How to answer "has anyone filed for an immigrant petition" duing H-1B stamping ?

[vinay.123.shah]

Hi,

My name is Vinay Shah. I am a citizen of India. I just finished my PhD from top US University, and joined job in a top software company in the US. I am currently on OPT (Optional Practical Training) status. My company applied for my H-1B petition, and I got the H-1 approval notice. I also filed papers for my green card processing very shortly. Now, I need to go to India towards the end of the year. So, I will have to get my H-1B stamped in India. (I already have a visa appointment).

When I apply for H-1B stamping in India, they ask me to fill out a form DS-156, which has the following question: "Has anyone filed for an immigrant petition on your behalf ?". My question is how I should fill out the answer for this.

-- I understand that the correct answer is "yes" (since I have already applied for green card). But I have a feeling that if I say "yes", the visa officer in India will reject my application for H-1B visa... saying that "this is conflict of interest". H-1B is a non-immigrant visa, and is given only if you do not intend to stay in the US for ever.

-- If I answer "no" to the above question, can the visa officer come to know that I am telling lie ?


Thanks, Vinay.

 

[drirshad]

Beau, oh you

u dont even have an approved LC yet, ur Papa will not know so say NO.

And apply in EB1 if u already hv a PhD (Pagal, Hawla, Diwana) u b much better off, talk to an attorney ........