H1 B stamping in India vs LC

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vikas129

Registered Users (C)
Hello everyone,

I changed my status from L1 to H1B in December last year. Prior to that, I was in USA on F1 visa for a year and H1B visa for about 2 years.

I am planning to go to India next month and will have to get my H1 stamp. In parallel, my company is about to file for my Labor certification this month.

Now, on the visa application form, I noticed the following question - “Has Anyone ever filed an Immigration Visa Petition on your behalf? If Yes, who”

Should I answer "yes" or "no" to this question. I am concerned that if I answer "yes", does that conflict with the fact that I need to get an H1-B (non immigrant visa) stamp. At the same time, if I answer "No", will this mean I am providing false information to the US consulate.

Please advise.
Thanks.
 
vikas129 said:
Hello everyone,

I changed my status from L1 to H1B in December last year. Prior to that, I was in USA on F1 visa for a year and H1B visa for about 2 years.

I am planning to go to India next month and will have to get my H1 stamp. In parallel, my company is about to file for my Labor certification this month.

Now, on the visa application form, I noticed the following question - “Has Anyone ever filed an Immigration Visa Petition on your behalf? If Yes, who”

Should I answer "yes" or "no" to this question. I am concerned that if I answer "yes", does that conflict with the fact that I need to get an H1-B (non immigrant visa) stamp. At the same time, if I answer "No", will this mean I am providing false information to the US consulate.

Please advise.
Thanks.
Click to expand...
You'll answer NO ... immigrant visa petition is when 140 is filed on your behalf by the sponsor.

BTW, H1 is a dual intent visa .... having an immigrant intent (by filing for 140/485) does not affect your H1 in ANY way. So no worries there.
 
my spouse has mentioned no in h4 application though our 140 is approved becos he says ...that the petition is for the h1b applicant and not for the spouse. Do u think it will create problems ?
 
Question on PERM vs RIR

Hi,

I have few questions and will appreciate some help on those:

1. My Labor application was filed in September last yr, but my company lawyer tells me that whether the case was accepted as RIR or not will be known only when the application starts getting reviewed by DOL. Is it true?

2. UnderPERM, can the I-140 and I-485 be filed together as before, or not?

3. If I switch to PERM, and if for some reason it gets rejected, can I reapply? Can it be done RIR or not?

4. PERM needs 2 yrs of experience? Does it have to be on the present job, or will my previous experience count?

5. Does the PERM application need to be done by March 28, or can it be done later?

Thanks.
 
vikas129 said:
Hi,

I have few questions and will appreciate some help on those:

1. My Labor application was filed in September last yr, but my company lawyer tells me that whether the case was accepted as RIR or not will be known only when the application starts getting reviewed by DOL. Is it true?
No, You will specify when you apply for LC whether you are applying in RIR or Non-RIR

2. UnderPERM, can the I-140 and I-485 be filed together as before, or not?
PERM is just a new process for processing LC. It does not change anything for I-140/I-485 processing.

3. If I switch to PERM, and if for some reason it gets rejected, can I reapply? Can it be done RIR or not?
You can always re-apply. After March 28th, 2005 you can not apply LC in RIR, everybody should apply in PERM.

4. PERM needs 2 yrs of experience? Does it have to be on the present job, or will my previous experience count?
Always previous experience from the companies other than the LC processing company can be used. You can use experinece gained from your LC processing company, if it is progressive.

5. Does the PERM application need to be done by March 28, or can it be done later?
PERM applications are accepted from March 28th 2005, not before.

Thanks.
Click to expand...
 
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