TN Status & AOS

[bizza]

Hi,

I am in the US on a TN status. Today I received a NL informing me that
I was selected for the Diversity Visa 2007 program.

How to decipher the case number?
Does it give any indication on my chances?
Is it possile to opt for AOS?
Is CP faster/better than AOS?
Is it possible to apply for TN status renewal while the application (CP
or AOS) is pending?

Thanks for your help.

Ben

 

[Anahit]

Hi,

I am in the US on a TN status. Today I received a NL informing me that
I was selected for the Diversity Visa 2007 program.

How to decipher the case number?
Does it give any indication on my chances?
Is it possile to opt for AOS?
Is CP faster/better than AOS?
Is it possible to apply for TN status renewal while the application (CP
or AOS) is pending?

Thanks for your help.

Ben

Hi Ben! Congratulations!
What's your case number? You don't need to give us the whole number, just the first 2 digits with "X"s for the rest of the digits.
When is your TN status expiring?

 

[curiousGeorge]

Is it possile to opt for AOS?

Yes, but you won't be able to renew your TN once you file an I-485

Is CP faster/better than AOS?

CP is faster, and has a let less hassles.

Is it possible to apply for TN status renewal while the application (CP
or AOS) is pending?

If you filed CP, then you can renew your TN until your CP interview. If you filed AOS, you won't be able to renew your TN, if you do, it would abandon the I-485.

 

[bizza]

Hi Ben! Congratulations!
What's your case number? You don't need to give us the whole number, just the first 2 digits with "X"s for the rest of the digits.
When is your TN status expiring?

Thanks to everyone for your replies.
The case number is AF27XXX.

another question, if the immigration bill is passed, do you think the results for DV2007 could be voided?

Thanks again for your help

 

[Anahit]

Thanks to everyone for your replies.
The case number is AF27XXX.

another question, if the immigration bill is passed, do you think the results for DV2007 could be voided?

Thanks again for your help

According to pros here, the CP is more preferrable for the big numbers.

That's never going to happen! They can't void the results for DV2007.

 

[Anahit]

Yes, but you won't be able to renew your TN once you file an I-485

CP is faster, and has a let less hassles.

If you filed CP, then you can renew your TN until your CP interview. If you filed AOS, you won't be able to renew your TN, if you do, it would abandon the I-485.

George, how about B2 visa? My brother-in-law is going to do AOS. His case number will probably be current in December-January. His B2 expires on October 4th. Should he apply for his visa extension in August? How long is it allowed to be out of status here for a non-immigrant? Or is it out of question?
I just don't see how can DV AOS processing be a reason for getting B2 Visa extended?
Any thoughts?

 

[bizza]

According to pros here, the CP is more preferrable for the big numbers.

That's never going to happen! They can't void the results for DV2007.

Sorry I guess I forgot to fully answer your previous question.

My TN status expires mid October.

you said "According to pros here, the CP is more preferrable for the big numbers."
I assume I am in that category, isn't ?

Thanks for your help

 

[Anahit]

Sorry I guess I forgot to fully answer your previous question.

My TN status expires mid October.

you said "According to pros here, the CP is more preferrable for the big numbers."
I assume I am in that category, isn't ?

Thanks for your help

Yes, I would say, you are. If you look at the current visa buletin: http://www.travel.state.gov/visa/frvi/bulletin/bulletin_2924.html, AF 27850 is the cutoff number for July, in the DV category DV-2006.
According to DV2005 visa buletin, AF 27700 was the cutoff for May, and 28450 - for June.

 

[curiousGeorge]

George, how about B2?

When one files an I-485 AOS while in a non-immigrant status, such as B2 or TN status, that status is valid until one of the following situations occurs:
1) The B2 or TN expires
2) The person used an EAD for work
3) The person entered the United States using an Advance Parole.
4) The I-485 was adjudicated
When any of these situations occurs then the person's status becomes "AOS pending".

In the case of a TN, it is assumed that the person needs that status for employment. One cannot work in AOS pending status unless an approved EAD is in their possession. Since an EAD takes 2-4 months to get approved, its not practical to apply for EAD when in AOS pending status in the DV category since it is assumed that the DV visa will get approved shortly after the I-485 is filed.

In the case of a B2, it is assumed that the person does not need to work, so an EAD is not needed, and so this is a non-issue. Your brother is fine as long as his B2 visa expires AFTER he files the I-485. If this will not be the case, then he should extend the B2 visa.

In either case, as an aside note, a person who was in a non-immigrant status (such as B2, or TN) and has a pending I-485 will need an Advance Parole to travel outside of the United States. Contrary to popular belief, the Advance Parole must be in the person's possession prior to departure from the United States, and not simply upon re-entry. If upon re-entry to the United States, the officer determines (a) that the Advance Parole was not approved prior to departure, or if (b) no Advance Parole at all is presented upon re-entry to the United States, then the I-485 will be considered abandoned, and if the person's previous status was a non-immigrant status such as TN or B2, and that status had expired, then the person would now be out of status. Bottom line: get an Advance Parole if you intend to leave the United States while your I-485 is pending.

