H1 stamping and DS-156 Q.36 has anyone Ever Filed

C

chinnu0202

Registered Users (C)
Hi,

I am planning for H1B stamping in vancouver next month. This is my third H1B stamp on my passport.

Currently working for Big company which has 15K employees. Recently I filed I-140 with labor substitution through small desi company. Do I need to say "YES" to question 36 Has Anyone Ever Filed an Immigrant Visa Petition on your Behalf?. or Shall I mark "NO" as it is very small company.

Please advise.

Thanks,
Chinnu
 
Once you file for your I-140, you have now officially filed your immigrant petition. There is no need to state anything other than the truth, mark a 'Yes' without any fear. A H visa is a dual intent visa and your immigrant petition should have no bearing on your H1 visa application. I have been asked during my H1 interview and while entering through US immigration on separate occassions whether I was going to apply for a green card and I said yes both times without any consequences.

Good luck.

Jawad
 
Last edited by a moderator:
Thanks Jawad,

I have one more question. Right now I am an employee of Big company. and in future I am going to join the small company Once I get the GC. I mean leaving big company and joing small company only becuase of GC...Does this cause any trouble..if I mention "Yes" to Question 36 on DS-156.

Please advise..

Thanks,
Chinnu
 
Once you get your green card, it doesn't matter who you work for. For now, since company A has filed for your I-140, just go ahead and say Yes in your application. If you are ever questioned on it during an interview, say that yes company A has sponsored my green card petition.
 
Jawad,

I have one more question, Could you Pl advise on this.

The employer who filed my I-140 is very small company, and I heard they had visa rejections from Chennai Consulate, INDIA. and they might have put Red flag on that company, Does this effect my Visa stamping..!! Or Is it better to withdraw I-140 from that company.......Pl share your experience/thoughts..!!

Thanks much,
Chinnu
 
Sorry, I can't advise on this. Maybe someone else who has been through a similair situation might be able to answer this. But you will have to explain your situation in a bit more detail. You are currently employed for large company A? But plan on moving to small desi company B (who might be red-flagged) - the reason for doing so is because they will be sponsoring your LC and I-140? I'm not sure how this works. I mean working for one company but getting greencard through another. There's bound to be some verification at some stage which will cause problems. Again please consult a lawyer for proper advice or maybe someone else can chip in to add some comments.

Good luck,

Jawad
 
Whether it is filed by a small company or large company does not matter. It would be fraud if you say NO.

chinnu0202 said:
Hi,

I am planning for H1B stamping in vancouver next month. This is my third H1B stamp on my passport.

Currently working for Big company which has 15K employees. Recently I filed I-140 with labor substitution through small desi company. Do I need to say "YES" to question 36 Has Anyone Ever Filed an Immigrant Visa Petition on your Behalf?. or Shall I mark "NO" as it is very small company.

Please advise.

Thanks,
Chinnu
Click to expand...
 
You must log in or register to reply here.
Top