Question about H4 to F1 while principal applicant's I-140 has been approved

[SaiM]

Hello folks,

 

I am planning on applying for a COS from H4 to F1. My mother is the principal H1-b holder. I am applying for this primarily because I will be turning 21 soon and I want to gain some practical experience in my field. I am currently pursuing a B.S. in Computer Engineering. My mother applied and got her I-140 approved in September 2010. Her priority date is in June 2010.

 

Now on the I-539, the first two questions 3(a) and 3(b) are the problem.

 

3(a) Are you, or any other person included on this application, an applicant for an immigrant visa? - I am answering 'NO' for this considering that I am not the applicant. Or should I say yes for this?

 

3(b) - Has an immigration petition ever been filed for you or for any other person included in this application? - This is what I am really not sure about. I don't know if I should say NO and say YES and include the I-140 approval. 

 

Because I am included on the I-140 application when my mom filed it. I am really confused on this. Please advise me, 

 

Thank you for you time. I really appreciate it. 

[jairichi]

Hello folks,

 

I am planning on applying for a COS from H4 to F1. My mother is the principal H1-b holder. I am applying for this primarily because I will be turning 21 soon and I want to gain some practical experience in my field. I am currently pursuing a B.S. in Computer Engineering. My mother applied and got her I-140 approved in September 2010. Her priority date is in June 2010.

 

Now on the I-539, the first two questions 3(a) and 3(b) are the problem.

 

3(a) Are you, or any other person included on this application, an applicant for an immigrant visa? - I am answering 'NO' for this considering that I am not the applicant. Or should I say yes for this?

 

3(b) - Has an immigration petition ever been filed for you or for any other person included in this application? - This is what I am really not sure about. I don't know if I should say NO and say YES and include the I-140 approval. 

 

Because I am included on the I-140 application when my mom filed it. I am really confused on this. Please advise me, 

 

Thank you for you time. I really appreciate it. 

3(a) Your answer is NO.

3(b) Your answer is NO.

[catx]

You are correct, the answer to question 3(a) is No.

 

The answer to question 3(b) is also No, as an I-140 petition is not an immigration petition.  An immigration petition would be an I-485 adjustment of status application, which would be filed when the applicable priority date becomes current.

[JoeF]

You are correct, the answer to question 3(a) is No.

 

The answer to question 3(b) is also No, as an I-140 petition is not an immigration petition.  An immigration petition would be an I-485 adjustment of status application, which would be filed when the applicable priority date becomes current.

Hmm, that's wrong.

An I-140 (or I-130) IS an immigrant petition. Please check the actual forms.

An I-485 is Adjustment of Status.

[catx]

JoeF I stand corrected, thank you.

 

Regardless, I am transitioning off this forum as all I see is the same questions, issues, immigration abuses, etc. time after time with no end, and I am weary of the 'Don Quixote' effect.  Time to move on and focus my time reading information from authoritative sources, and energies helping my son with his immigration status and getting his permanent residency.

[rahul412]

You are correct, the answer to question 3(a) is No.

 

The answer to question 3(b) is also No, as an I-140 petition is not an immigration petition.  An immigration petition would be an I-485 adjustment of status application, which would be filed when the applicable priority date becomes current.

I-140, Immigrant Petition for Alien Worker. That's what I got from USCIS website, so I140 is an immigration petition.