140 urgent question, please read!

A

allaboutgc

Registered Users (C)
Hi,

Here is our story.

We are from a retro-country. In September my husband had a LC pending at the Backlog Center and we did not know when it would be approved.

In order to catch the 10/1 deadline, I filed 140 in the NIW category and both my husband and I filed 485 (so in this case, I am the principle applicant and my husband is the dependent).

To our surprise, my husband's LC was approved recently. He is planning to file a 140 based on his approved LC as he is not sure the fate of our NIW filing.

In the 140 form, part 4 and question 6, the question is "Has any immigrant visa petition ever been filed by or on behalf of this person?".

Should my husband answer YES or NO to this question?

He did NOT file 140 before, but his name -IS- listed in my 140 application (part 7). And he also filed 485 as a dependent of me. In this case, how should we answer the above question? If he needs to say yes, would my 140 filing mess up with his 140 filing?

Thank you so much for your answer.
 
Allaboutgc,
To the best of my knowledge (and I am not a lawyer!!), the I-140 petition is filed by/for the benificiery (you in this case). Since your husband did not file I-140 and was a dependent on your petition, the answer should be "NO". I would suggest you to visit www.murthy.com forum, scroll down to NIW and Extraordinary Ability Category" and read through the string of posting started by "meimei". Her situation is similar to yours.

Hope this helps.
 
Answer is NO. If 140 was filed for you as the beneficiary, there is no need to state that it was applied for your husband.
 
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