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DV2008--AOS only

Advwinner08,

Thanks so much for your answer. The thing is we found out that my husband practically gives up his H4 if he uses his EAD after he was rehired (thanks to the lawyers that are not informing you about anything if you don't specifically ask...), so the damage is already done and he doesn't want to loose his job again. Hopefully our number will become current in April. I would like to send the package right now but I'm afraid they will send it back and will cash the checks (and as you know is not very cheap). I am curious which is chengmcak's local office.

Thanks again and keep us posted about your interview.

advwinner08 said:
Leny,

We received EAD cards from EB-based AOS but we have not used them and we were advised to not apply EADs under DV AOS, but it was not because it would cause any problem, it was because we did not need it and were told not to confuse immigration officers for something we did not need at all. For your case, I do not know. I would probably apply for the second one as well if I needed to continue to work.

Depending on when your number is going to be current, you may have some time issue if your DV AOS case with EAD causes any confusion and RFEs. Yet, I think you have very good chance to get GC via DV AOS. You may also consider to send your DV AOS case early (before your number becomes current) as chengmcak did. When you file your AOS under DV, do not forget to put your A number and check the box that says you have applied for green card before. Our DV based AOS applications has been processed completely independent from the EB case. I hope this helps.
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Hi All,

Recently came across this thread. Thanks to Wikipedia!

First of all very informative thread and thanks to all and congrats to all those lucky ones. Our number is current as of March although very tempting to send it earlier seeing the success for chengmack. Got a couple questions for people who have already filed 485 in other category.

Me and my wife have already applied for employment based 485 and have approved EAD and AP as well. We recently came back into the country on Advance Parole. We still have our H1B/H4 valid for another 2+ years and have not started using our EADs yet. Now wondering what we should write for "current USCIS status" on 485. Our I-94 now says "paroled to continue AOS processing".

Did any of you keep a copy of your employment based 485 receipts or did you mention that in the cover letter?

Is it necessary to submit financial affidavit or would tax returns/bank statements be ok? Neither of those affidavit - I864 or 134 seems to be appropriate for DV based cases.

Thanks for your input.
--T
 
tp2007,

We used neither EAD nor AP; and we mentioned our EB based AOS in the I-485 application form, and we put our A numbers. Our attorney mentioned on the cover letter about the EB based AOS and explained briefly why we were filing another set of I-485, but I do not remember sending the copies of receipts. I think putting A number on the form should be enough for them to locate your already pending AOS application.

My impression is that DV case has been processed independently from EB case. Even biometrics was not related either. We were asked to go to for biometrics again (see my one of the earlier posts for the full story).

We have not submitted any financial documents (bank statements, tax returns, I134, etc.). I have got tax transcripts for the last three years from IRS although we are not asked by USCIS to bring them to the interview. I am also going to get a letter from my employer before the interview just in case.
 
chengmcak said:
Hello everyone,
Thanks for your help and assistance in these forum. Well my interview was today at 1130 Am, arrived about 45minutes earlier. When i deposited my documents at about 1050, i was called in for interview 5minutes latter. All i was asked was to confirm my address and phone number and if i have ever commited any crime in the USA. Then i was told to await my card in the mail in 2-3wks. The guy who interview me was very nice. So what i have learnt this far is that, it does not matter how soon your case file is submitted. what matters is the geographical region you are from. For i submitted my I485 in October as was advice by KCC, while others want you to wait untill your case number is available in VISA Bullentin. According to Visa bullentin, my case is going to be avaliable in April 2008. And that was when i was supposed to file for AOS. So all this boils down to what your visa number is. You can bare the risk to file ealy as i did or wait for your visa number on DV bullentin. For i understand it is good to wait if you have a very high number but if you are confident yours is not high, Go ahead and file. Thanks once more for all your help

09/20/2007 Medicals Done
09/21/2007 DV fees mailed to DOS
09/30/2007 Receipt from DOS
10/01/2007 Mailed I-485 to Chicago Lockbox
10/02/2007 Mailed Delivered
10/10/2007 I-485 check cashed
10/12/2007 First NOA (dated 10/10/2007)
10/16/2007 Second NOA (dated 10/14/2007)for Biometrics/Finger prints on 11/06/2007
10/06/2007 Fingerprint Captured.
12/21/2007 NOA (12/19/2007) for Interview on 01/17/2008
****INTERVIEW JANUARY 17, 2008****
01/17/2008 CASE APPROVED AT 11:00AM
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Congratulations. i have made an infopass appointment to my local USCIS. i'll talk to them on thursday and see if they will let me apply early as my number will probably be current in April.
 
tp2007,

You are on advanced parole now, because you used it when you entered back in US. Practically you are not considered on an H visa anymore. If you want to regain your visa status back (even is still valid on paper) you have to step out of US and reenter using the H visa NOT the advanced parole.

If you already work in US atach employment letters, bank statments etc. I don't know about tax returns. Maybe sombody on this site knows better. What I know (but not really sure) is that you don't have to send them with your application, but you should have them with you for the interview. Does anybody know for sure?

tp2007 said:
Hi All,

Recently came across this thread. Thanks to Wikipedia!

First of all very informative thread and thanks to all and congrats to all those lucky ones. Our number is current as of March although very tempting to send it earlier seeing the success for chengmack. Got a couple questions for people who have already filed 485 in other category.

