CSPA Sec-6 "Opt-Out", Philippines are requested to Participate (merged)

[puru444 44]

Subject: CSPA Section-6, Clarifications regarding the "Opt-out" rule. Conversion from F1 to F2b (F2b Retention).

Hi Everyone,

I Know this is out of topic question that I am gonna ask but I really need help where only Philippines' people help me out in this case, who are actually experienced with this. So I find this post suitable for it because of the presence of you all.

I apologize to interrupt you all in between but it might be very helpful for me if you could advice me on Section-6 CSPA.

Here, some info about my case:

PD: Dec 2008

Status: Case approved waiting at NVC

Category: F1 (Converted from F2b last year)

By analyzing the current situation of F1 (worldwide), it seems that it would take more than 2 years for my case to get current whereas I can save at least 1 year if I chose to be in F2b.

I have read a lot about CSPA Section-6 "Opt Out" rule on USCIS site and on other useful links over the internet. Previously this rule was helpful in case of Phillipines and Mexico but right now the whole world facing the same problem.

And I strongly believe that this is the best time to utilize "Opt Out" rule to clear the backlog of F1 by shifting to other category and in this way it stabilizes both categories proportionally.

Therefore, all I want to know the following things:

1. What other forms I need to fill along with the formal letter request to change my category from F1 to F2B?

2. Do I need to send this letter along with other documents or forms (if required) to the USCIS at US address or to New Delhi's embassy?? Hoe you people follow this procedure either you approach at US address or US Embassy in Manila??

3. Generally, how long it would take to convert the case from F1 to F2B??

4. Does it require to pay any FEES for this conversion or would it be just free of cost??

I am eagerly waiting for a response over this matter, please do reply and clarify my concerned points asap.

Its been a very very very looooong journey so far and this little effort would help me out a lot.

Thanks for your precious time and efforts!!

[Ryan H 3,812]

Post split from unrelated thread.

[apple21 953]

Subject: CSPA Section-6, Clarifications regarding the "Opt-out" rule. Conversion from F1 to F2b (F2b Retention).

Hi Everyone,

I Know this is out of topic question that I am gonna ask but I really need help where only Philippines' people help me out in this case, who are actually experienced with this. So I find this post suitable for it because of the presence of you all.

I apologize to interrupt you all in between but it might be very helpful for me if you could advice me on Section-6 CSPA.

Here, some info about my case:

PD: Dec 2008

Status: Case approved waiting at NVC

Category: F1 (Converted from F2b last year)

By analyzing the current situation of F1 (worldwide), it seems that it would take more than 2 years for my case to get current whereas I can save at least 1 year if I chose to be in F2b.

I have read a lot about CSPA Section-6 "Opt Out" rule on USCIS site and on other useful links over the internet. Previously this rule was helpful in case of Phillipines and Mexico but right now the whole world facing the same problem.

And I strongly believe that this is the best time to utilize "Opt Out" rule to clear the backlog of F1 by shifting to other category and in this way it stabilizes both categories proportionally.

Therefore, all I want to know the following things:

1. What other forms I need to fill along with the formal letter request to change my category from F1 to F2B? You need to include your NOA1, NOA2, copy of petitioner's naturalization certificate and your proof of singleness (if there is such a document in your country).

2. Do I need to send this letter along with other documents or forms (if required) to the USCIS at US address or to New Delhi's embassy?? Hoe you people follow this procedure either you approach at US address or US Embassy in Manila?? You send the letter to US Embassy New Delhi. We sent ours to US Embassy Manila.

3. Generally, how long it would take to convert the case from F1 to F2B?? I don't know how it works in your country. But ours was a couple of weeks (forgot the exact timeline coz it was filed in 2010).

4. Does it require to pay any FEES for this conversion or would it be just free of cost?? Its free.

I am eagerly waiting for a response over this matter, please do reply and clarify my concerned points asap.

Its been a very very very looooong journey so far and this little effort would help me out a lot.

Thanks for your precious time and efforts!!

Edited August 2, 2014 by apple21

[puru444 44]

Subject: CSPA Section-6, Clarifications regarding the "Opt-out" rule. Conversion from F1 to F2b (F2b Retention).

