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
Find an EB-5 Visa Lawyer: Immigration AttorneyYou should answer in the affirmative. The disclosure will avoid the appearance of misrepresentation.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyYou need to answer yes and disclose both.
Salvatore Picataggio
Find an EB-5 Visa Lawyer: Immigration AttorneyH-1B is a dual intent visa, so you can have an immigrant petition pending.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyYes, 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
Find an EB-5 Visa Lawyer: Immigration AttorneyYou 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
Find an EB-5 Visa Lawyer: Immigration AttorneyYou 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
Find an EB-5 Visa Lawyer: Immigration AttorneyThe answer is yes, and then enter LIN receipt # from the I-140.
Daniel P Hanlon
Find an EB-5 Visa Lawyer: Immigration AttorneyYou should clearly indicate that YES, TWO immigrant visa petitions have been filed on your behalf and annotate the form accordingly.
Dale Schwartz
Find an EB-5 Visa Lawyer: Immigration AttorneyTell the truth. Say "YES" and explain that you have these cases pending.
Phuong Le
Find an EB-5 Visa Lawyer: Immigration AttorneyAlways 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.
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyThe answer is yes. The EB-5 is an immigrant visa.
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