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

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

    Comment


    • #3
      If I-140 or I-130 has been filed, answer is yes.
      This is my opinion and not legal advice.

      Comment


      • #4
        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.

        Comment


        • #5
          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.

          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.

          Comment


          • #6
            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

            Comment


            • #7
              You should answer NO.

              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.

              Comment


              • #8
                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

                Comment


                • #9
                  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.

                  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.

                  Comment


                  • #10
                    Has anyone ever filed an immigrant petition on your behalf --DS160

                    Thanks a ton!
                    That helps.
                    - Manoj

                    Comment


                    • #11
                      Regarding H1B renewal while I-140 is in process

                      Originally posted by shervin143 View Post
                      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.
                      When we answer 'Yes' to the question - 'has immigration petition been filed on your behalf", there is a explanation that is being asked for.
                      What is advisable to put in this?

                      I understand H1B is a dual intent visa. But is any possibility the filing of I-140 Immigration petition can affect the chances of getting the H1-B renewed?
                      Any thoughts on this would be helpful.

                      Thanks

                      Comment


                      • #12
                        Originally posted by nallasivam View Post
                        When we answer 'Yes' to the question - 'has immigration petition been filed on your behalf", there is a explanation that is being asked for.
                        What is advisable to put in this?

                        I understand H1B is a dual intent visa. But is any possibility the filing of I-140 Immigration petition can affect the chances of getting the H1-B renewed?
                        Any thoughts on this would be helpful.

                        Thanks
                        As you said H1B is dual intent so the filing of I-140 is not a reason for rejecting the visa. Moreover you have to answer truthfully so if a 140 has been filed; you need to say so

                        Comment


                        • #13
                          Has anyone ever filed an immigrant petition on your behalf --DS160

                          Hi

                          I am planning go for B1 VISA stamping with current employer but I was waiting for H1B RFE response review which is different employer.
                          Will it be fine to go for B1 if yes what is the answer for below question while filling DS160 form?

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

                          Should I mention here that I applied H1B with new employer and It was in progress or we can say NO ?

                          or no issues until H1B approved?

                          Please help me to proceed further.

                          Thanks.

                          Comment


                          • #14
                            H1B is a not an immigrant petition. It is a non-immigrant petition. immigrant petition means filing petition for Green Card (I-140 and above). If an I-140 is not filed on your behalf, then answer NO to that question.

                            Originally posted by pkarthik1979 View Post
                            Hi

                            I am planning go for B1 VISA stamping with current employer but I was waiting for H1B RFE response review which is different employer.
                            Will it be fine to go for B1 if yes what is the answer for below question while filling DS160 form?

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

                            Should I mention here that I applied H1B with new employer and It was in progress or we can say NO ?

                            or no issues until H1B approved?

                            Please help me to proceed further.

                            Thanks.
                            Not a legal advice. Use of this information is strictly at your own risk.

                            Comment

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