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A few questions on filling I-485: I-94 expiry date, 245(i) etc.

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  • A few questions on filling I-485: I-94 expiry date, 245(i) etc.

    Hi All

    I am trying to fill an I-485 form after the approval of I-140 based on employment. I have a few doubts and it will be great if you could clarify these.

    1. I entered in the USA on H1B academic visa and during that time the expiry date on I-94 was on July 2017. However, after the entry my H1B visa was extended and now my expiry date on I-797 form is August 2018. Could you please tell me which date needs to be included in the I-485 form in the column asking I-94 expiry date?

    2. In I-485 form it asks the question: Are you applying for adjustment based on the Immigration and Nationality Act (INA) section 245(i)? After reading about 245(i) I guess my answer should be No. Am I correct in answering No?

    3. I am slightly confused on writing 'None' or 'N/A' on I-485. In the instructions it says that

    "Answer all questions fully and accurately. If a question does not apply to you (for example, if you have never been married and the question asks, “Provide the name of your current spouse”), type or print “N/A,” unless otherwise directed. If your answer to a question which requires a numeric response is zero or none (for example, “How many children do you have” or “How many times have you departed the United States”), type or print “None,” unless otherwise directed."

    I married only once and would you advise me whether I need to fill the previous marriages columns to N/A or None?

    Thank you very much!

    Vinu

  • #2
    Originally posted by vvinuv View Post
    Hi All

    I am trying to fill an I-485 form after the approval of I-140 based on employment. I have a few doubts and it will be great if you could clarify these.

    1. I entered in the USA on H1B academic visa and during that time the expiry date on I-94 was on July 2017. However, after the entry my H1B visa was extended and now my expiry date on I-797 form is August 2018. Could you please tell me which date needs to be included in the I-485 form in the column asking I-94 expiry date?
    Your H1b petition extension was almost certainly submitted with a request for extension of status, in which case the approval also comes with an approval of extension of status, which comes with a new I-94. You should have gotten an "I-797A", which comes with your new I-94 as part of the page that you can detach. Once you got the new I-94, that supersedes any previous I-94s you may have received. You need to put the status and admit-until date from this new I-94. If you got an "I-797B" instead, that means you did not get extension of status, either because it was not requested or not approved, which would mean you are out of status.

    Originally posted by vvinuv View Post
    2. In I-485 form it asks the question: Are you applying for adjustment based on the Immigration and Nationality Act (INA) section 245(i)? After reading about 245(i) I guess my answer should be No. Am I correct in answering No?
    Correct. No.

    Originally posted by vvinuv View Post
    3. I am slightly confused on writing 'None' or 'N/A' on I-485. In the instructions it says that

    "Answer all questions fully and accurately. If a question does not apply to you (for example, if you have never been married and the question asks, “Provide the name of your current spouse”), type or print “N/A,” unless otherwise directed. If your answer to a question which requires a numeric response is zero or none (for example, “How many children do you have” or “How many times have you departed the United States”), type or print “None,” unless otherwise directed."

    I married only once and would you advise me whether I need to fill the previous marriages columns to N/A or None?
    None

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Thank you very much newacct! There are very helpful

      Comment

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