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Non immigrant visa when I-140 filed



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Jul 28, 2006 03:32 AM

Non immigrant visa when I-140 filed

by Mike_RN

When applying for non immigrant visa - question N36 on DS-156 form asks if immigration petition has been filed on applicant's behalf.

My question is: If I-140 has been filed with USCIS by sponsoring hospital and you tick 'yes' on question N36 on DS-156 form does this mean that the application for non immigrant visa will be denyed?


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6 Comments
No. 1
from suzanne4
Old Jul 28, 2006, 05:45 PM

Default Re: Non immigrant visa when I-140 filed
I-140 is for the immigrant visa, for a nurse that is what you are applying for.

And yes, you can only have one application in to immigration, it is illegal to file both, and is grounds for having both immediately denied.

Ince a hospital has filed on your behalf, you cannot do another thing with visa for the US in any form.

If you are from a EU country, and are covered under the visa waiver program, then there is no issue as a visa is not required. But nothing where you actually need a visa stamped in your passport.
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No. 2
from Mike_RN
Old Jul 29, 2006, 05:06 PM

Default Re: Non immigrant visa when I-140 filed
Thanks Suzzane!

I have valid B1/B2 visa till September - can I travel to the USA after I-140 has been filed?
I presume the visa is still valid.
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No. 3
from suzanne4
Old Jul 29, 2006, 06:23 PM

Default Re: Non immigrant visa when I-140 filed
As long as you still have a valid visa, but you cannot apply for one while your petition is under consideration.
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No. 4
from agp_ph
Old Aug 01, 2006, 03:55 AM

Default Re: Non immigrant visa when I-140 filed
Originally Posted by Mike_RN
Thanks Suzzane!

I have valid B1/B2 visa till September - can I travel to the USA after I-140 has been filed?
I presume the visa is still valid.
You still have a valid tourist visa but be aware though that once you are at a port of entry in the US and the immigration officer finds out that you have a pending I-140 petition, you may be denied entry and will be asked to return to your country and wait for your immigrant visa. this is what they call "dual intent". That means you will just be wasting your money(airfare) if you are denied entry.
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No. 5
from suzanne4
Old Aug 01, 2006, 08:38 AM

Default Re: Non immigrant visa when I-140 filed
I have not seen anyone denied, it is done all of the time.
Just one more rumor from Manila. They only time that you are refused entry is if your name shows up because of something else, not because of a pending I-140. Lets get realistic here.
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No. 6
Old Aug 01, 2006, 09:09 AM

Default Re: Non immigrant visa when I-140 filed
I have visited the US twice with a pending I140 and had no problems
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