We filed I-485 for both me and my spouse ( we have I-485 receipt) and our dates are not current so we need to file my H4 and H4EAD extension as the current ones are expiring soon.
Can you please let me know what should be the answer for these questions on I-539 form when I485 has been filed and pending?
3 . Are you, or any other person included on the application, an applicant for an immigrant visa?
Yes or No
4 . Has an immigrant petition EVER been filed for you or for any other person included in this application?
Yes or No
Also Do I need to provide any other information in the additional information section for it ?
Mention the receipt # for the I-485 and mention your PD so the adjudicating officer will know that your PD is still not current.
Attach copy of I-485 receipt along with other supporting documents.
Thank you @Kalpesh_Dalwadi !!
As per this FAQs - File I-539 with USCIS
“Immigrant Petition” means USCIS Form I-140 or USCIS Form I-130 and “Immigrant Visa” means an application filed on Form DS-230 at a U.S. embassy or consulate abroad."
I did not file anything with Embassy so shouldnt it will be No for Are you, or any other person included on the application, an applicant for an immigrant visa?
There is another question about I485 so I am confused why they are asking the same question.
Part 4 Q5 - Has Form I-485, Application to Register Permanent Residence or Adjust Status, Ever been filed by you or any other person included in this application.
Yes or No
The petition is filed by my Spouse’s employer not by Me so not sure what should I say ?
I think I responded too quickly, my apologies.
PART 4 Q.3 & Q.4 will be ‘NO’ for you. You have neither applied for consular processing nor anyone filed immigration petition (you are not primary for EB nor anyone filed for you in FB category)
Q5 will be ‘YES’ as your I-485 has been filed and pending.
I had filed H4 extension for my wife last year when her I-485 was pending and I just double checked copy of I-539. For some reason I checked ‘YES’ for Q3, Q4 and Q5 and it was approved, LOL!