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Just recived my letter and I seriously need help

R

r9ronaldo

Registered Users (C)
Hi Forumers,

I received my letter on May 30 and I have no idea how to go about the whole process, so I decided to look online for help and I found this wonderful site. Please share with me any information you know about how to apply, AOS, and my chances of getting it.

I'm and undergrad international student on F-1 from Africa and I have one more year to graduate. My CS is 2007AF0003XXXX.

I'll appreciate answers to any of these questions:

1. What are my chances of being called for an interview and getting it.

2. If I'm denied, how will that affect my F-1 status, since I want to stay after my bachelors and do my Graduate study.

3. Should I take all the forms to USCIS instead of completing and submitting it to KCC, since I'm filing for AOS.

4. There is a section on the forms asking for highest level of education completed. Should I check "High School Diploma" or "College, No Degree" since I'm still in college.

Thanks to all forumers...
 
Before posting a question, please read first what has been posted previously : by doing this very little " research" , you'll see that your questions have already been asked and answered 10times...

You are very far from being the only one F1 to win the lottery ( I was one too ), but I did not choose AOS though. With a rather high case number, that's not recommended as delays in background check are more likely to happen when AOS.

1) With your number, you arde likely to be called at the end ( like August or September ). So, I insist that AOS is very risky in this case.
You can make your own guesses by looking at the visa bulletin :
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

If you are called, you are likely to receive it (you are receiving US education and already in the uS ) unless you lied or made a mistake.

2) Your F1 will be cancelled anyway. If you are granted the visa, then it's without prejudice as you get a better a visa. If you don't ( for any reason ), then it will probably be cancelled as you showed intent to immigrate ( which is not possible with F1 ).

3) If you choose AOS, you have to send something to KCC to let them know your intent to go with AOS so that won't deal with your case anymore. You will have to send form I485 to Chicago lockbox ( correct me if I'm wrong, I am not too familiar with AOS ) when your number appears current in the bulletin ( that's the pb with AOS : you only send your forms when number is current ). Then, you wait for your Notice of Action (NoA). You will receive an appointment for FP ( Biometrics ) and later for a real interview.

4) I had put : " MS in progress "
 
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The INS had made a memo for DV 99.

http://www.visalaw.com/99aug/39aug99.html
Quote:
The memo makes clear that winners of the DV-99 lottery may submit petitions up to three months prior to the month in which the visa number is current in rank

But you have to be medium to know for sure !To know 90days in advance, you have to guess.
That's one of the reasons that some people get denied AOS : they applied too early ( wrong guess ...), they get denied, and have to reapply => they have lost some precious time.
I've seen this happen.

Also, the INS states it is for DV99 . But people considered it was still in application for later DVs.
It depends on your office, some accept, and some don't.
The thing is that if you get denied, you've lost some very precious time and money.
If you wait 30more days, you have the visa bulletin giving the advance notification, and this way, you're safe.
 
I do not agree that F1 is automatically cancelled. I wrote a lot about this in my previous postings.

If a person does AOS with such high number he will not have enough time to get adjusted. If a person applies for AOS and doesnt get GC, he can stay on F1 status in the US and if that person afterwards decides to go back to home country it will be impossible to get a new F1 stamp for coming back to the US because that person already showed intention to immigrate.

If that person does CP and does not get GC, then it will also be impossible to get a new F1 visa stamp to come back to US.
 
I agree, and apologize for not being clear.

That's the risk associated with CP. A nonIV will be cancelled at the interview.
For AOS, I do not know, but that's what I've been told for CP by my lawyer.
 
congrats r9ronaldo ..
may I ask what is your countery ? and whats the date on ur NL ?
thanks in advance
 
the date on my letter is may 22, and the number is actually 2007AF00036xxx. I'll appreciate any advise you may have for me, especially choosing between AOS and CP.
 
r9ronaldo
your number is very high , it will be risky to do both CP or AOS if your F1 will be cancelled

VK96:
Are you sure that F1 will be cancelled even if we do AOS

kokoyelb
 
kokoyelb said:
r9ronaldo
your number is very high , it will be risky to do both CP or AOS if your F1 will be cancelled

VK96:
Are you sure that F1 will be cancelled even if we do AOS

kokoyelb
Click to expand...


I am not a lawyer... This is just some information that I got by myself...




What do you mean? I said I dont think that F1 is cancelled during AOS.




I read that one of the things in the new immigration law is that they want to make F1 status a dual intent status.





This is what I wrote in my previous postings.

If you go do CP and get rejected I think there is 100% chance that you will not get F1 visa again, so you will not be able to come back and finish your studies. I do no know what happens if you still have a valid F1 stamp.

If you do AOS and get rejected you will be able to continue your studies on F1.



I have been researching a lot about F1 and AOS and I am getting very conflicting information. Most of the people say that a person loosed F1 because submission of I-485 is showing your immigration intent, and F1 is not a dual intent status. But I got some other information and documents that say that it is not like that. That the person can continue studies on F1 even if AOS is rejected.
My lawyer told me that he talked to some people in the office and they say that F1 should not be cancelled when AOS is submitted, but if you do AOS and then get rejected and after some time you will go to your home country to get another visa stamp it is 100 % that they will not give it to you because you already showed immigration intent.



Some of the lawyers in the other discussion board previously wrote that F1 and AOS application is "gray area". As you can see yourself from the my posting bellow even USCIS themselves do not know how to proceed in these cases.


Director of my ISS office showed me a document from the Department of Homeland Security where They advise that a student should maintain its F1, while Adjustment of Status is pending, so in case it gets denied, student would be able to continue studies on F1.


It said:

"What should be done with the records of students with a change of nonimigrant status (COS) pending, and thus valid status while the application is pending, but who will not be registered for the next term? The termination reasons do not include a selection for COS pending. NAFSA also asked what to do with SEVIS records for those who have applied for Adjustment of Status to US perimemnt residence.

Answer: DHS indicated that it students should maintain all terms and conditions of their nonimmigrant status while an application for COS is pending, because if the COS applications were denied, then the student would be immediately out of status.

DHS similarly recommend that students maintain the terms and conditions of F status after filing an I-485 application for adjustment of status. DHS indicated that this would protect student in the event that the adjustment petition is denied (NAFSA note: DHS has told NAFSA in prior liaison calls that the questions of SEVIS/F/M status during the pendency of an adjustment application is currently being review by BCIS and BICE general counsels. That guidence has not yet been disseminated)."
 
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