Answer for "has anyone filed an immigration petition on your behalf with the USCIS?"

[vishnu586]

Hi ,

My labor is approved and my employer is planning to file my I-140 in November and I'm going to H1B Visa in January.

(a) So by that time(my H1B visa date) if I140 is still in pending, then What should I answer for "has anyone filed an immigration petition on your behalf with the USCIS?"

(b) If I submit the DS 160 now(with "NO" as the answer for that since as of now my I140 is not yet approved), and by the time if my I-140 is approved(Before my visa date), then should I resubmit the DS 160 by keeping "yes" to that question.

[jairichi]

Hi ,

My labor is approved and my employer is planning to file my I-140 in November and I'm going to H1B Visa in January.

(a) So by that time(my H1B visa date) if I140 is still in pending, then What should I answer for "has anyone filed an immigration petition on your behalf with the USCIS?"

(b) If I submit the DS 160 now(with "NO" as the answer for that since as of now my I140 is not yet approved), and by the time if my I-140 is approved(Before my visa date), then should I resubmit the DS 160 by keeping "yes" to that question.

If I140 is filed then you have to answer YES.

[pontevecchio]

H1 is dual intent. If an I-140 is on file you answer YES.

[JoeF]

If an I-140 is FILED (approved or not doesn't matter), you have to answer yes to that question.

[vishnu586]

Thanks all