I have an EB-5 and an EB-2 case that are both currently pending. I am working in the U.S. with an H-1b visa and will soon go back to India to renew it. In the DS-160 form, what should I say about the question “Has anyone ever filed an immigrant petition on your behalf with the United States Citizenship and Immigration Services?”
Answers
A Olusanjo Omoniyi
Immigration attorneysYou should answer in the affirmative. The disclosure will avoid the appearance of misrepresentation.
Salvatore Picataggio
Immigration attorneysH-1B is a dual intent visa, so you can have an immigrant petition pending.
Bernard P Wolfsdorf
Immigration attorneysYes, you must disclose both the EB-2 and EB-3 petitions. However, because of dual intent, these will not be a legal issue.
Charles Foster
Immigration attorneysYou must answer all questions truthfully. So you should state that you have filed the EB-5 petition and your employer has filed the EB-2 petition.
BoBi Ahn
Immigration attorneysYou should answer yes. For H-1B purposes. having filed an immigrant petition or having immigration will not affect your ability to obtain H-1B visas since it is a dual intent visa.
Belma Demirovic Chinchoy
Immigration attorneysThe answer is yes, and then enter LIN receipt # from the I-140.
Daniel P Hanlon
Immigration attorneysYou should clearly indicate that YES, TWO immigrant visa petitions have been filed on your behalf and annotate the form accordingly.
Dale Schwartz
Immigration attorneysTell the truth. Say "YES" and explain that you have these cases pending.
Phuong Le
Immigration attorneysAlways have to answer truthfully. They will know anyways once they check your filing history. Your attorneys should have already advised you here, so check with them.
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