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Hi,

I have been working in the USA since SEPT 2015 on H1B visa. I changed the jobs in AUG 2016. My VISA expired in MAR 2017. However, I have an I797 valid till AUG 2019. I have a travel plan to India in AUG 2018 and returning in SEPT 2018. My wife(on H4)'s brother is going to apply family based GreenCard (I-130) for her very soon.

With this background, I have a couple of questions...

1. What should I answer for the question "Has anyone ever filed an immigrant petition on your behalf with the United States Citizenship and Immigration Services?" in DS-160 form? Can I answer 'No' as I-130 is not yet applied? But, what if my brother-in-law applies for I-130 after I submit the DS-160 with 'No' for the question, but before I appear for the visa interview?; then it would be like, at the time I appear (along with my wife) for the visa interview in AUG 2018, I-130 would be in applied status, so should I have to explicitly mention about the I-130 to the counselor since it wouldn't be mentioned there in DS-160 form? Or should I ask my brother-in-law to hold on applying for I-130 until I return to the USA in SEPT 2018? I personally do not want to make any further delay in I-130 application. Please suggest.

2. Is it OK to give my supervisor's name, her office desk number and the office address for the question "U.S. Point of Contact Information"? Or it has to be someone's home address?

quick response is much appreciated as I have to book the visa appointment as soon as possible.
asked in H1B Visa by (120 points)

1 Answer

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For #1 - The answer has to be true and correct on the date of DS160 form completion - in your case it will be a "no". If this changes afterwards, AND if asked specifically by Visa officer, then you can answer truthfully.

For#2 - A supervisor can be a point of contact
answered ago by (71.1k points)
Thank you sshankar. I too thought the same but wasn't quite sure about it and hence didn't want to take chances with my visa interview, so decided to delay my I130 till I return from India. However, you made me rethink about my decision by supporting my initial thoughts :-)



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