H1 Stamping beyond 6 years

[Member08]

Dear Friends,
Please find my question below:

Background:
Transferring H1 (beyond 6 yrs) from Company A to Company B based on approved I-140

Situation:
Get H1 Visa stamped

Query:
How should I answer the question regarding whether I have applied for a GC/immigrant visa on the H1 Visa Application form, since my current employer (Company B) has not started the process yet but ofcourse my previous employer (Company A) had initiated the process and I-140 was approved?

Also, an applicant’s intent to be a permanent resident is evident when the GC process is initiated on his/her behalf. Does this pose any hindrance, during the visa interview, in obtaining an H1 visa to work for the new company B? Meaning even though company B has not initiated the process yet but the intent was previously established while working with company A so could this be a problem for issuing the visa?

thanks and regards,

[shervin143]

The question in the visa application clearly asks whether "Any one" has submitted an immigrant petition on your behalf. It doesn't ask whether the current company has filed for GC on your behalf. So you need to answer "Yes" in your application. Any false information may lead to a ban.

People on H1b are allowed to apply for permanant residency (GC). If not, why would USCIS even allow anyone on H1B to file a GC. So I don't think you need to worry about this.

[Member08]

thank you shervin143.

Would you also be kind enough to address my question in the following post:

http://www.immihelp.com/forum/showthread.php?t=73231

thanks much.