H1B visa stamping if I-485 filed - Attorneys pls reply

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vinny123

Registered Users (C)
Hi,
My company has filed for I-140/485 /EAD/AP for me and my wife.My wife works for a different company.She needs to get H1B visa stamped when we go to India soon.

In the form DS-156 a question is asked "Has anyone ever filed a immigrant petition on your behalf"?

Should she answer "Yes" or "No" to this question.

Is the I-485 filed on her behalf by my company or on my behalf?

Can we say "No" to this?Will saying "Yes" cause any issues as H1B is a non immigrant visa.

Regards,
Vinny
 
vinny123 said:
Hi,
My company has filed for I-140/485 /EAD/AP for me and my wife.
My wife works for a different company.She needs to get H1B visa stamped when we go to India soon.
---- she can get H1B stamp or should have AP approved in hand before she goes out of US if she wants to use AP
In the form DS-156 a question is asked "Has anyone ever filed a immigrant petition on your behalf"?
------ if any I-140 was filed for your wife then she has to write YES, if no I-140 was filed for your wife and she is Dervative then she has to wtite NO, becase no I-140 was filed for HER, I-140 is the Immigration Petition , I-485 is Petition to Adjust status
Should she answer "Yes" or "No" to this question.

Is the I-485 filed on her behalf by my company or on my behalf?

Can we say "No" to this?Will saying "Yes" cause any issues as H1B is a non immigrant visa.
----- for H1, H4, O1, it does not matter becase all these Visa have DUAL Intent, She need to write the correct answer
Regards,
Vinny
Click to expand...
 
I had answered "yes". The interviewing lady in Chennai Consulate merely asked me if my employer has filed green card for me and my spouse. I said "yes". She issued my H1 without any problems (this was on Jan 5, 2005).
 
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