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H1b, I-140 and DS-156

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  • H1b, I-140 and DS-156

    Good day. I am a registered nurse who has a pending I-140 (immigrant petition) that was filed by by a hospital in Florida last year and this year I want to obtain an H1B visa that will be filed by a different hospital employer. I am afraid that this might affect my chance of getting approved/denied during the interview at the embassy for the H-1B visa. My questions are as follow:

    1. Does the USCIS allow concurrent filing of two types of visa, H-1B and I-140 respectively, with the former providing an intent to temporarily work in the USA and the latter with an intent to permanently stay in the USA?

    2. How should I answer item #26 "How long do you intend to stay in US?" on the DS-156 for an H1B? Should I answer 3 years even if I have pending I-140 which has an intention of staying permanently or indefinitely in the US?

    Thank you very much.
    Immihelp Support
    No legal advice. Use at your own risk.

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  • #2
    1. Yes. H1 is dual intent.
    2. For the duration of H1B petition, as specified in LCA.
    Immihelp Support
    No legal advice. Use at your own risk.

    Visa and Greencard Tracker

    Visitor Medical Insurance for your visiting relatives.

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