Jim and others… Urgent help on H1B visa stamping

A

anip

Registered Users (C)
I\'m planning to go to India next week and get my H1 - B visa (Right now my passport holds H4 visa, which is expired). I have a specific question for filling form DS156.

In this form there is a question 31 which says,
Has Anyone Ever Filed An Immigrant Visa Petition On Your Behalf?

Yes or No?

Since I applied for Adjustment of Status as a derivative, what should my response be for this
particular question?

If yes will there be any problems in going for a stamping?

Thanks in advance.
 
No problem...

Can say yes. should not be a problem. Having an advance parole will also will not hurt you ( as a backup if H1 is rejected for some other reason). Moreover if you are on AOS, EAD is a better option than H1 for work authorization..
 
Jaxen, Thanks for your response,,got confused with my lawyers answer

I decided to write “Yes” for that question, but confused with my lawyer\'s answer. She said that I need to say “NO” because I didn’t not apply for I140 (my spouse did) and only applied for AOS. Does this sound good?
 
Lawyer has problem with english...

The question clearly says Has Anyone filed an immigrant petition!! Even your spouse did not file I140, his company did!!
You are fine.
 
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