agupta001 Posted January 8, 2012 Report Share Posted January 8, 2012 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! Link to comment
JoeF Posted January 8, 2012 Report Share Posted January 8, 2012 If you filed an I-485, you have applied for permanent residency status. Link to comment
pontevecchio Posted January 8, 2012 Report Share Posted January 8, 2012 You should say NO. Link to comment
Belle Posted January 9, 2012 Report Share Posted January 9, 2012 I-140 that you applied for is an immgrant petition, which is different. Permanent residence petition is I-485 or consular processing. Link to comment
JoeF Posted January 9, 2012 Report Share Posted January 9, 2012 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. Link to comment
agupta001 Posted January 9, 2012 Author Report Share Posted January 9, 2012 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." Link to comment
Belle Posted January 9, 2012 Report Share Posted January 9, 2012 He also filed an I-485, in parallel. Therefore, he has "applied for permanent residency status" before. Missed that. Good catch, Joe. Link to comment
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