means they finally sent out the interview letter. Could you tell me if you have seen any LUD's before you got your interview letters?

Thanks and good luck!
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Nah, i didn't have any LUD's.
 
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