H1 - Immigrant Visa Petition

[tanya4]

Hi,
I came to US on F-1 Visa. We applied EAD on my husband's 140/485. I worked using my EAD. And my OPT has expired too.

Now I came to know that my husband's 485 is denied.

I applied for H1 in "Student Quota" and going for stamping.

1. When filling DS156 application for H1 I came upon a question - "Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?" which i marked yes.

What possible issues/questions would i be facing from counsalate.

can anyone pls help me.

 

[TheRealCanadian]

When filling DS156 application for H1 I came upon a question - "Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?" which i marked yes. What possible issues/questions would i be facing from counsalate.

Technically, you answered incorrectly since the I-140 was filed for your husband, but that shouldn't be a problem. Since an H visa has explicit dual intent provisions, the fact that you had a filed I-485 cannot be used as grounds to deny your stamp.

 

[compass]

Technically, you answered incorrectly since the I-140 was filed for your husband, but that shouldn't be a problem. Since an H visa has explicit dual intent provisions, the fact that you had a filed I-485 cannot be used as grounds to deny your stamp.

I think tanya was correct, she ment not her husband's I-140 but her I-485, I-485 should have been filed by her (or on her behalf) since she was using EAD.
However this should be ok for H-1 stamp since H-1 is a dual intent visa.

 

[TheRealCanadian]

I think tanya was correct, she ment not her husband's I-140 but her I-485, I-485 should have been filed by her (or on her behalf) since she was using EAD.

An I-485 isn't an immigrant visa petition, which is an I-130, I-140 or I-360.

 

[tanya4]

Thank you for your responses.

I heard that F1 does not allow "intent to migrate"

Since I came on F1 will this lead to tough questions.

can u put some light.

thx in advance

 

[nonogc]

BUT the immigration happens after you came here as F1