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I-140 is approved, mentioned NO for immigrant visa application in DS 160

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  • I-140 is approved, mentioned NO for immigrant visa application in DS 160

    Dear Friends

    Although my I-140 is approved. I chose NO for the question regarding immigrant visa application while filling DS 160. Please help me to how to go over this.

    I finished my biometrics a month back. Tomorrow is my visa interview.

    Thanks,

  • #2
    I140 being approved does not mean it is an immigrant visa application. In fact I140 is filed by your employer and does not mean you want to emigrate. Filing I485 on the other hand is an entirely different matter.
    Just an opinion; Not legal advice.

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    • #3
      Originally posted by scientist2016 View Post
      I140 being approved does not mean it is an immigrant visa application. In fact I140 is filed by your employer and does not mean you want to emigrate. Filing I485 on the other hand is an entirely different matter.
      The question in DS-160 is not about immigrant visa and it also does not refer to filing it yourself. It asks instead if an immigration petition is filed by somebody else on your behalf.

      "Has anyone ever filed an immigrant petition on your behalf with the United States Citizenship and Immigration Services?"

      The proper answer would disclose the I140, which is indeed an immigration petition.

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      • #4
        Thanks Mogu scientist2016 . What i heard from attorney is we should say YES even if PERM is filed/approved.

        And i attended interview, it didnt have any effect. Visa is approved.

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        • #5
          Originally posted by rukepedia View Post
          Thanks Mogu scientist2016 . What i heard from attorney is we should say YES even if PERM is filed/approved.

          And i attended interview, it didnt have any effect. Visa is approved.
          So in answer to your original question, as Mogu mentioned, you will have to answer "yes," but unless you file I485 just having a I130 or I140 filed for you does not demonstrate immigrant intent.
          Just an opinion; Not legal advice.

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