AOS from an F-1 with OPT

[rutabaga 209]

We included my A/USCIS number which I got when I was on OPT when filing the I130 and were approved at that stage with no issues.

Edited December 16, 2015 by rutabaga

[DeKi 10]

My OPT card was issued in 2012, valid through 2013. (I am the person who did NOT include an A-number in the AoS filings. I also got approved without any issues and the number I got now is different, although it follows the same format.)

It could be that the issuing process for A-numbers has been changed, but that should be documented somewhere. @connors10 -- since you are working with a lawyer, if I were you, I'd ask them to SHOW me what regulation they are reading that says the number is the same.

Personally I have never used a lawyer for anything, but there are more than enough instances described around this forum where lawyers have made errors. They simply are not as invested as any one of us in getting everything 100% correct.

[connors10 2]

My OPT card was issued in 2012, valid through 2013. (I am the person who did NOT include an A-number in the AoS filings. I also got approved without any issues and the number I got now is different, although it follows the same format.)

It could be that the issuing process for A-numbers has been changed, but that should be documented somewhere. @connors10 -- since you are working with a lawyer, if I were you, I'd ask them to SHOW me what regulation they are reading that says the number is the same.

Personally I have never used a lawyer for anything, but there are more than enough instances described around this forum where lawyers have made errors. They simply are not as invested as any one of us in getting everything 100% correct.

I'm actually not working with a lawyer; I think that was @alexkb5! That said, I'd also love to know about any specific regulation or rule that indicates this one way or the other.

I did find this page buried in the USCIS site that seems to indicate that the USCIS number on an EAD is equivalent to an A-number: https://e-verify.uscis.gov/esp/help/EvHelpAlienandI94Nbr.htm

(see the third picture of an EAD card, with the USCIS number circled)

The page is for employers, but I don't see why the same wouldn't apply for these documents. Any thoughts on this?

One other thing I wanted to verify, this time with the I-864. The vaguely-worded section of the instructions that describes income doesn't indicate whether it's gross or net I should be counting. The instructions do tell me where to look on prior tax returns, but I'm wondering how to report mine and my wife's incomes from this year, for which we obviously haven't filed any tax return. My understanding of it is this: The "annual income" for each of us should include the actual gross payment we've received throughout calendar year 2015, along with our anticipated income for the remainder of the year, with any required explanation and supporting docs. So this would basically be the total gross income as shown on our pay stubs for the entire year, correct? I've had two jobs during calendar year 2015, so I would be including documentation from both jobs showing the gross income I've received so far this year, and an explanation of my anticipated income for the last few weeks here.

Is this the proper understanding of this income reporting?

[rutabaga 209]

I think that is indeed the proper understanding. On that topic, my wife had her employer write her a letter of employment and we used the number from the letter (gross annual income) to fill in the box and added some paystubs as additional proof (the checklist at the end of the instructions says 6 months, the NVC website just says "paystub" we went with six to be sure).

Edited December 17, 2015 by rutabaga

[connors10 2]

I think that is indeed the proper understanding. On that topic, my wife had her employer write her a letter of employment and we used the number from the letter (gross annual income) to fill in the box and added some paystubs as additional proof.

Awesome, thanks! So was that letter showing your wife's gross earnings for the year to date, or was it just a letter that stated annual salary and that kind of thing? We have pay stubs showing accumulated (actual) gross income YTD, and she has her offer letter showing the annual salary of her job as well (though it doesn't show her actual gross payments YTD)

[rutabaga 209]

The letter just had her gross annual salary, when she was employed, what she does there (her position title), and that kind od stuff. Her paystubs do also show the YTD earnings (which is why I actually figured it would be ok to just send the last one, but we didn't want to risk an RFE for something as minor as that).

You can include the offer letter, but I'd definitely also get a LoE if possible, as the LoE is specifically listed as acceptable evidence of income.