Help about the 'last entry into US'.

P

preseeker

Registered Users (C)
Hi guys,

I am filling out I140/I485 now. Two questions,
1. About 'last entry into US'. I came to US as F1 student, then worked after graduation and changed visa to H1. Last year I went to Montreal, Canada to get a H1 visa stamp on my passport, and came back using my old I94. On the border, the officer didnt do any stamp on my passport or I-94. So it ends up that I have a H1 visa stamp on my passport, while my I-94 is still the old one issued when I first came into US.
So which one should I fill in as my 'last entry into US'? And if the later one, since I drive to Canada and there's no city on the border, which place should I fill as the 'last entry place into US'?

2. I want to only do EAD along with I485, will that still trigger the initial screening, even processing of my I140? I heared if you apply for AP/EAD along with I485,there's hope your I140 will be processed ahead, so is that still the case when I only apply EAD with I485?

Thanks for your kind and helpful answer,
 
The city / town in the US which you entered...

You need to find out what the name of the border crossing town in the US was and put that at the place of last entry. That is what I did...no RFE yet...
 
preseeker

If you enter US by car then you will not have a new I94 or a stamp (same in my case went to Stamp H1B).

You should use the entry from Montreal, Canada for the last entry and the proof is your H1B stamp. I have put that info in my 485 and in my AP renewal from local office at Newark. The officer asked for I94 and I did not have it but when I showed the H1 B stamp it was OK with him.
 
You should put the last place you entered. This happend routinely with Canadians. You will have to attach a statement saying that you were inspected and crossed the border in good faith.
INS will transfer your case anyway as they always do in this kind of cases.
Better leave the country and try to re-enter before your application. This will remove all problems.
 
My lawyer's answer.

Guys, thanks for the reply. I called my lawyer again about this,
this time he insists I should use the original I94 one, say, L.A,
as the last entry to US, while last time he said I should fill
out the border city from Canada to US as the answer.
I am really confused now, maybe that's the price for such a
dumb lawyer. Does anyone get I485 approved or at least
know there's no problem with certain answer?
As for who suggested me to re-enter US, I may have no time
to do that before send out the forms.

Thanks a lot,
 
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