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  1. #1

    Default Has anyone ever filed an immigrant petition on your behalf --DS160

    Hi Guys
    I have question in DS-160 form for my H1b visa stamping.
    My employer applied by GC, Labor is approved and I-140 is in process, still not approved(got REF)
    so what should I answer to below question
    Has anyone ever filed an immigrant petition on your behalf with the United States Citizenship and Immigration Services?

    Thanks in advance

  2. #2
    Join Date
    May 2009
    Posts
    10,053

    Default

    The answer should be "Yes".
    Not a legal advice. Use of this information is strictly at your own risk.

  3. #3
    Join Date
    Oct 2008
    Posts
    6,686

    Default

    If I-140 or I-130 has been filed, answer is yes.
    This is my opinion and not legal advice.

  4. #4

    Default No is the answer

    I had the same doubt and checked with my attorney. The response from my attorney was simple - "The answer is no because a PERM is not an immigrant petition."

    So, don't confuse your Green Card process with Immigrant application.

  5. #5
    Join Date
    May 2009
    Posts
    10,053

    Default

    Read the question clearly. The person has already filed I-140 which is a petition for immigration. If PERM alone was filed, then the answer can be NO. If I-140 is filed, then the answer should be YES.

    Quote Originally Posted by ThiruTPB View Post
    I had the same doubt and checked with my attorney. The response from my attorney was simple - "The answer is no because a PERM is not an immigrant petition."

    So, don't confuse your Green Card process with Immigrant application.
    Not a legal advice. Use of this information is strictly at your own risk.

  6. #6

    Default Has anyone ever filed an immigrant petition on your behalf with the USCIS

    Hi,
    I-140 is filed for me so I answer 'yes' when filing DS 160 for myself, however do I say 'Yes' on DS 160 for my daughter or wife? They are on H4.
    -Thanks
    Manoj

  7. #7
    Join Date
    May 2009
    Posts
    10,053

    Default

    You should answer NO.

    Quote Originally Posted by msquare29 View Post
    Hi,
    I-140 is filed for me so I answer 'yes' when filing DS 160 for myself, however do I say 'Yes' on DS 160 for my daughter or wife? They are on H4.
    -Thanks
    Manoj
    Not a legal advice. Use of this information is strictly at your own risk.

  8. #8

    Default Has anyone ever filed an immigrant petition on your behalf --DS160

    Thanks Shervin143,
    Appreciate your response. Just want to reconfirm one thing though that the I-140 filed on my behalf is going to benefit my whole family from perspective of GC. I hope your response still will be 'No' as an answer to this question. But it is good to get that clarity in my mind.
    Thanks again
    -Manoj

  9. #9
    Join Date
    May 2009
    Posts
    10,053

    Default

    Your I-140 is filed for you and not for your family. Until I-485 is filed (including your family) you can answer NO to this question for the dependents. You should YES for you as I-140 is considered as an immigration petition.

    Quote Originally Posted by msquare29 View Post
    Thanks Shervin143,
    Appreciate your response. Just want to reconfirm one thing though that the I-140 filed on my behalf is going to benefit my whole family from perspective of GC. I hope your response still will be 'No' as an answer to this question. But it is good to get that clarity in my mind.
    Thanks again
    -Manoj
    Not a legal advice. Use of this information is strictly at your own risk.

  10. #10

    Default Has anyone ever filed an immigrant petition on your behalf --DS160

    Thanks a ton!
    That helps.
    - Manoj

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