This is a common question on the DS160 form for USA visa stamping.<\/p>\n\n\n\n
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<\/a>.<\/p>\n\n\n\n The answer depends on your situation. We provide you with scenarios here and you can check if this fits your case.<\/p>\n\n\n\n If you are working on an H1B visa in the USA, then your case falls into two different situations:<\/p>\n\n\n\n #1<\/strong>. I-140 or I-130 has been filed<\/strong><\/p>\n\n\n\n It does not matter if this I-140 or I-130 is currently pending, or was withdrawn. <\/p>\n\n\n\n The answer should be YES and then you should provide the i140\/I-130 application receipt number on the DS-160 visa application.<\/p>\n\n\n\n It does not matter if you transferred your H1B to a new employer after the I140 approval through the previous one.<\/p>\n\n\n\n We suggest mentioning the I-140 details as long as it was filed even once in your life by any employer.<\/p>\n\n\n\n Approved I-140 stays valid<\/a> and can be used for multiple H1B extensions even if you leave your employer.<\/p>\n\n\n\n #2.<\/strong> I-140 or I-130 has NOT been filed<\/strong><\/p>\n\n\n\n You can answer ‘NO’ on the DS160 application.<\/p>\n\n\n\n If you ever held an H1B in your life, then check the above rules for H1B visa workers in the USA.<\/p>\n\n\n\n Otherwise, use these rules for yourself:<\/p>\n\n\n\n #1 I-485 or I-130 has been filed<\/strong><\/p>\n\n\n\n If the answer is Yes, then you should answer ‘Yes’ on DS160 and provide the receipt number of the application.<\/p>\n\n\n\n #2 I-485 or I-130 has NOT been filed<\/strong><\/p>\n\n\n\n You can answer ‘NO<\/strong>‘ on the DS160 application.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n Your dependents (i.e. family of EB-5 applicant) should answer ‘YES’ on DS160 only if their I-485 application has been filed.<\/p>\n\n\n\n Note that I526e is only filed for the primary investor and not the dependents.<\/p>\n\n\n\n EB-5 is a queue where you can invest a certain amount in the US<\/a> and become eligible for a green card.<\/p>\n\n\n\n Normally, you can file I485, I765<\/a>, and I131<\/a> all together for primary and dependents if the green card date is current in the USCIS visa bulletin<\/a>.<\/p>\n\n\n\n The immigration petition explanation is simple. You can write these explanations on DS-160 based on your situation.<\/p>\n\n\n\r\n\t\t I-140 was filed<\/strong><\/p>\n\n\n\n Employer-sponsored I-140 application receipt # [IOE123456789]<\/strong><\/p>\n\n<\/div>\r\n\t\t\t \r\n\t\t<\/div>\r\n\t\n\n\r\n\t\t I-130 was filed<\/strong><\/p>\n\n\n\n Family member sponsored I-130 application receipt # [IOE123456789<\/strong>]<\/p>\n\n<\/div>\r\n\t\t\t \r\n\t\t<\/div>\r\n\t\n\n\r\n\t\t I-485 was filed<\/strong><\/p>\n\n\n\n Adjustment of Status was filed on [USCIS Receipt DATE – 1 Jan 2024]. Receipt# [IOE123456789<\/strong>]<\/p>\n\n<\/div>\r\n\t\t\t \r\n\t\t<\/div>\r\n\t\n\n\r\n\t\t DS-260 was filed with the US embassy<\/strong><\/p>\n\n\n\n A green card application was filed on [DS260 application date – 1 Jan 2024]. DS260 ID# [ABCDEFGH]<\/strong><\/p>\n\n<\/div>\r\n\t\t\t \r\n\t\t<\/div>\r\n\t\n\n\n There are some other situations which are confusing for many people. We are presenting some of them to help you fill out DS-160.<\/p>\n\n\n\r\n\t\t Example 1<\/strong><\/p>\n\n\n\nH1B Visa worker in USA<\/h2>\n\n\n\n
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H1B transfer<\/h3>\n\n\n\n
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H4 Dependent<\/h3>\n\n\n\n
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EB-5 Investors<\/h2>\n\n\n\n
Explain on DS-160<\/h2>\n\n\n\n
Scenarios<\/h2>\n\n\n\n