F-1 on STEM OPT; F-1 renewed; returned to U.S., filed I-140 and approved; ok to file I-485 or 90-day rule?
Quick situation details: F-1 student, came to the U.S. for college in 2015. Graduated in 2019, on time, then started work that fall. Finished regular OPT, went on STEM OPT in about July 2020. Went home (home country) for a visit and to take care of family from Dec 2021 - Feb 2021. While there, renewed expired F-1 visa.
Returned to US in Feb 2021; PERM application submitted a few weeks after and approved recently. Eligible to apply for I-485 (priority date is current for my country).
I just found out there's a "90 day rule" that says that any AOS application made within the first 90 days after returning to the US may result in prior non-immigrant visa application being seen as dishonest. Potentially leading to rejection of both the GC application as well as revoking of the visa.
Does this apply in this particular situation (where the visa is one that has been had for a while, i.e. 5 years since F-1 visa)? Or is it 90 days from first entry, i.e. 90 days since 2015 when I first came (which is long over)? I've heard attorney opinions both ways and would like a clearer idea. Thank you.