 

[curiousGeorge]

My TN status expires mid October.

you said "According to pros here, the CP is more preferrable for the big numbers."
I assume I am in that category, isn't ?

Since you have a high number, CP is preferable in your case. If you file AOS, then the case may not get adjudicated before the September deadline.

Also it seems that you'll need to extend your TN status one more time before you get your CP interview.

 

[Anahit]

Thanks for the quick response, George.
If my brother could file I-485 while being in status, then he would have no problems. The whole problem is that he can't file I-485 until his number is current. And, his number will be current when he is out of status. My questions are:
1. Isn't there a number of days that you can be out of status?
2. I-539, the application to extend non-immigrant status, says (For B-2): "...you must submit a written statement explaining in detail:
- The reasons for your request;
- Why your extended stay would be temporary, including what arrangements you have made to depart from United States...".
Doesn't look like he has a chance of getting his stay extended for AOS processing, does it?

 

[bizza]

Since you have a high number, CP is preferable in your case. If you file AOS, then the case may not get adjudicated before the September deadline.

Also it seems that you'll need to extend your TN status one more time before you get your CP interview.

I’d like to thank everyone for the valuable information.

Let say I start a CP, is it possible (would I be allowed back in?) to renew the TN at a port-of-entry or should I ask my employer to file I-129?
Is frequent travel in and out the US during the process period is undesirable/not recommended until the interview?

Thanks again for your help

Ben

 

[bizza]

Yes, I would say, you are. If you look at the current visa buletin: http://www.travel.state.gov/visa/frvi/bulletin/bulletin_2924.html, AF 27850 is the cutoff number for July, in the DV category DV-2006.
According to DV2005 visa buletin, AF 27700 was the cutoff for May, and 28450 - for June.

Thanks for the info.

I checked the link and I got the feeling that my chances are pretty slim . Do you agree?

Thanks again for your input & help I really appreciate it.

Ben

 

[Anahit]

Thanks for the info.

I checked the link and I got the feeling that my chances are pretty slim . Do you agree?

Thanks again for your input & help I really appreciate it.

Ben

No, I don't. Even if your number is current in July, you still have about 3 months to finish the process.
So, you should be fine.

 

[curiousGeorge]

Let say I start a CP, is it possible (would I be allowed back in?) to renew the TN at a port-of-entry or should I ask my employer to file I-129?

By filing CP you are not in any way making yourself inelgible for TN status or even B2. So you can apply at the POE, or file an I-129, whatever is easier for you.

Is frequent travel in and out the US during the process period is undesirable/not recommended until the interview?

If you file CP, you can enter and re-enter as much as you want.

 

[curiousGeorge]

Doesn't look like he has a chance of getting his stay extended for AOS processing, does it?

I agree. If he filed CP, then he could extend his B2 much more easily.

By filing an I-485 he is showing immigrant intent, which makes him ineligible to qualify for B2 status.

 

[gintsj]

Hi!!!!! My number is EU15xxx and it is for july. Can I send my documents to Chicago now. What exact documents do I have to send. Do I have to sign my pictures???

 

[Anahit]

I agree. If he filed CP, then he could extend his B2 much more easily.

I am confused, George. If he does CP, that means he is going back to do the processing in his country, in which case he wouldn't need to extend his B2 visa. And, even if he did need to extend it, how he would do it?

By filing an I-485 he is showing immigrant intent, which makes him ineligible to qualify for B2 status

Again, after filing I-485, he would have no problems because he would have a pending I-485 case. The question is his status at the time of filing I-485. And, my understanding is that he can't extend his B2 visa by referring to his expected AOS process for DV-2007 since it won't show any non-immigrant intent on his part.
So, I really don't know what to do.

 

[Anahit]

Hi!!!!! My number is EU15xxx and it is for july. Can I send my documents to Chicago now. What exact documents do I have to send. Do I have to sign my pictures???

Here is the link for you: http://www.uscis.gov/graphics/formsfee/forms/i-485.htm.
Also, read the instructions on I-485. (You don't need to sign your pictures.)

 

[bizza]

curiousGeorge, Anahit and everybody else,

Thank you very much for the valuable information.

Thanks to your input I decided to go on the CP path.

A silly question : Do I have to use the forms included in the package or can I use the online versions of DS122 & DS230?
I like the online version because I can type in and print them and it is much clearer than writing by hand. The only difference, I noticed, between the received form and the online form is that the received form have a water mark "2007" across the page.

Thanks again for everyone for the help and good luck.

Ben