Hi Everyone,

I need help where only Philippines' people help me out in this case, who are actually experienced with this.

Here, some info about my case:

PD: Dec 2008

Status: Case approved waiting at NVC
Category: F1 (Converted from F2b last year)

By analyzing the current situation of F1 (worldwide), it seems that it would take more than 2 years for my case to get current whereas I can save at least 1 year if I chose to be in F2b.

I have read a lot about CSPA Section-6 "Opt Out" rule on USCIS site and on other useful links over the internet. Previously this rule was helpful in case of Philippines and Mexico but right now the whole world facing the same problem.

And I strongly believe that this is the best time to utilize "Opt Out" rule to clear the backlog of F1 by shifting to other category and in this way it stabilizes both categories proportionally.

Therefore, all I want to know the following things:

1. What other forms I need to fill along with the formal letter request to change my category from F1 to F2B?

2. Do I need to send this letter along with other documents or forms (if required) to the USCIS at US address or to New Delhi's embassy?? How you people (Philippines) follow this procedure either you approach at US address or US Embassy in Manila??

3. Generally, how long it would take to convert the case from F1 to F2B??

4. Does it require to pay any FEES for this conversion or would it be just free of cost??

I am eagerly waiting for a response over this matter, please do reply and clarify my concerned points asap.

Its been a very very very looooong journey so far and this little effort would help me out a lot.

Thanks for your precious time and efforts!!

[apple21 953]

I already replied to your other post...

1. What other forms I need to fill along with the formal letter request to change my category from F1 to F2B? You need to include your NOA1, NOA2, copy of petitioner's naturalization certificate and your proof of singleness (if there is such a document in your country).

2. Do I need to send this letter along with other documents or forms (if required) to the USCIS at US address or to New Delhi's embassy?? Hoe you people follow this procedure either you approach at US address or US Embassy in Manila?? You send the letter to US Embassy New Delhi. We sent ours to US Embassy Manila.

3. Generally, how long it would take to convert the case from F1 to F2B?? I don't know how it works in your country. But ours was a couple of weeks (forgot the exact timeline coz it was filed in 2010).

4. Does it require to pay any FEES for this conversion or would it be just free of cost?? Its free.

Edited August 2, 2014 by apple21

[puru444 44]

Thank you Apple21 for such a quick response.

It makes me clear that it would take couple of weeks time, that's fine.

+ the process would be done at home embassy.

I think NOA1 and NOA2 are: NOA1: Approval Notice from USCIS and NOA2: Case Acceptance Notice by NVC, right?? Please correct me if I m wrong. I believe, there's no such documents to show for singleness in India. I haven't seen any case yet.

Request Letter:

Would you please highlight some points that are needed to mention in the letter while requesting them for conversion??

I have one doubt regarding this, would you please help me out in understanding to go through it??

1. "Opt-out" can only be possible to implement at a specific time or stage when the Petitioner clears the Naturalization process. And, once an applicant become an F1, he/she can't request for "Opt-out" after a long time like an year or so (especially in my case, its been more than a year)

to go back in F2b.

(Is it a myth or a fact??) By reading your response, I hope its just a myth.

[puru444 44]

Thank you Apple21 for such a quick response.

It makes me clear that it would take couple of weeks time, that's fine.

+ the process would be done at home embassy.

I think NOA1 and NOA2 are: NOA1: Approval Notice from USCIS and NOA2: Case Acceptance Notice by NVC, right?? Please correct me if I m wrong. I believe, there's no such documents to show for singleness in India. I haven't seen any case yet.

Request Letter:

Would you please highlight some points that are needed to mention in the letter while requesting them for conversion??

I have one doubt regarding this, would you please help me out in understanding to go through it??

1. "Opt-out" can only be possible to implement at a specific time or stage when the Petitioner clears the Naturalization process. And, once an applicant become an F1, he/she can't request for "Opt-out" after a long time like an year or so (especially in my case, its been more than a year)

to go back in F2b.

