发信人: eggnuts (eggnuts), 信区: I485
标 题: Help with DS-156 for H4 visa
发信站: BBS 未名空间站 (Sun Sep 16 19:11:15 2007)
Anybody know how to answer question #36 on DS-156:
Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf? Yes or No,
If yes, who?
Here is my case. My husband filed employment-based green card process. LC
got approved, I-140 still pending, I-485 got filed in July and we both got
receipt already as well as for EAD and AP. But who knows when I can get AP.
I decide to go back to China for a short trip and apply for a H4 visa in
beijing.It should be no problem because H visa can have dual intent.
I got different answers to the question above from different attorneys and
really got confused. Some think that it is my husband who filed I-140 and I
did not join the process until I-485, so the answer is No. The others said
as long as the I485 is filed the answer should be Yes.
I checked on the internet. The "Immigrant visa petition" only refers to I-
140 petition. So H4 should put No to the questioin.
Anybody know how it works here and have same experience? thanks a lot!
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