Me and my wife have already applied for employment based 485 and have approved EAD and AP as well. We recently came back into the country on Advance Parole. We still have our H1B/H4 valid for another 2+ years and have not started using our EADs yet. Now wondering what we should write for "current USCIS status" on 485. Our I-94 now says "paroled to continue AOS processing".

Did any of you keep a copy of your employment based 485 receipts or did you mention that in the cover letter?

Is it necessary to submit financial affidavit or would tax returns/bank statements be ok? Neither of those affidavit - I864 or 134 seems to be appropriate for DV based cases.

Thanks for your input.
--T
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leny,
I sent copies of all tax returns in the package for USCIS. I'll take them with me at the interview also if they will ask me to do that. Hope this helps answer to your question.
 
BN2008 said:
First off congratulations to all DV2008 winners who have already had their interviews done and GC approved. I am sure you all are relieved and ecstatic.

I have a somewhat strange issue and am wondering if anyone else is having the same issues that I am having. My number was current in November and sent the AOS package and got the receipt numbers for the I-485 for me as well as my wife. However when I go online to the USCIS site to check the status, the site says 'Error: Case Status Retrieval Failed'. Has anyone experienced this?

I did call the number on the 797 and talked to someone at the National Service Center (not very helpful at all) who said the case was still pending and that it would be processed normally like any I-485. Does this make sense? DV2008 will be over at the end of Sept 08 and he was aware of that but still said 6-7 months. Anyone know this for a fact that this is how they process I-485 based on DV?

The reason he said I could not track my case on the USCIS site is because they are having some data issues and didn't know if I would ever be able to track my cases online or not. I guess I am gonna have to be satisfied with that response for now but just sounds a little absurd.

Thank you for your feedbacks!
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I just checked my case status on the USCIS website and it can be retrieved now ("case pending"). Most probably, it happened after the lady at the ASC took my fingerprints and updated my case information in the system.
 
perl said:
I got my NOAs (3 seperate letters for AOS, AP, and EAD) yesterday. I use the online case status check. Both receipt numbers for AP and EAD showed status as "received", but for the AOS one, it says invalid.

Is this normal?

By the way, does your NOA has the ASC code? Its ASC code is 3 on AOS's and 2 on EAD's. Do you know what that means?
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I noticed that each time I finish browsing through this discussion I find my self stressed about 500% more than I was when I started reading. The more you know about things, the more you worry.

Hence, I promised to myself that I will avoid "visiting" here, and that in case it all works out for me, I will just log in that one more time to share details of procedure I went through with whoever might need them....

Well, it did not work out, so I am back....

It just says how random things are with AOS....Perl and I did everything the same way.

I got a number EU12XXX, at most 1000 units higher than his, but very close.
We both sent our packages to Chicago on 12/31, both mine and his probably arrived to Chicago on 01/02....
I am guessing he followed the suggested way of packing his package and included all the necessary material and form, just like I did.
...the only difference is he used USPS (but said that he/she would' suggest this to others, if I understood his entry correctly)
....To make the long story short, he already got his NOA, and they did not even cash my checks yet....Not to mention NOA....In a month maybe.

Cheers

Nebo
 
Nebo,

I have not received NOA, yet. My check has not been cashed yet as well. Do not worry, we are in the same boat. You know there are always some random factors involved. My simple explanation, there are too much variations in the system.
 
m_power2002 and nazarov, please try to not worry so much. the things started to move finally after January 1...my checks were cashed after 38 long days of waiting and not being able to do anything else but thinking about what's the worse than can happen to me...I'm sure you'll get your NoA soon, don't lose the hope, ok?
 
Ruxy,

Thanks a lot for your answer. Have you included tax returns for both of you or only for the winner?

Leny
 
Thanks leny, advwinner08.

We are still waiting for the DV fee receipts and preparing documents.

JohnKent: Am interested in hearing how your infopass appt goes. My case number will be current in March and am off by only a handful in Feb. So wondering if I could send them out earlier.

Thanks,
--Tom
 
tp2007 said:
Thanks leny, advwinner08.

We are still waiting for the DV fee receipts and preparing documents.

JohnKent: Am interested in hearing how your infopass appt goes. My case number will be current in March and am off by only a handful in Feb. So wondering if I could send them out earlier.

Thanks,
--Tom
Click to expand...

I'll let ya know what happens Tom.
 
fjelltronen said:
I just checked my case status on the USCIS website and it can be retrieved now ("case pending"). Most probably, it happened after the lady at the ASC took my fingerprints and updated my case information in the system.
Click to expand...

Thanks fjelltronen for the update.

As for me I am still getting the same thing. 'Case Status Retrieval Failed'. I did google this and saw that many applicants do get this. Some get their case approved without ever being able to see it online. Hopefully it is nothing.

I am not too worried about it just yet because it does look like progress is being on the case. My wife got her EAD approved a few days ago and we received the card as well. I am on an H1B so it didn't make any sense to apply for mine. Our dilemma is whether to use it or not. If she uses it, she pretty much abandons her H4 so if the DV thing doesn't work out for some reason (cant think of any reason why it should not but who knows right?) she is out of status. Not sure about this but that is what I gathered from some of the posts I read on the web.

I think I am going to call USCIS in the next few days and hopefully talk to a more forthcoming service rep. If it doesn't work out then probably get an infopass.

By the way are there any applicants who submitted their packages in November and received/not received their Interview notices? Just want to gauge the timing of the process.

Good luck to you all.
 
AOS package was delivered 27th Dec to Chicago, still no movement... no cheques cashed or NOA. Almost four weeks now, anyone else having similar delays?
 
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