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.

 

[Narend]

It wins!

Hello,
The truth always wins. You are not trying to do anything wrong. Honestly, you have done great in your studies and now ready to offer your knowledge.
So Just do feel what your heart correctly says. And I never saw anybody loose anything when they are confident.

I believe the officer will not be a looser and will give you the visa, so you can offfer all that you got in the US university to the land.

Cheers,
Naren.