H4 Extension and 485 filed how to answer part4 - 3

[h4_question]

Hi,

My H1 is expiring in Oct. 2007. So, my company is filing my H1 extension and I have to file my wife's H4 extension. Recently we filed 485, EAD and AP for both of us (no receipt yet). While filling out I539 for EOS, I was not sure how to answer Part4, question 3 a, b and c. Here are the questions.
a. Are you, or any other person included on the application, an applicant for an immigrant visa?
b. Has an immigrant petition ever been filed for you or for any other person included in this application?
c. Has a Form I-485, Application to Register Permanent Residence or Adjust Status, ever been filed by you or by any other person included in this application?

I think answer to b should be no as I140 is not filed for her but me. Answer to c will be Yes but I don't know what to write in seperate sheet. I don't know what should be answer to a.

Any help is greatly appreciated.

Thanks.

 

[onion]

I am no expert, but I thought Ginnu answered this question a couple weeks ago.

Here is what I remembered.

a. NO
b. NO
c. YES
Explain that you wife filed 485 as a dependent of your 485 application.

 

[ginnu]

Hi,

My H1 is expiring in Oct. 2007. So, my company is filing my H1 extension and I have to file my wife's H4 extension.
--------------------let the company file your H1 extension and your wife H4 extension sent in the same envelope so that both you get approved same day ( you may have to pay for your wife H4 extension)
Recently we filed 485, EAD and AP for both of us (no receipt yet).
-----------------many have not recieved reciept notices
While filling out I539 for EOS, I was not sure how to answer Part4, question 3 a, b and c. Here are the questions.
a. Are you, or any other person included on the application, an applicant for an immigrant visa?
----------------- I-140 is immigrant petition, if filed I-140 then write YES if not filed then NO
b. Has an immigrant petition ever been filed for you or for any other person included in this application?
--------------- if I-140 immigrant petition was filed then YES. if not NO. FYI I-485 is application to adjust status in US and I-485 is not immigrant petition
c. Has a Form I-485, Application to Register Permanent Residence or Adjust Status, ever been filed by you or by any other person included in this application?
---------------------YES(if I-485 for your wife is filed)
I think answer to b should be no as I140 is not filed for her but me.
--------------correct
Answer to c will be Yes but I don't know what to write in seperate sheet. I don't know what should be answer to a.
---------------attach a sheet or explain on cover letter for Part4 item# a) that for YOU(your name, DOB, address that I-140 was filed for you by employer XYZ and employer address phone # is ...... for your wife, name..... DOB... no I-140 was filed and she filed derivative I-485 on date... and sent to service center....... she need to sign the cover letter if sent with her H4 extension papers (make the corrections according to situation on cover letter and write the date and address on cover letter) keep the copy of each document that you or your wife send it to USCIS

Any help is greatly appreciated.

Thanks.

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[h4_question]

Thanks ginnu and onion.

I am confused about answer to item a). What is the difference between immigrant petition (I140) and application for immigrant visa? I140 has not been filed for my wife. So, should I check Yes or No for item a) (immigrant visa)?

Thanks.

 

[ginnu]

Thanks ginnu and onion.

I am confused about answer to item a). What is the difference between immigrant petition (I140)
--------------employer file that petition
and
application for immigrant visa?
------------------------if you are USC and file immigration Visa petition for your spouse, son daughter..... to immigrate to US and then they get immigrant visa from US consulate
I140 has not been filed for my wife.


So, should I check Yes or No for item a) (immigrant visa)?
---------------- if your wife file anything with USCIS and form asks then she will write NO as no I-140 was filed for her.
Thanks.

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