"Have you ever applied for permanent resident status before" question

[agupta001]

Hi,

In 2007, I had concurrently filed I140 (NIW/EB2) and I485. My I140 petition was denied.

I reapplied, and I140 (NIW/EB2) was approved. I am now current and will file form I485. How should I approach this question on I485 -

"Have you ever applied for permanent resident status before? If yes, give date and place of filing and final disposition."

I think I should say no because the I485 was never in the game since the I140 was rejected, but I am not sure.

Can someone here offer their input?

Thanks!

[JoeF]

If you filed an I-485, you have applied for permanent residency status.

[pontevecchio]

You should say NO.

[Belle]

I-140 that you applied for is an immgrant petition, which is different. Permanent residence petition is I-485 or consular processing.

[JoeF]

I-140 that you applied for is an immgrant petition, which is different. Permanent residence petition is I-485 or consular processing.

He also filed an I-485, in parallel. Therefore, he has "applied for permanent residency status" before.

[agupta001]

Thank you. I agree, I should answer yes to that question.

How should I address "If yes, give date and place of filing and final disposition". Will something like the following be okay?

"I140/I485 filed concurrently 07/01/2007 in CA, I140 denied on xyz date."

[Belle]

He also filed an I-485, in parallel. Therefore, he has "applied for permanent residency status" before.

Missed that. Good catch, Joe.