High Case Number DV2008 Winner, Can not Do AOS, Must do CP

[rms2003]

Hello All,

I really need your help here. I am a DV2008 winner but can not do AOS in the USA due to unauthorized employment (it was not our fault), we are told by lawyer to do CP instead. My case Number is AS00012xxx do you think we have a chance here, my number is too high?

Also If we decided to do CP, I know we have to wait for the Administrative processing (FBI name check), therefore we might have to wait between 1 to x months for our name to be cleared.

My question is can we just get AP and this way we can come back to USA if our name check is not clear?

We are from ASIA Syria, is anyone here is from Syria who has the same type of scenario? Please help us if you know someone has a similar case.

RMS2003

 

[GotPR?]

You can't get AP unless you file AOS.

 

[rms2003]

Desperately needing help here, I have I-485 bending and Won DV2008.

Hi GotPR,

I should have mentioned that I have a I-485 Bending with 2nd RFE based on my employment, I just sent in the requested documents for the RFE#2 on Nov 20th.

My question is if I filed for a renewal of our AP's and EAD's on Dec 1st, 2007 how long it takes for us to get them. Also what happen if my I-485 employment based application is denied?

I think if we get denial for our I-485 that might cancel our AP's because the AP's and EAD's validity depends on the fact that my I-485 AOS application is still pending. This mean that when we go for our CP back home in Syria that we my stuck there for long time due to the administrative processing (FBI Name Check Clearance). I have seen many people wait between 2 weeks to almost over a year.

For me (The Husband and the DV2008 winner), I have a valid H1-B until January 10, 2009 but my visa stamp is expired on the passport.

I have some questions here:

1. If I (the Husband) filed for my H1-B visa stamp to come back to USA and in case there is a very long wait for administrative processing, my concerns are: does the US Embassy officer cancel my H1-B nonimmigrant visa because I am applying for an immigrant visa through DV2008 during the CP interview.:eek:


2. If the US Embassy does not cancel my H1-B visa during the interview and I will be able to apply for an H1-B visa stamp, does applying for an H1-B visa stamp also require administrative processing and long wait.:mad:

The problem here we loose our jobs and we also have a mortgage for a house. I do not understand how the USCIS does not care about people like our case.:mad:

3. Also my wife is working now using her EAD card that is based on my bending I-485 application, and her H1-B was expired in Oct 2006. My question is if we go to US Embassy for CP interview, does getting now an H1-B for Her before we leave the USA is a back up plan just in case our DV2008 is denied or delayed due to Consular processing, this way she can at least go back to USA (Also I think she might need to wait for her administrative processing if applied for Her H1-B visa Stamp).:mad:


Please can anyone help us here? Please if you know or read a similar case to ours to please let us know. Thank you all,
Good luck to all of you,

RMS2003

 

[GotPR?]

1. If I (the Husband) filed for my H1-B visa stamp to come back to USA and in case there is a very long wait for administrative processing, my concerns are: does the US Embassy officer cancel my H1-B nonimmigrant visa because I am applying for an immigrant visa through DV2008 during the CP interview.:eek:

H1 stamp and GC application are two different things. CP should not affect h1 stamping.

2. If the US Embassy does not cancel my H1-B visa during the interview and I will be able to apply for an H1-B visa stamp, does applying for an H1-B visa stamp also require administrative processing and long wait.:mad:

Not always, but it sometimes takes long depending on what consular officer thinks.

3. Also my wife is working now using her EAD card that is based on my bending I-485 application, and her H1-B was expired in Oct 2006. My question is if we go to US Embassy for CP interview, does getting now an H1-B for Her before we leave the USA is a back up plan just in case our DV2008 is denied or delayed due to Consular processing, this way she can at least go back to USA (Also I think she might need to wait for her administrative processing if applied for Her H1-B visa Stamp).:mad:

Having H1 stamp will be a backup plan , in case that AOS was denied.

The easiest path is using your AP to enter and working under H1, if obtaining H1 stamp takes long time.

 

[suman619747]

Why don't you mail KCC direct or contact with embassy with ur case? I think they will provide u a better solution as your case is complicated

 

[LucyMO]

it's not that complicated. He actually is better off than some - he has H1b to fall back on.

Take time off to go to an interview. Come back with either H1b (if you are still in H1b status) or AP in case the name check takes too long. H1b is a dual intent visa, so applying for an immigrant visa doesn't automatically cancel H1b.

 

[rms2003]

Hi LucyMO,

In fact my case might be very complicated, I talked to my lawyer and he said that I should for now just wait to hear about the status of my I-485 employment based application (Gosh USCIS asked me for 2nd RFE, I hope they do not asked for 3rd RFE). I will apply for AP early January if my I-485 bending application takes longer time.

Anyhow I am thinking that my AP should not take more than 3 to 4 months to get, and my interview will not come until July or even August because my case number is high (CN:AS00012xxx) what do you think.

Also I start working on my Canadian immigration as a backup, it is funny, My wife and I got our Canadian green card in 2003 but we could not go that time due to the fact that my wife was in college and if we go there at that time we might stuck for Name Check to come back to finish her College.

Thank you,

RMS2003