Question on filing a DS-156 form for revalidation

[PalaniappanRajaram]

Hello all,

I\'m in the process of filing a DS-156 (replacement for OF-156) and would like to know what to answer for the question "Has anyone ever filed an immigrant visa petition on your behalf?". The present scenario is as follows:

The beneficiary in this form has an H-1B visa which is valid till 3/2003 but doesn\'t have a valid visa stamp (the previous one expired in 3/2001). The beneficiary also has an I-485 pending with INS (not as principal applicant but as the spouse of the applicant). So, should the answer be a \'yes\' or \'no\' to the above question? Since the I-140 was only filed for, or has the name of, the principal applicant, I\'m wondering if the answer should be \'no\'?

Any clarification on the above will very much be appreciated.

Thanks

-Palaniappan Rajaram

 

[srk674]

No Title

you should answer the question as "yes" since you are already in the stage three of the immigrant petition. Immigration petition starts from the Labor certification. It doesnt matter whether you are a principle applicant or applied as a dependent to a principle applicant.

 

[feb140]

No Title

I should be "NO" since you are adjusting your status as Derivative of Primary applicant for whom an Immigrant petition (I-140) was approved . Since as per you post No Immigrant petition was Filed for you .