First Time Posting ... I-140 / I-485 Filing Questions

G

GenoTeich

New Member
I tried searching for answers to my questions but I don't seem to find these exact issues anywhere - not sure if it's because they aren't here or I just don't know the right terms to search for.

Background:
  • Entered U.S. on TN visa
  • Re-applied for TN status after one year and was approved
  • Applied and got approval for H1B1 status with family under H4
  • Received approved LC (form 9089) on 3/21/06
  • Currently filling out forms for I-140/I-485 submission

Here are my questions:

  1. I-140 form - Part 6 has a question that asks "Is this a new position?" I have been working in the same position since I arrived in the U.S. and this is the position that is approved for the LC. Should I answer yes or no and what are the consequences of answering either way? I don't understand the intent of the question.

  2. I-485 - Part 1 asks for "Date of Last Arrival" - I have never left the U.S. since I arrived but I have two I-94's. One from when I physically crossed the border by car into the U.S. and one from my H1B1 approval. Which I-94 date do I enter?

  3. I-485 - Part 3 asks "In what status did you last enter?". Does this mean what visa status? And, again which I-94 date should I enter - the one from my last physical entry or the one from my H1B1 approval?

  4. Most of these forms ask for an 'A#' or a nonimmigrant visa number. I was told by one person that this is something you get if you leave the U.S. and then return while under temporary worker status. So ... if I have never left the U.S. since first arriving under TN status I won't have either of these - correct?

  5. I received an approved LC (form 9089) on 3/21/06 - do I have a priority date now?

Thanks
 
I-140 form - Part 6 has a question that asks "Is this a new position?" I have been working in the same position since I arrived in the U.S. and this is the position that is approved for the LC. Should I answer yes or no and what are the consequences of answering either way? I don't understand the intent of the question.
Ans. no

I-485 - Part 1 asks for "Date of Last Arrival" - I have never left the U.S. since I arrived but I have two I-94's. One from when I physically crossed the border by car into the U.S. and one from my H1B1 approval. Which I-94 date do I enter?
Ans. the one with the approval as both must be the same no..

I-485 - Part 3 asks "In what status did you last enter?". Does this mean what visa status? And, again which I-94 date should I enter - the one from my last physical entry or the one from my H1B1 approval?
Ans. it should be h1h1 if u did not enter as some thing else.

Most of these forms ask for an 'A#' or a nonimmigrant visa number. I was told by one person that this is something you get if you leave the U.S. and then return while under temporary worker status. So ... if I have never left the U.S. since first arriving under TN status I won't have either of these - correct?
Ans. there should be a hand written # behind I-94, provided you are a registered allian. if none just ignore that.

I received an approved LC (form 9089) on 3/21/06 - do I have a priority date now?
Ans. If it is Eb2 and belong to nonretrogressed nation, it should be current.
 
You must log in or register to reply here.
Top