Concerns on Reapplying for L1- Urgent Please help

[withlovesid]

Hi All,

I have run into a tricky situation. I have a valid L1B visa till 2010 April, with my current organization. I am currently in India. My current organization wants me to reapply for L1 (or extend it) before it gets expires .

However, in 2008, When I was in US, I had applied for H1 from another organization. Even though the petition was selected in the lottery but was eventually rejected after an RFI. In 2009, the same organization had again applied for my H1 and this time the petition has been approved. I haven't stamped it yet (neither I want to do at this moment as I want to continue with my current organization).

While going through the forms (DS-156) for reapplying L1, I came across the sections which asks for prior visa/petition:

Section 30:
Have you even been Issued a visa?
When-
Where-
What Type of Visa -

Section 31:Have your ever been refused a US visa?
When-
Where-
What Type of Visa-

Section 35:
Has your US visa ever been Cancelled or Revoked?

Section 36:
Has anyone ever Filed an immigrant Visa Petition on your behalf?
If Yes, who-

I am not sure if I need to furnish the details of my H1 petition (approved or rejected) in the section mentioned above.I don't want to disclose the information about my H1 to my current organization.

Could you please suggest:
If I need to do furnish the information about my H1 in the above sections?
If So, will it be just about the rejected or approved or both the petition.?

Your valuable advice in this regard is highly appreciated.

[shervin143]

You need to understand the difference between Visa and Petition. Only the prior H1B petitions got rejected and approved in your case. The questions in DS156 and DS157 clearly asks about the visa. So, these sections need to be filled appropriately only if you have prior visa rejections.

[withlovesid]

Thank you shervin143

So what I get from you is that I dont need to mention about my approved/rejected H1 petition (since its only the petition got approved/rejected and not Visa).

However, Can you please confirm about the Section 36 which states:

-Has anyone ever Filed an immigrant Visa Petition on your behalf?
-If Yes, who-

Do i need to treat it the same way or I have to mention it here?

Thanking you again.

[shervin143]

So what I get from you is that I dont need to mention about my approved/rejected H1 petition (since its only the petition got approved/rejected and not Visa).

>>>>> That is correct.

However, Can you please confirm about the Section 36 which states:

-Has anyone ever Filed an immigrant Visa Petition on your behalf?
-If Yes, who-

>>>>> The answer should be NO, unless you have started your Green card processing and your I-140 has been already filed.

[withlovesid]

Thank you shervin143 again

Thanks shervin143. Thanks for your valuable suggestion