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Questions and Answers > EB-5 Direct Investments

How should EB-5 applicants answer questions about immigration petition filing on the DS-160 form for their H1b visa stamping?

I am filing my DS-160 form for my h1b visa stamping and have an EB-5 I-526 petition pending for approval. How do I answer questions about immigration petition filing on the DS-160 form?

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Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    H1B is "dual intent" allowing an immigrant petition to continue or be filed and not affect the H1B. So telling them the I-526 receipt info should be acceptable.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    The answer would be in the affirmative, as you have a pending immigrant visa application.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Answer truthfully - I-526 pending. H-1B is a dual intent status so won''t hurt you.

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    Phuong Le

    Immigration Attorney
    Answered on

    Truthfully. They know everything about you already.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Truthfully disclose the date, service center and type of petition such as I-526 filed September 3, 2021 at the IPO.