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

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vinay.123.shah

Registered Users (C)
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.
 
H1B is a dual intent visa.......and no matter what happens......the safest option in these matters is to tell the truth........you dont want to get caught in fraud for lying
 
number30 said:
Depends upon What papers you file. If it is I-140 then answer is yes
Click to expand...
Hi,

In my case, I had approved I-140 in Year 2001, but circumstances made me to left the 1st IT company(who had my approved I-140) and joined another 2nd IT company(B). Now I am now with another 3rd IT company and I am in the first stage of GC process i.e. at Labor stage which is pending now.So it's been about more than 5 years of my approved I-140 with 1st company and don't have any detail about this.
Now I am going to get 9th year of H1 B extension very soon based on my pending labor filed by my 3rd IT company. My question is:
How to answer "has anyone filed for an immigrant petition" duing H-1B stamping ?

I am also visiting India after a long time and need to find out an answer for above - would it be "Yes" or "No".
Please reply, your help will be highly appreciated.

Thanx.
 
ishiali said:
Hi,

In my case, I had approved I-140 in Year 2001, but circumstances made me to left the 1st IT company(who had my approved I-140) and joined another 2nd IT company(B). Now I am now with another 3rd IT company and I am in the first stage of GC process i.e. at Labor stage which is pending now.So it's been about more than 5 years of my approved I-140 with 1st company and don't have any detail about this.
------------ the form does not ask details it only ask if immigrant petition is filed. if I-140 was filed your answer has to be YES
Now I am going to get 9th year of H1 B extension very soon based on my pending labor filed by my 3rd IT company. My question is:
How to answer "has anyone filed for an immigrant petition" duing H-1B stamping ?

I am also visiting India after a long time and need to find out an answer for above - would it be "Yes" or "No".
------------------ "YES" becase I-140 was filed for you
Please reply, your help will be highly appreciated.

Thanx.
Click to expand...
 
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