I485 Application type for someone on H1B

resi4u

New Member
Hi all! I am completing the I-485 form and am stuck on part 2 "Application type". I work at a University in the US on an H1B Visa. Do I choose
a) an immigrant petition giving me an immediately available immigrant visa number that has been approved
or
h) other basis of eligibility

And if A: what is the copy of the approval notice I need to attach here?

Thanks so much!
 
So what is the basis for you to immigrate? This has nothing to do with your current status.

For family-based immigration, someone filed (or is filing) an I-130 petition for you. For employment-based immigration, someone filed (or is filing) an I-140 petition for you. (There are some other categories of immigration I will not list here.) What category are you in and what is the status of the the petition?
 
employment based, I am not sure what you mean by status of petition? We just did the labor part and now I have to do the adjusment application
 
You must have a pending or approved petition to do Adjustment of Status. So your company must have filed an I-140 already, or is filing an I-140 together with your I-485.
 
Yes I think they are doing the I40 now. Do you know which category I choose for Application Type on this form?
 
If the I-140 is approved, choose A. If I-485 is filed concurrently with I-140, or while I-140 is pending, the form's design is unclear. Some people do A, and some people do H and write pending I-140, or concurrently filing with I-140. Both will work.

It is confusing because for I-485 concurrently filed with I-130, they do choose A, because it says "An immigrant petition giving me an immediately available immigrant visa number that has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)" However, I-140 is an employer-based petition, which is not a relative, special immigrant juvenile, or special immigrant military petition, so it is technically not included in the sentence above (though the instruction is self-contradictory anyway, since it says a petition "has been approved" in one part but says you can attach a petition in another part). Logically, concurrent filing for I-140 and I-130 should work the same way, so A should be chosen for both. But since technically the part of the sentence about concurrent filing mentions relative but not employer petitions, you could argue that A is not applicable, and thus choose H (other).
 
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