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  • Has anyone ever filed an I-130 or I-140 Immigrant Petition on your behalf?

Earlier some other companies applied for a H1B for me. But it was never picked in the lottery.

While those companies applied for H1B for me, should they have also filed I-130 or I-140?

3 Answers 3

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An I-130 is a petition for an alien relative. That's a family-based visa and inappropriate for someone you plan to hire.

An I-140 is a petition for an alien worker who has extraordinary ability or has skills that are not available in the USA. It is filed in connection with the EB-1, -2, and -3 visas. I believe, based on a colleague's experience, that it takes more paperwork and crafting of the petition to succeed with an EB-x visa.

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H1b is a nonimmigrant visa and has nothing to do with immigrant petitions. If nobody has petitioned you to immigrate, the answer is No.

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@user102008 I can't comment due to reputation, but H1B is actually not just a nonimmigrant visa. It's a dual-intent visa. Registering for H1B and getting not picked doesn't affect your immigration petition status. You only actually file an H1B application if selected. Registering is just to be included in the lottery and if you are not picked there is no change or effect in your immigration process.

Nonimmigrants in H-1B or L-1 status can be the beneficiary of an immigrant visa petition, apply for adjustment of status, or take other steps toward Lawful Permanent Resident status without affecting their status. This is known as "dual intent" and has been recognized in immigration law since passage of the Immigration Act of 1990.

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