Is Labor Certification Application for GC counted as Immigration Visa Petition

rp1975

Registered Users (C)
Question #36 of Form: DS-156 is "Has Anyone Ever Filed an Immigrant Visa Petiton on Your Behalf ?" My employer has filed my labor certification. It will be until mid 2005 that I expect it to be approved. Should I answer yes/no for this question. I am going to India in Nov 2004 and need to get my H1B Stamped.

Any comments or help is appreciated.
 
rp1975 said:
Question #36 of Form: DS-156 is "Has Anyone Ever Filed an Immigrant Visa Petiton on Your Behalf ?" My employer has filed my labor certification. It will be until mid 2005 that I expect it to be approved. Should I answer yes/no for this question. I am going to India in Nov 2004 and need to get my H1B Stamped.

Any comments or help is appreciated.
No -- if you are the primary GC applicant, answer YES only if 140 has been filed.

Your dependent would answer YES after 485 gets filed.

Just having labor filed/approved does not count as an immigrant visa petition -- so you would answer NO
 
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