Immigration/Green card

[Sean Marsh]

Hello,

My spouse by mistake chose the incorrect dates for the work experience while filing out ds-160 when applying for F1 visa in 2017. Once in the US, my spouse was sponsored for a green card. The labor certification was approved. EAD was issued. In October 2018, the I-140 was denied. The reason given by USCIS was that the dates mentioned in ds-160 did not coincide with the dates that have been mentioned in the I-140. The idiot lawyer also forgot to send the complete documentation validation the required work experience. USCIS has labeled it as willful misrepresentation. A motion to reconsider/re-open has been filed with an affidavit explaining that choosing incorrect dates while filing out ds-160 was an honest mistake. My spouse has been maintaining the F1 status. My question is, if I at some stage get sponsored for H1-B leading to a green card, will it affect the chances of my spouse getting an H-4 and a green card?

Any attempt in answering this question is greatly appreciated.

Thank you.

[Spaniard88]

I'm a bit confused with the whole situation and what does that have to do with H-1B or H-4, so sorry if this is not exactly what you are asking for.

H-1B is a non-immigration visa which means that the process is completely separated from Green Card. H-4 is a non-immigrant visa given to the spouse of an H1-B.

So the short answer is that it will not affect your green card process because H-1B since they are different processes.
However getting a denied I-140 will show up as one of the questions in future GC application and H1-B application. Simply be honest when answering the questions in future forms.
H-4 will not be affected either because that means that you have an H1-B and applied for her H-4 visa.

[Spaniard88]

Also I don't think this branch of the forum is the appropriate for your question. Please refer to the discussion board on H-1B or I-140.