How to answer "has anyone filed for an immigrant petition" duing H-1B stamping ?

[vinay.123.shah]

Hi,

My name is Vinay Shah. I am a citizen of India. I just finished my PhD from top US University, and joined job in a top software company in the US. I am currently on OPT (Optional Practical Training) status. My company applied for my H-1B petition, and I got the H-1 approval notice. I also filed papers for my green card processing very shortly. Now, I need to go to India towards the end of the year. So, I will have to get my H-1B stamped in India. (I already have a visa appointment).

When I apply for H-1B stamping in India, they ask me to fill out a form DS-156, which has the following question: "Has anyone filed for an immigrant petition on your behalf ?". My question is how I should fill out the answer for this.

-- I understand that the correct answer is "yes" (since I have already applied for green card). But I have a feeling that if I say "yes", the visa officer in India will reject my application for H-1B visa... saying that "this is conflict of interest". H-1B is a non-immigrant visa, and is given only if you do not intend to stay in the US for ever.

-- If I answer "no" to the above question, can the visa officer come to know that I am telling lie ?

Thanks, Vinay.

 

[ginnu]

Hi,

My name is Vinay Shah. I am a citizen of India. I just finished my PhD from top US University, and joined job in a top software company in the US. I am currently on OPT (Optional Practical Training) status. My company applied for my H-1B petition, and I got the H-1 approval notice. I also filed papers for my green card processing very shortly. Now, I need to go to India towards the end of the year. So, I will have to get my H-1B stamped in India. (I already have a visa appointment).

When I apply for H-1B stamping in India, they ask me to fill out a form DS-156, which has the following question:
"Has anyone filed for an immigrant petition on your behalf ?". My question is how I should fill out the answer for this.
************** I-140 is the immigration petition if your employer has filed I-140 for you then you need to write"YES"
-- I understand that the correct answer is "yes" (since I have already applied for green card). But I have a feeling that if I say "yes", the visa officer in India will reject my application for H-1B visa... saying that "this is conflict of interest". H-1B is a non-immigrant visa, and is given only if you do not intend to stay in the US for ever.
------------------- H1 has DUAL Intent
*** dont lie on forms

Thanks, Vinay.

 

[jabberwock]

You have to answer yes because *your employer* has filled a petition for you. H1B is a dual-intent visa, so it's fine that you're applying for a green card.

Also, don't spam the forums!!! Why post that question to *every single* H1-related subforum!?!?