Bhanu, Myladoor, Other Gurus...please Answer

sleeplessinseattle

Registered Users (C)
EB2 INDIA PD 04/1999 I-485 ND 02/24/2001 FP 03/22/2001

Wife\'s I-485 was applied along with mine.

Never applied for EAD/AP. Both my wife and myself have valid H4/H1 extension approvals valid upto April 2003. But our Visa Stamps have expired. My wife is in India right now and is going to get her H4 Visa stamp in Chennai. On the OF-156 form there are some questions for which we need guidance/help to answer.

Questions:
1. Have you ever applied for a US immigrant Visa? If yes where, when and was the immigrant visa issued of refused?

Probable answer: Yes, Vermont, 02/24/2000, Blank, Blank

2. Have you or anyone acting for you ever indicated to a US consular or immigration employee a desire to immigrate to the US, or have you ever entered a US visa lotery?

Probable answer: Yes

3. Has anyone ever filed an immigrant visa petition on your behalf?

Probable answer: Yes

Please advise if the answers are ok or do we even need to tell the consulate about our AOS pending application.

Thanks in advance.
 
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Should not be a problem. For H1 and H4 application you can have dual intention. The question of "potential immigrant" does not arise for H-visas..
Shoudl be fine. I myself had done like that before.
 
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Not sure if it matters. Anyway, for question2, shouldn\'t you say No (assuming you did not have any personal
 interviews with INS)
 
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I think the answer should be NO for first two questions and YES for the third one. You have not applied for immigration VISA(which is applied at the consulate) before, these are two different things. Also the answer to the second question is also quite obviously no.
Anyway, if you answer yes to the third question they are going to ask further questions to clarify, so don\'t worry if you make a mistake.
 
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I am sorry for the delay as I missed your post and found it while I was browsing the previous posts..

My Thoughts:
Tthe first one is obviously yes. Also do indicate the status as pending.
The second one is obviously yes (because of the fact that you have I485 pending)
The third is also yes and do indicate the AOS application is pending

Bhanu
 
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You may want to check it with a lawyer. A couple of our employees with visa extensions had to go to the US Embassy in Canada to obtain their visa stamps first. It allowed their immediate family members to get their passports stamped in their home country.
 
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