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.

 

[Sc3]

Which stage are you in? Unless you file the 3rd stage (I485, which *is* the immigration petition), you should answer this question as NO. (I have forgotten if I140 means immigration petition, but I highly doubt it).

Even if you have 485 filed, and you reply YES, it should not cause any troubles because H1 is a dual intent visa. On the other hand if you have your 485 filed, you can use your AP for re-entry (though it can cause your status to be on EAD rather than H1).

 

[houstonian-tx]

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.

I-140 is the Immigrant petition which is applied by the employer.

Step 1. If your employer applied for Labor Certification with DOL, you will answer NO.

Step 2. If your employer applied for I-140 with USCIS, you will answer YES.

Step 2/3. If YOU applied for I-485 (Adjustment of Status) with USCIS with comes together or after I-140, you will answer YES.