newbie1234 Posted March 1, 2021 Report Share Posted March 1, 2021 My I-485 as derivative spouse (F2A category) filed in end-Nov, got rejected with 'additional alien worker information required' and I realized Part 2, item 10 was incomplete. My last I-94 was till June 2020, and I-539 for B1 extension till Dec 2020 is still pending. If I-539 is APPROVED, it will be still less than 180 days after the new I-94 expiry so can I take benefit of 245(k) and file I-485 again? Also will I be technically out of status coz I-539 is till Dec2020 and its already Feb2021? So can I wait till I get I-539 decision and then file 485 again, OR should I leave the country? Quote Link to comment
newbie1234 Posted March 1, 2021 Author Report Share Posted March 1, 2021 My post above unclear. Correct post below: I applied employment based AOS as derivative of spouse (principal) who already got EB green card 3 yrs back. I was living in home country, entered US on B1 with I-94 valid will June 2020, filed I-539 extension (which is still pending), and filed AOS in Nov 2020 (which just got rejected). Now, can I wait for I-539 retroactive approval to Dec 2020 and file corrected AOS again, using 245(k) 180 day provision? Quote Link to comment
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