(Is it a myth or a fact??) By reading your response, I hope its just a myth.

[apple21 953]

NOA1 = i797c Notice of Action = Acceptance letter

NOA2 = i797 Notice of Action = Approval letter

I'm not sure what you meant by "specific time or stage" but let me give you my husband's F2B timeline:

PD = March 2001

Approval date = June 2005

Petitioner naturalized = November 2008

Opt out filed and approved = sometime middle of 2010

F2B embassy interview and visa approved = Sept 2011 (PD became current Aug 2011)

[amandaciar22 1]

Hi puru444

So your petitioner naturalized and you are automatically transferred from f2b to f1?

For you to opt out

You need to make a written request that you wanted to be retained to f2b

Address it to DHS/USCIS

US Embassy in your home country

A copy of non marriage cert

Copy of cert of naturalization (petitioner)

That's it

No other forms needed to fill out

It took them a month for my request to be granted.

[amandaciar22 1]

Thank you Apple21 for such a quick response.

It makes me clear that it would take couple of weeks time, that's fine.

+ the process would be done at home embassy.

I think NOA1 and NOA2 are: NOA1: Approval Notice from USCIS and NOA2: Case Acceptance Notice by NVC, right?? Please correct me if I m wrong. I believe, there's no such documents to show for singleness in India. I haven't seen any case yet.

Request Letter:

Would you please highlight some points that are needed to mention in the letter while requesting them for conversion??

I have one doubt regarding this, would you please help me out in understanding to go through it??

1. "Opt-out" can only be possible to implement at a specific time or stage when the Petitioner clears the Naturalization process. And, once an applicant become an F1, he/she can't request for "Opt-out" after a long time like an year or so (especially in my case, its been more than a year)

to go back in F2b.

(Is it a myth or a fact??) By reading your response, I hope its just a myth.

I have one doubt regarding this, would you please help me out in understanding to go through it??

1. "Opt-out" can only be possible to implement at a specific time or stage when the Petitioner clears the Naturalization process. And, once an applicant become an F1, he/she can't request for "Opt-out" after a long time like an year or so (especially in my case, its been more than a year)

to go back in F2b.

(Is it a myth or a fact??) By reading your response, I hope its just a myth.

Yes obviously you can only opt out if the petitioner naturalizes and you are converted automatically to F1,

Not sure if there's a time frame when to do it. I haven't read or heard about such thing.

Edited August 3, 2014 by Ryan H

[puru444 44]

I have one doubt regarding this, would you please help me out in understanding to go through it??

1. "Opt-out" can only be possible to implement at a specific time or stage when the Petitioner clears the Naturalization process. And, once an applicant become an F1, he/she can't request for "Opt-out" after a long time like an year or so (especially in my case, its been more than a year)

to go back in F2b.

(Is it a myth or a fact??) By reading your response, I hope its just a myth.

Yes obviously you can only opt out if the petitioner naturalizes and you are converted automatically to F1,

Not sure if there's a time frame when to do it. I haven't read or heard about such thing.

Thank you Amandaciar22!!

That's really helpful

[puru444 44]

Apple21 & Amandaciar22,

I need your advice once again.

Today I went to US Embassy New Delhi, I have met some of the dumbest consular officer at the window. She didnt knw anything about Opt-out rule, in fact she was lost when I mentioned about the Section-6 Under CSPA.

After that, she kept repeating one thing all the time that We are bound to follow the USCIS services and this is not in our hands. Its out of our authority and blah blah ... this kinda response I have already gt couple of days back via mail by them.

According to her, I need to contact USCIS in US only and not in New Delhi Embassy. I spoke her and gave reference that how philippines applicants do this procedure in their home country at USCIS section in Manila Embassy but that wasn't enough to make her convince as she didn't knw anything and she seems to be a confused about many things.

Im confused right now

What should I do now?? To whom I should contact regarding this?? Someone please help who's aware with all this ... it seems that worldwide offices around the world are not prepared and known to this ALIEN TERM "OPT-OUT".

@G_One,

Have you made any contact or gt any new info in this matter from New Delhi or NVC or USCIS?? Anything??

