URGENT: I-485: have you ever applied for permanent resident status in the U.S.?

[chuwu]

Hi,

My previous employer filed a green card for me in 2009, and I received the priority date on 2009/09. I moved to Japan in 2011/09, and the available date was still at 2005/05. Thus, i did not hear any decision on my filing.

I recently got married and would like to apply marriage based green card again. (I'm on L-1 now) For the question " have you ever applied for permanent resident status in the U.S.?" on I-485, should I answer yes or no?

1. Yes, received priority date on 2009/09. Status: pending (moved to japan in 2011/09)

2. No


Thank you so much for your help!!!

[maguila]

Answer yes

You did seek permanent residency before so answer yes. Attach a short statement detailing you moved to Japan and did not know if you received a decision notice. Did you notify USCIS that you moved to Japan at that time? Doubtful the status is pending; if no response from beneficiary of application, USCIS usually denies those. If you still have the paperwork with case number from your old green card case, I'd call USCIS to find out status first before documenting on a new application.

[chuwu]

Thank you.

I saw some discussion that if I did not file I-485, the answer is no.
Since the priority date was still at 2005/05 when I left (my priority date was 2009/09), I just don't know if my previous company filed I-485 since nothing was approved..