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How earlier I can Apply for AOS

K

kam123

Registered Users (C)
Dear All,

I want to know how earlier I can apply before my numbers came current.For example, If my number is currrent in December(according to cut-off number published in Visa Bulletin), then how early I can apply. Is there any specific rule for that? Any idea? I want to do AOS. I really appreciate if anybody can help me in this regard.

Thanks.
 
kam123 said:
Dear All,

I want to know how earlier I can apply before my numbers came current.For example, If my number is currrent in December(according to cut-off number published in Visa Bulletin), then how early I can apply. Is there any specific rule for that? Any idea? I want to do AOS. I really appreciate if anybody can help me in this regard.

Thanks.
Click to expand...
The only rule there is, is that you can apply when your number is current. I think it's OK to apply in November if the number is current in December. Some would say it's better to wait till December... It's up to you.
 
Hello. I was told that you can file up to 90 days before your number becomes current, but I don't know if I believe that. There's some disagreement on this issue, so I think it's better to be safe. I have also seen anecdotal cases (personal experiences) where people filed several months early and were successful. However, I personally waited until my rank was current to file my AOS package. If your AOS package is complete, it's your choice whether to wait or file now. However, if you haven't assembled the required documents yet, start as soon as possible. The I-485 is only a few pages long but there's a lot of evidence to gather (copies of diplomas, US visas, etc.). The medical exam results will also take several days to obtain.

Good luck to all.
 
Thanks Anahit for your suggestion.Actually my scenario is little bit different. I am working under H1b and my H1b will expire on Mid March, 2007(as well as my 6 yr stay in USA). DV s/no is 2007AS62xx which I am expecting will be current either in March or April. If it is March then I think it's o.k.But if it is April then I need to apply for AOS before my h1b expired. That's the problem.

Anyway, if anybody has any idea/suggestion, I really appreciate that.

Thanks
 
kam123 said:
Thanks Anahit for your suggestion.Actually my scenario is little bit different. I am working under H1b and my H1b will expire on Mid March, 2007(as well as my 6 yr stay in USA). DV s/no is 2007AS62xx which I am expecting will be current either in March or April. If it is March then I think it's o.k.But if it is April then I need to apply for AOS before my h1b expired. That's the problem.

Anyway, if anybody has any idea/suggestion, I really appreciate that.

Thanks
Click to expand...
O, so your number is not current in December...
Well, if it's current in April, but your visa expires in March, then you have no other choice but to apply before it expires.
Good luck!
 
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Hello. I was in a similar situation, because my research funding was due to run out before my H1B expires (Oct06). I think you should consult an immigration lawyer concerning your case. My lawyer told me that AOS under DV law requires that the person be in status at the time of adjustment. I have heard elsewhere that you only have to be in status at the time of filing, but I would tend to believe my lawyer (better to err on the side of caution). To be honest, I think you should consider CP. My number was AS5xxx for DV2006 with priority in April. I filed April and my case was extremely clean, but I came painfully close to the Sep deadline (case approved late Aug). Anyway, the painful details of my AOS from H1B are posted, so you can see how my case went (if you want).

If at all possible, give CP a thought. If I had to do it over again, I would definitely choose CP. If you can, consult an attorney from an established firm, though. You can still file the forms yourself to save money, but hearing from an expert will be worth the consultation fee. Good luck.
 
Thre are lots of thoughts about this in this forum, It was little different this year then before; which I'm facing currently. Weather you apply two or three month before your number become current or the month when your number become current the USCIS only issue the receipt when the number actually become current, I'm not sure weather they provide the actual date when they received the AOS package or the first day of the month when the number become current, which I'm waiting for that answer because my number will become current on november but I send my package on sep 29 as it was publish in advance on september bulletine and the package was deliver oct 2 but still no receipt and my attorney contact the USCIS regarding my package and the USCIS confirm that they got my package but only process when the number become current. So Please take the action carefully before apply the AOS.

Thanks
Neel
 
Don't submit AOS before the Cut-off number become current

Hi All,

My number will be current on November, though I had send my AOS to chicago lockbox on september 29 and it was delivered on Oct-5 2006, but they reject the case and return the package stating that early submission and refile again when the number become current. So don't send the package before the number become current.

Neel
 
npaudel said:
Hi All,

My number will be current on November, though I had send my AOS to chicago lockbox on september 29 and it was delivered on Oct-5 2006, but they reject the case and return the package stating that early submission and refile again when the number become current. So don't send the package before the number become current.

Neel
Click to expand...
I wonder if they are referring to sending you package on September 29, before the DV-2007 started (the stamp on your envelope would show the shipment date)? :confused:
 
I mailed mine on 09/28 and it was due to be current on 10/01. I planned it that way due to Sunday on 10/01/06.I guess the date they put received stamp on it matters eventhough they open and process the case after few days.
 
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My package was delivered on 10/5 and the receipted date was 10/18, Also Jugnu post the mail before mine and he already got the recipt. Now I got my rejection Notice and it clearely indicate that to submit the form only after the number become current. SO they may change the process not to receive the AOS before the number become current. And I sugesset everybody not to send the AOS package before the number become current, it just keep the person in strace.
 
Dv

Yes, They returned my entire package, without cashing the check. The address at the bottm of receipt is chicago lockbox but the from address on the envelop shows Lee's Summit, Mo 64064 address.

Thsnks
Neel
 
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