[amandaciar22 1]

Apple21 & Amandaciar22,

I need your advice once again.

Today I went to US Embassy New Delhi, I have met some of the dumbest consular officer at the window. She didnt knw anything about Opt-out rule, in fact she was lost when I mentioned about the Section-6 Under CSPA.

After that, she kept repeating one thing all the time that We are bound to follow the USCIS services and this is not in our hands. Its out of our authority and blah blah ... this kinda response I have already gt couple of days back via mail by them.

According to her, I need to contact USCIS in US only and not in New Delhi Embassy. I spoke her and gave reference that how philippines applicants do this procedure in their home country at USCIS section in Manila Embassy but that wasn't enough to make her convince as she didn't knw anything and she seems to be a confused about many things.

Im confused right now

What should I do now?? To whom I should contact regarding this?? Someone please help who's aware with all this ... it seems that worldwide offices around the world are not prepared and known to this ALIEN TERM "OPT-OUT".

@G_One,

Have you made any contact or gt any new info in this matter from New Delhi or NVC or USCIS?? Anything??

Have you tried emailing US embassy in your home country?

(Uscis in particular) and ask for the procedure on how to opt out?

Btw is there a uscis in your home country? Bec. im not sure if all us embassies had uscis office..

What i did here is that i emailed USCIS and ask them how and what are the requirements to be submitted.

I didn't personally inquire in the embassy. Then i just mail the necessary documents and that's it after a month i received the notice of approval.. Btw they only use ordinary or regular mail so maybe its also a reason why it took a month to received their response.

Maybe the person you spoke with doesn't handle anything about cspa, he/she should refer you to the right dept.

which is dhs/uscis.

[puru444 44]

@amandaciar22,

First, I mailed them at CIS.NDI@uscis.dhs.gov. This is the link of USCIS Section of New Delhi, I found this link on USCIS website couple of days back and mailed them my all queries (asked about the process and documents needed) and this is the reply I have received by them:

Dear Sir/Madam:

Thank you for your inquiry.

Kindly contact the Service Center in the United States, where the case was filed. This office has no record or jurisdiction on the cases, filed in the United States. You may contact National Customer Service Center NCSC: 1-800-375-5283 to obtain further information or an update.

Please be advised that this Office can provide information only on issues which fall within the jurisdiction of this office and where we have legal authority. USCIS cannot provide legal guidance or suggestion on specific case or situation. If you require help/assistance with a personal legal matter you may wish to seek legal counsel or resolve the concerned matter through independent research.

Then, I made an appointment when to visit them personally when the mail option didn't work. But, that didn't work too!!

I think I need to contact the USCIS head office in US. May be they entertain you people in philippines at Manila Embassy due to high demand of Opt-Out in your country.

But, I am still with no answers and wana know the real stuff ....

[G_One 10]

Have you tried emailing US embassy in your home country?

(Uscis in particular) and ask for the procedure on how to opt out?

Btw is there a uscis in your home country? Bec. im not sure if all us embassies had uscis office..

What i did here is that i emailed USCIS and ask them how and what are the requirements to be submitted.

I didn't personally inquire in the embassy. Then i just mail the necessary documents and that's it after a month i received the notice of approval.. Btw they only use ordinary or regular mail so maybe its also a reason why it took a month to received their response.

Maybe the person you spoke with doesn't handle anything about cspa, he/she should refer you to the right dept.

which is dhs/uscis.

@Puru444: I think you can call them between 9 AM - 12 PM, Mon-Thursday. Try calling them first. I am too unsure of it.

http://www.uscis.gov/about-us/find-uscis-office/international-offices/india-new-delhi-field-office

Hi amandaciar22:

1) To whom did you email, can you share the mail Id ?

2) Later to which address did you mail your documents ?

3) How much time does it take for approval, once it reaches the Home country USCIS ?

4) And then after approval, how much time it takes by NVC to effectively change the category to F2B, and treat the case as F2B ?

Can you please share your experiences on how things happen, the order and the delays, to you or other fillipinos.

Thanks a lot for our help

Edited August 6, 2014 by G_One