does 140 count as application for permanent resident?

[powerness 0]

Hi,

I am on H1b now and my employer started filing GC for me in 2009. They finished the PERM and submited the 140. I got the I-797 saying that 140 has been received. Since I am in category EB3, it will still take years before I can submit i-485. So I have not submitted a i-485 yet through my employer application.

I recently got married to my citizen husband and I plan to apply for GC as his spouse, which will be much faster than through my employer based on the EB3 waiting time. I am filling out i-485. In Part 3, it asked:

"Have you ever applied for permanent resident status in the U.S.?

Yes or No. If Yes, give date and place of filing and final disposition."

So should I say Yes or No to this question?

Thanks in advance!

[hmh33 117]

No

[AnotherLostSoul 167]

I think "yes" and just be honest and write down through employment and that it is still pending...

[powerness 0]

I searched online and some ppl say only submitting i-485 counts as applying for permament resident, 140 is not applying for Greencard, just petition.

I am confused.

Anyone had the same situation before?

I think "yes" and just be honest and write down through employment and that it is still pending...

[hmh33 117]

AnotherLostSoul is wrong. An I-140 is NOT an application for permanent resident status. If you were asked whether any immigrant PETITIONS had been filed on your behalf, you would answer 'yes', because that's what the I-140 is.

[AnotherLostSoul 167]

hmh: thanks for the clarification. I guess I was wrong. I guess petitioning for green card isn't the same as adjusting status. Sorry for giving wrong info here...OP: good luck!

[powerness 0]

Thank you for all your answers. That was very helpful!

hmh: thanks for the clarification. I guess I was wrong. I guess petitioning for green card isn't the same as adjusting status. Sorry for giving wrong info here...OP: good luck!

[hmh33 117]

AnotherLostSoul: FYI, the basic premise is that anyone can file a petition for you, theoretically with or without your consent - it's never something the immigrant does him/herself (except in certain uncommon cases like EB-5, widow/er petitions etc). And having a petition filed (or approved) regularly happens without the person actually applying for permanent resident status. The petition merely creates a basis to apply for AoS or an IV.