H4 Visa, declaring Spouse's I-140 status in DS156 form

K

krajeD1U

Registered Users (C)
Has anyone experienced this situation before. My wife is attending an interview at chennai consulate to obtain H4 visa stamp. Currently I have filed my I-140 and waiting for approval. Does my wife have to state that in her DS-156 form.

Thnx.
 
mentioning 140

Hi,
Mentioning your 140 case may not be necessary as 140 is for the employer. She may need to mention that in DS156 if and only if she has her 485 going on. But in this case clearly that is not the case so you should be OK. But please do check with your company attorney about this too.
Cheers !!
S
 
similar, but 485 pending

Hi, My case is similar, but i have my 485 pending. Does she have to mention that. I am currently working in H1, but my green card's I-485 is pending fro my previous employer. My 140 is already approved a year back. It was a concurrent filing.

Please advice.
 
kshathrya said:
Hi, My case is similar, but i have my 485 pending. Does she have to mention that. I am currently working in H1, but my green card's I-485 is pending fro my previous employer. My 140 is already approved a year back. It was a concurrent filing.

Please advice.
Click to expand...
DS156 immigration petition questions are for the person mentioned only.
Your having a pending 485 means nothing as the spouse needs their own 485 to get to LPR status.

If the spouse is not the primary in the GC process, say "yes" only if his/her 485 has been filed.
If they are the primary applicant, say "yes" when 140 gets filed.

And btw, since H is a dual intent visa, there is absolutely no harm done by filing for an immigrant petition.
Plus, you need to tell the truth in those forms anyway !
 
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