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Hi @SusieQQQ - seeking your help again. I resubmitted 485 & 765 in early March (original submission in Nov 2020 was rejected due to "additional alien info required") Got a letter from USCIS that original submission date will apply to all those who got 485 rejected due to missing Q9, 10 (addl...

Hi @newacct - seeking your help again. I resubmitted 485 & 765 in early March (original submission in Nov 2020 was rejected due to "additional alien info required"). Got a letter from USCIS that original submission date will apply to all those who got 485 rejected due to missing Q9, 10 (addl...

Just to add...I filed as derivative of spouse who is already has an approved employment based GC

Resubmitted 485 & 765 in March (original submission in Nov 2020 was rejected - additional alien info required reason). Last week, $1225 was cashed, email said "fingerprint fee received" with receipt number. Am waiting for receipt in mail. Surprisingly, today I received 485 supporting...

What's an IO? By "chain of events" you mean events in 485 process later? Or do you mean "chain of events" when deciding 539? I am right now thinking of step 1 - 485 acceptance. Last 485 I filed in Nov got rejected due to leaving Part 2, item 10 blank (I regret this stupid mistake). Meanwhile...

Since spouse has employment based green card, my better options are to file AOS as derivative when in US or file follow-to-join if I am in home country. I replied to your point about why I did not mention immigrant petition in 539. Awaiting your revert @SusieQQQ - do you still believe my 539...

Hi @SusieQQQ - am I missing anything in the above?

@SusieQQQ - oh I do see what you asked. So wife proved approved 140, green card (551) and I used it to file 485 as derivative. So in 539 Part 4 filed in Jun 2020, it asks if I have ever filed or been an applicant on an immigrant petition or applied for AOS. And I said No, coz I was not an...

Thanks @newacct and so to rephrase, I don't accrue unlawful presence from past date when & if 539 is denied. Instead, only my B1 visa will be voided since I overstayed. You also suggested/wondered if 485 can be reopened. How? I consulted with a lawyer who said file 485 again with a request to...

@SusieQQQ - appreciate your revert. I did consult a lawyer. I had consulted the same lawyer in Nov2020 & then filed 485 on my own. Got inputs from newacct on how to fill 485. By mistake, I missed Part 2 item 10. Lawyer's view: 245(k) 180-day clock starts when there is no pending extension...

Also since 485 was rejected most likely due to leaving Part 2, Item 10 blank (like many applicants I think), may I add a letter to USCIS to "use their discretion and pardon a mistake as leaving that field blank meant No by default and hence consider a receipt date of my first submission" etc etc.

@SusieQQQ - I consulted and also read about 180 day exemption calculation (uscis.gov/policy-manual/volume-7-part-b-chapter-8). Suggested option - I resubmit 485 right away instead of waiting for I-539 decision (expected in 2-4 weeks). If I-539 is denied, I can choose to wait for I-485 decision...

Thanks @newacct - and I was reading how they calculate 180 day exemption (uscis.gov/policy-manual/volume-7-part-b-chapter-8) - so what you are saying is I just resubmit right away instead of waiting for I-539 decision (expected in 2-4 weeks). And if I-539 is denied, should I continue to wait for...

And @SusieQQQ - Since I have unlawful presence any which ways, I may still do this (post #23): If 539 is approved, I file 485 and use 245(k) 180-day exemption for EB immigration, to stay further and then wait for EAD and cross my fingers for RFE/interview.

Yes thanks. I thought you asked for my extension filing date to estimate unlawful presence accumulated days, hence I replied that I filed in June2020. Supremely grateful. You are extremely helpful. Let me process all this, google more, discuss with spouse, perhaps talk to a lawyer (avoided so...

Thanks again @SusieQQQ - I filed extension in June 2020 - so if denied, it's over 180 days. But it was pending so unlawful presence should count from Dec 2020 (less than 180 days so far). Thus my query on 3 year ban. Your view?

@SusieQQQ - thanks a ton. Let me paraphrase what your wrote: So B1 is or will be voided because non-immigrant intent is suspect now. Agreed. How to check if B1 is voided - call the consulate or visa center? If I leave now, I can say later (at consulate or CBP entry) that I left right after I...

@SusieQQQ - you raised 2 queries. Thanks. This 2nd query first - I-539 does not ask about spouse. It just asks your US address and reason to extend (covid flight shutdown). B1 visa application (which I filed 5 yrs back in home country) asks about spouse name/address where I stated correctly with...

@SusieQQQ - I filed 539 in June 2020 to extend my B1 stay, and LATER filed 485 in Nov 2020 with my spouse's green card as underlying petition. Part 2Q 3,4,5 on I-539 asks whether any applicant (that's me) has any immigrant petition/visa ever - in June 2020 when I filed it, there was none. So I...

@SusieQQQ - as a summary, I think I have 3 paths: A. If I leave now (when I just got my rejected I-485), I will have to explain to CBP at next re-entry that I filed I-539 & later I-485 in time and then CBP may void my visa & send me back or even impose 3 year ban. B. If I wait till I-539 is...