I-130 Pending, DS-160 help for H1B/H4 Visa Stamping in India


Srimannarayana

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Hi Team,

I am planning to visit India for a H1B Visa stamping (Eligible for Dropbox) in February, 2019. In this regard, having my I-130 petition in processing status,  please help us understand what response should be provided for the below question in DS-160 application for myself and for my wife H4 (Dependent). 
 
1) Please let us know if I-130 petition in "processing status" with USCIS is considered as an "Immigrant" petition or Not? Because the the Form I-130 as per the USCIS website is read as : I-130, Petition for Alien Relative
Q) Has anyone ever filed an immigrant Petition on your behalf with USCIS? Yes/No ?
 
2) Should we mention at all about this I-130 which is process status with USCIS, in filling the DS-160 application for H1/H4 Visa stamping ?
 
Thank You
Regards
Srimannarayana
 
 

 

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18 hours ago, Srimannarayana said:

Hi Team,

I am planning to visit India for a H1B Visa stamping (Eligible for Dropbox) in February, 2019. In this regard, having my I-130 petition in processing status,  please help us understand what response should be provided for the below question in DS-160 application for myself and for my wife H4 (Dependent). 
 
1) Please let us know if I-130 petition in "processing status" with USCIS is considered as an "Immigrant" petition or Not? Because the the Form I-130 as per the USCIS website is read as : I-130, Petition for Alien Relative
Q) Has anyone ever filed an immigrant Petition on your behalf with USCIS? Yes/No ?
 
2) Should we mention at all about this I-130 which is process status with USCIS, in filling the DS-160 application for H1/H4 Visa stamping ?
 
Thank You
Regards
Srimannarayana
 
 

 

1. i-130 is a immigration petition. As soon as USCIS issues you a petition receipt# for I-130 , your answer would be be a Yes on DS160.

2. Why would you not? You would have to answer the question with a Yes. 

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On 1/22/2019 at 3:49 PM, xTDx said:

1. i-130 is a immigration petition. As soon as USCIS issues you a petition receipt# for I-130 , your answer would be be a Yes on DS160.

2. Why would you not? You would have to answer the question with a Yes. 

Thank You I would Answer Yes . I was skeptical for my wife who is on H4 visa. I think the answer would be No for her as she is dependent on me.

 

Thank You

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8 hours ago, xTDx said:

has an immigration petition been filed for your wife, by an employer or anyone else including you?  answer on ds160 accordingly.

No I haven't filed any immigration for my wife. My sister(US citzen) have filled I-130 for me, in which my wife details are provided as dependent in my I-130 application. There is no separate application for my wife from any once. Hence, answered it as NO for my wife.

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