Visa-revalidation form DS-156 Qn.36

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linuxrox

Registered Users (C)
I am in U.S now.I got my new H1B approval in march last week. My old visa expires on june 15th 2003. I intend to apply for visa re-validation in this week(april 21-25).

On DS-156, question 36 asks:
36. Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf? Yes No

My employer filed for my I-140 in february. What should I answer for the question 36. Should it be No. I am being told that, I should answer yes only if 485 is filed. Help greatly appreciated.

Thanks
Rox
 
I-140 is the Immigration Visa Petition, and correct answer is YES
You are working on H1B and H1B, H4, L1, O1 Visa have dual intent, it will not harm you, you are allowed to have Nonimmigrant and Immigrant intent at the same time.

you have also to submit DS-157 if you are male and new style photo (2 inch by2 inch) looking direct in to camera
you should not send your passport for Visa revalidation if your Visa has more than 60 days left on your current Visa stamp, check the date and then send.
.it will take around minimum 80-90 days to receive your Passport back
 
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I was reading in some of the posts that it is sufficient to send a copy of the I-797. What I did was, i sent the original of the form I-797 (the full form, i did not tear off the I-94 part) along with my valid previous I-94. Will they send me back my original I-797 ??

did anyone do like above and get back original 797 along with the stamped visa?

reponse appreciated.

Rox
 
Originally posted by linuxrox
I was reading in some of the posts that it is sufficient to send a copy of the I-797. What I did was, i sent the original of the form I-797 (the full form, i did not tear off the I-94 part) along with my valid previous I-94. Will they send me back my original I-797 ??

did anyone do like above and get back original 797 along with the stamped visa?

reponse appreciated.

Rox
Click to expand...

I had sent the original I-797 (with the I-94 part intact) for visa revalidation. It was in Oct 2000 though. I sent passports for me, my wife and my son. I received passports with visas and the I-797's.
Incidentally the state dept screwed up my son's visa and stamped a validity until May 2001 whereas me and my wife ( also H1 and H4 approvals) were until May 2003. I then sent back the passport with letter explaining the error. I did not have to pay any additional fee and got a new visa stamp in 1 week.
 
similar question

Hi,

I was just reading your postings. I have a similar situation, but I am now in the Labor Certification stage. Do I have to answer YES for #36 on DS-156? My understanding is only when my employer submits I-140 means someone has applied for PR on my behalf. Am I right?

Thanks,
JS
 
More questions on DS-156

Hi,

Thank you Ginnu for replying my last post.

Now I have a few more items to ask about the DS-156. How to answer:

#22. when do you intend to arrive in the US? (provide specific date if known)
-- Should I put the date I would be re-entering US after I obtain the visa stamp?

#25 name and telephone number of person in US who you will be staying with or visiting for tourism or business?
-- Should I put my spouse's name and phone or my company HR contact person's name?

#26 how long do you intend to stay in the US?
-- the expiring date of my H1B status showing on I-797 or say currently in US?

#28 who will pay for your trip?
-- myself or my employer? I think the logic is if the purpose of my trip is to work, then the employer should pay for the trip.

Thank you,

JS
 
I hope you are IN US and want to send your passport for Visa Revalidation

#22. when do you intend to arrive in the US? (Provide specific date if known)
-- Should I put the date I would be re-entering US after I obtain the visa stamp?
*** Write that you are In US
#25 name and telephone number of person in US who you will be staying with or visiting for tourism or business?
-- Should I put my spouse's name and phone or my company HR contact person's name?
*** I have my rental or own apartment and Ph # isXXXXX
#26 how long do you intend to stay in the US?
-- the expiring date of my H1B status showing on I-797 or say currently in US?
*** write the expiry date of H1 status
#28 who will pay for your trip?
-- myself or my employer? I think the logic is if the purpose of my trip is to work, then the employer should pay for the trip.
*** I am in US
if you any have confusion to any questions, write Please see the attached sheet and write your explanation on the sheet with question # and your answer to it. Please Sign that Sheet and attach the Cover letter that Please read the attached Sheet.

If I have missed anything others will correct it.
 
Thank you ginnu for your kindly reply.

I probably didn't make myself very clear. Yes, I am now in US, but I am going to Canada to get an H1-B stamp (not revalidation) very soon. In this case, how do I answer #22?

Thanks,
JS
 
"I probably didn't make myself very clear. Yes, I am now in US, but I am going to Canada to get an H1-B stamp (not revalidation) very soon. In this case, how do I answer #22? "

You have to get appointment for H1 stamp in Canada if got appointment the US consulate in Canada they know that you are working in US.
#22 write the next day date when you apply for your H1B in Canada or the date when you wish to return back to US it does not matter what date you write but it should be after the date of Visa stamp and it will not matter if you come back to US the same day when you get your Visa stamped.
#28 who will pay for your trip?
Self
 
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