DS-160 question about immigrant petition

[h1b_question]

I have my I-797 approval notice that was filed by my employers, and I am planning to get an H1B stamped at the consulate.

In the DS-160 form, there is a question: "Has anyone ever filed an immigrant petition on your behalf with the United States Citizenship and Immigration Services?"

Is the answer Yes or No for me?

Any help will be appreciated.

-R

[kabkaba]

Has an employer or family member ever initiated green card process for you?

[itsshanks]

I have my I-797 approval notice that was filed by my employers, and I am planning to get an H1B stamped at the consulate.

In the DS-160 form, there is a question: "Has anyone ever filed an immigrant petition on your behalf with the United States Citizenship and Immigration Services?"

Is the answer Yes or No for me?

Any help will be appreciated.

-R

If your current or any other (future) employer had not started green card process or had filed labor petition for you then the answer would be No.

[kumarshah]

My company is filing GC on my behalf, I have Visa extension petition approval beyond 6 years.

I sent the completed DS-160 form to my attorney for review with this question answered No and she didn't say anything was wrong with it.

Is this only valid once the I-140 is approved? I know they got the certification of the LCA

[kabkaba]

If I-140 has been filed (not necessarily approved) you should answer it as yes. Since H1B allows immigrant intent, the answer will not affect the outcome anyway, but it is better to be truthful.