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This is a common question on the DS160 form for USA visa stamping.
Most H1B workers especially Indians have to get visa stamping done multiple times till they get to Green Card due to long green card backlogs.
The answer depends on your situation. We provide you with scenarios here and you can check if this fits your case.
This article will discuss:
H1B Visa worker in USA
If you are working on an H1B visa in the USA, then your case falls into two different situations:
#1. I-140 or I-130 has been filed
- If you or your employer has ever filed an i140 application on your behalf, your answer should be YES on DS160.
- Similarly, if any family member sponsored you for a USA green card application via I-130 application, the answer will be yes.
It does not matter if this I-140 or I-130 is currently pending, or was withdrawn.
The answer should be YES and then you should provide the i140/I-130 application receipt number on the DS-160 visa application.
H1B transfer
It does not matter if you transferred your H1B to a new employer after the I140 approval through the previous one.
We suggest mentioning the I-140 details as long as it was filed even once in your life by any employer.
Approved I-140 stays valid and can be used for multiple H1B extensions even if you leave your employer.
#2. I-140 or I-130 has NOT been filed
You can answer ‘NO’ on the DS160 application.
H4 Dependent
If you ever held an H1B in your life, then check the above rules for H1B visa workers in the USA.
Otherwise, use these rules for yourself:
#1 I-485 or I-130 has been filed
- Did you ever file an I-485 adjustment of status (or green card application) in the USA?
- Or have you ever filed an I-130 family green card application?
If the answer is Yes, then you should answer ‘Yes’ on DS160 and provide the receipt number of the application.
#2 I-485 or I-130 has NOT been filed
You can answer ‘NO‘ on the DS160 application.
EB-5 Investors
The i526 or i526e is considered an immigrant petition. If you have filed one to get the USA green card, you should answer ‘YES’ on the DS 160 form.
Your dependents (i.e. family of EB-5 applicant) should answer ‘YES’ on DS160 only if their I-485 application has been filed.
Note that I526e is only filed for the primary investor and not the dependents.
EB-5 is a queue where you can invest a certain amount in the US and become eligible for a green card.
Normally, you can file I485, I765, and I131 all together for primary and dependents if the green card date is current in the USCIS visa bulletin.
Explain on DS-160
The immigration petition explanation is simple. You can write these explanations on DS-160 based on your situation.
I-140 was filed
Employer-sponsored I-140 application receipt # [IOE123456789]
I-130 was filed
Family member sponsored I-130 application receipt # [IOE123456789]
I-485 was filed
Adjustment of Status was filed on [USCIS Receipt DATE – 1 Jan 2024]. Receipt# [IOE123456789]
DS-260 was filed with the US embassy
A green card application was filed on [DS260 application date – 1 Jan 2024]. DS260 ID# [ABCDEFGH]
Scenarios
There are some other situations which are confusing for many people. We are presenting some of them to help you fill out DS-160.
Example 1
- I am applying for H4 visa stamping via Dropbox.
- Spouse has an I-140 approved.
- I have an expired H4-EAD card.
You can my answer to DS-160 the questions:
- Has anyone ever filed an immigration petition on your behalf with USCIS?
No - Update your US-SSN and US- taxpayer ID number
– You should update your SSN if you have got the SSN after H4 EAD approval. Taxpayer ID (or ITIN) should not be used once you have got your SSN (Social Security Number).
Example 2
I have approved i140 from employer A, I moved to employer B and I am now with employer C.
I am planning to go for stamping and filling the DS160.
What I should answer to the question “Has anyone ever filed an immigrant petition on your behalf with the United States Citizenship and Immigration Services?”
You should answer ‘Yes’ on DS 160 and provide the receipt number of the approved I-140.
Example 3
My previous employer filed my I140 and it was approved.
I then switched to a new employer. My previous employer withdrew my I140 petition when I changed employers. Since it hasn’t been 180 days since the approval, my I140 approval was revoked by USCIS.
Now my new employer has initiated my GC process and currently my PERM is still processing.
In my case, what should I answer for the question ‘Has anyone ever filed an immigrant petition on your behalf with the United States Citizenship and Immigration Service’?
You should answer ‘YES’ and provide details of your previous employer’s approved I-140. It does not matter if it was withdrawn or revoked later.
FAQ
Yes, EB2 NIW (National Interest Waiver) counts as an immigrant petition and you should answer ‘YES’ on the DS-160 application for a visa.
Yes, the i526e investor visa will be considered an immigrant petition. You should answer ‘YES’ on the DS-160.
The dependents of EB-5 investor should answer ‘Yes’ only if their I-485 or DS-260 application has been filed after I-526/i526e approval.
On H1B DS160, you should answer ‘Yes’.
On H4 DS160, you can answer ‘No’.
You can write the previous employer’s I140 receipt number in the explanation section of DS160.
Write this text: “Employer-sponsored I-140 application receipt # [IOE123456789]“
