another Bob wrote on 04/16/08 12:25:
> In article
> <225391f0-c824-4f1f-82cc-b653f80d39e3@u12g2000prd.googlegroups.com>,
> wrote:
>> Q 36. Has anyone ever filed an immigrant visa petition on your behalf?
>>
>> My former employer did try to file for labor certification when I was
>> approaching the end 6 years limit when I was under H1 status. It is
>> to the best of my knowledge that labor certification was never
>> obtained or approved and as such no ACTUAL paper work was filed to
>> apply for Immigrant Visa to the INS (now USCIS).
>>
>> Should I answer Yes or NO for Q 36?
> I am not sure when you did that. Currently an approved labor
> certification needs to be signed by the employee or employees
> representative, so if you didn't sign it, it is unlikely to have been
> filed. If the employer didn't file an I-140 with the USCIS, I would
> interpret it as No.
Yup. The I-140 is an immigrant petition (as is the I-130.) An LC is not an
immigrant petition, so, if no I-140 was filed, the answer should be no.
>> Q 37. Are any of the following persons in the US, or Do they have US
>> Legal Permanent residence or US Citizenship? Mark Yes or NO and
>> indicate that person's status in the US (ie, US legal permanent
>> resident, US citizen, visiting, studying, working, etc).
>>
>> I do have a child who was born in the States but he is NOT living in
>> USA.
>>
>> Do i answer NO and choose Son, and provide US Citizen for that
>> question?
> The question is specifically for relatives living in the US. If the
> child is not there, the answer is no.
It asks if relatives are in the US or have a PR or US citizenship. The child has
US citizenship, so the answer should be yes. Attach an explanation (e.g., child,
born in the US.)
-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney. |