I539 question for 7th year extension


arunbn

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I am concurrently filing I539 for my wife and kid along with my i129 for 7th year extension based on AC21 . My I140 was approved in July 2011. My question is in the I539 there is a question, Has immigration petition/visa ever been filed for the spouse. Should I answer Yes or No, because technically the I140 was applied for me not for my spouse/kid. I read somewhere that answering Yes could cause the petition to be denied?

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You are correct, the I-140 is the immigration petition filed by your employer on your behalf. It is not an immigration petition for your spouse or child. As long as no immigration petition/visa has been filed directly for them/by them would the answer be "no." This should not cause any denial if it is the correct answer.

Please consult directly with an experienced immigration attorney to further discuss what is an immigration petition/visa and the I-539 application to ensure that it is being completed accurately.

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