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Extremly urgent !!! please advice

K

kathmandunp

Registered Users (C)
hi,

My Asia number is current now in July. I am preparing to file my I-485.

My question:

I am in F1 OPT and it will expire in July 20. I have applied for the opt extension for another 17 months which is pending. I have the recpeit of extension.

I am gonna send my AOS package tommorrow. Do I need to do any thing or fill some extra forms to be on the safer side?

Thanks
kathmandunp
 
As KCC has stated to my friend over the phone and in an email which I will copy underneath and high light te part which is important.



Thank you for your inquiry.



If you are in the United States, you may be eligible to apply to the Citizenship and Immigration Services (CIS) for adjustment of status. The option to adjust status may no longer be available to all applicants. To determine whether you are eligible to adjust your status you MUST contact the CIS. Once the CIS confirms your eligibility to adjust status they will provide you with the additional information that you need. When contacting your local CIS office they may inform you that you will not be eligible to file your adjustment until your case number is current and available for processing. Please refer to the visa bulletin at www.travel.state.gov to view the current case numbers being processed. This bulletin is updated after the 15th day of each month.



If the CIS determines that you are eligible to adjust status you will be required to pay a non-refundable diversity-processing fee of $375.00 per person directly to the Department of State once your adjustment until your case number is current and available for processing. Information regarding where this fee should be paid is included in your information packet. This fee is assessed to cover cost incurred by the Department of State in running the lottery selection process and is separate from any fees you will need to pay the CIS as part of your adjustment application. Failure to pay this fee may result in the loss of your diversity visa. (Please mail a money order for the diversity-processing fees to the address given below.) Also, please forward the completed DSP-122 form back to KCC. This will allow the next instruction letter to be processed to you.

Over the phone they clearly stated to wait till your number is current which might be August 15th, the KCC employee stated, but it depends on your number...till than you only have to send the required papers to KCC. The second NL has nothing to with your $ 375.- payment but with the papers that has been send to KCC, so wait till you get that letter, but you can also do as you want, but as the KCC person stated...the $ 375.- isn't refundable.
 
Bentlebee, I don't think the issue is whether AOS is possible, as kathmandunp is in status and this should not be a problem, but rather what the consequences are of AOS.
I think the main issue is whether or not the F1 will be void in case you get turned down for the GC. After applying for a GC you show immigration intent which is in conflict with the F1. If the F1 will be revoked as a result, it is possible you can be deported.
 
I don't know if this will help you ...But I asked to the lawyer and she said pplying for green card if you have a F1 visa is not an issue..You can cahnge your mind after you have F1 visa..There is aproblem if you apply for a diversity visa and then apply for F1 visa..But she also stated that F1 is not a dual intent visa..If they deny your green card application for any reason,( she added that if you were not out of status before in US and if you are staying legally, and if you don't dave any criminal background and if you don't have a serious illness , there is no reason that they deny your case.Because if you are selected then you have a right to get it..They can't take your right away from you without any serious reason) then there may be a possiblity that they cancel your f1 but there are lots of students who got their green card with no problem...I don't know this subject very well..I am just informing you about what she said to us..

But I think it is better to take an appoinment from your local USCIS.Then you can also ask if you can do AOS and if it is okey that you have F1. And I don't think that if there is any possiblity that you cannot green card because you have F1 , I am sure they will inform you in that appoinment..
 
Given you already have an F1, you should be pretty safe. As long as none of the requirements (such as finances) form a road block for you or any other grounds on which they can deny you the GC.
 
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