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How should I respond to the questions regarding immigrant petition history on the DS-160 form if I have pending EB-5 and EB-2 petitions?

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

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You need to answer yes and disclose both.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You should answer in the affirmative. The disclosure will avoid the appearance of misrepresentation.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    H-1B is a dual intent visa, so you can have an immigrant petition pending.

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    Phuong Le

    Immigration Attorney
    Answered on

    Always 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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    Stephen Berman

    Immigration Attorney
    Answered on

    The answer is yes. The EB-5 is an immigrant visa.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Tell the truth. Say "YES" and explain that you have these cases pending.

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    Daniel P Hanlon

    Immigration Attorney
    Answered on

    You should clearly indicate that YES, TWO immigrant visa petitions have been filed on your behalf and annotate the form accordingly.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    The answer is yes, and then enter LIN receipt # from the I-140.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You 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.

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    Charles Foster

    Immigration Attorney
    Answered on

    You 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.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Yes, you must disclose both the EB-2 and EB-3 petitions. However, because of dual intent, these will not be a legal issue.

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