Has Anyone Filed an Immigrant Petition Ds160

The DS-160 asks: “Has anyone ever filed an immigrant petition on your behalf with the United States Citizenship and Immigration Services?”

That question is about your immigration filing history. It isn't asking only about the visa you want today. You may be applying for an H-1B visa, for example, and still need to think about an earlier employer-sponsored green-card case, family petition, EB-2 filing, or EB-5 filing.

The safest way to answer is to build a short record of every filing made for you. Don't guess based only on your current visa category. The search results about this question include different situations, such as an I-140 still in process, an employer-filed green-card case, and pending EB-2 or EB-5 petitions. They don't provide one official yes-or-no rule for every possible case.

What the DS-160 immigrant-petition question is asking

The key parts of the question are:

• “Has anyone ever filed” — this points to past and current filings, not only approved cases.
• “An immigrant petition” — this is different from every immigration form or visa application.
• “On your behalf” — someone else may have filed it for you, such as an employer or family member.
• “With the United States Citizenship and Immigration Services” — the question focuses on a filing with USCIS.

So the question is not simply asking:

• Have you ever had an H-1B?
• Have you ever extended your stay?
• Have you ever applied for a visa?
• Do you currently plan to get a green card?

It is asking whether an immigrant petition was filed for you with USCIS at some point.

One search result describes an applicant who had no immigrant petition filed when completing the DS-160. That discussion says the applicant would answer no. But that example does not settle every other situation, especially cases involving pending petitions or several stages of an employer-sponsored green-card process.

The difference between an immigrant petition and other immigration filings

Immigration paperwork can look like one long process, even though different forms serve different purposes. That is why checking the actual form number matters.

An immigrant petition is generally a filing that asks USCIS to recognize a person’s basis for immigrating to the United States. An employer or family member may file it, depending on the category.

Other filings may deal with temporary work, a change of status, or a step that comes before the petition. Those filings should not automatically be treated as immigrant petitions.

Here is a practical first pass:

This table is a checklist, not a substitute for reviewing your documents. The same person may have several filings with different purposes.

How an I-140, I-130, EB-2, or EB-5 filing may affect the answer

I-140 immigrant petition DS-160 question

An I-140 is commonly associated with an employer-sponsored immigrant case. That is why questions about an I-140 immigrant petition DS-160 answer come up so often.

The search material includes an example where an employer-filed green-card process had already reached the labor-approval stage, while the I-140 was still being processed. It also includes questions about whether an I-140 in process should be considered when completing the DS-160.

Those examples show why “approved or denied” may not be the only fact that matters. You should find out:

• Was an I-140 actually filed with USCIS?
• Who filed it?
• What was its current status when you completed the DS-160?
• Was it withdrawn, denied, approved, or still pending?
• Do you have a receipt notice or other USCIS record?

The available research does not give a single official answer for every pending, withdrawn, denied, or approved I-140. If your answer depends on one of those details, don't rely on a forum response alone.

I-130, EB-2, and EB-5 cases

An I-130 is connected with a family-based immigrant case. If a relative filed one for you, that belongs on your filing-history checklist. The search material, however, does not lay out every possible I-130 situation or explain how every consular post wants a particular case described on the DS-160.

The same caution applies to an EB-2 or EB-5 case. The search results specifically mention applicants with pending EB-2 and EB-5 petitions. A pending case should not be silently left out simply because it has not reached approval.

For an EB-2 or EB-5 matter, collect the form and notices connected to the case. Then check whether the filing was made for you with USCIS and what happened to it. If the record is unclear, ask a qualified immigration professional to review the exact documents before you submit the DS-160.

Where PERM, H-1B, and I-539 fit into the question

A PERM case can make this question confusing. PERM is part of some employer-sponsored green-card processes, but it is not the same document as an I-140. In the example raised by the search results, labor had been approved while the I-140 was still in process.

That means you should record both stages separately:

1. The employer's labor-certification or PERM history.
2. Any immigrant petition later filed with USCIS, such as an I-140.

The available material does not support saying that every PERM case automatically produces the same DS-160 answer. Check whether an immigrant petition was actually filed.

An H1B immigrant petition is another phrase that can cause trouble. H-1B is generally discussed as a temporary work category, while an I-140 is tied to an employment-based immigrant case. Your H-1B approval or H-1B visa history alone does not answer the DS-160 question.

An I-539 is used for certain changes or extensions involving nonimmigrant status. It also should not be treated as an immigrant petition just because it appears in your immigration file. Look for a separate immigrant filing made for you.

How to review your own USCIS and employer filing history

Use a simple filing-history checklist before answering:

• Search your email and paper files for USCIS receipt notices.
• Look for form numbers, especially I-130 and I-140.
• Ask your employer or immigration lawyer for copies of any employment-based filings.
• Check whether a PERM case led to an I-140 filing.
• Write down the filing date and current status of each petition.
• Include filings that are pending, withdrawn, denied, or approved.
• Separate temporary-status filings, such as H-1B or I-539, from immigrant petitions.
• Compare your notes with the DS-160 wording before you submit it.

If an employer handled your case, you may not have every document at home. Ask for the petition receipt or a copy of the filing. Be clear that you are asking about an immigrant petition filed on your behalf, not just any immigration paperwork.

Keep the records with your DS-160 confirmation and visa documents. You may need to explain the history if a consular officer asks about it.

What to do if you answered incorrectly or need a new DS-160

If you already submitted the DS-160 and later realize that your answer may be wrong, don't assume the issue will fix itself at the interview.

One option discussed in the search results is completing a new DS-160 and asking the dropbox location to attach the new form. The same discussion warns that this may or may not be accepted. Procedures can depend on the post and the stage of your application.

Before replacing the form, check the instructions for the U.S. embassy or consulate handling your case. Ask how it wants you to report the new confirmation number or correct the answer.

Have these details ready:

• The old DS-160 confirmation number.
• The new DS-160 confirmation number.
• Your appointment or document-submission information.
• A short explanation of what was corrected.
• Any USCIS notice that helps explain the petition history.

Don't submit several conflicting forms without knowing which one the post will use. If the correction involves a pending I-140, EB-2, EB-5 case, or employer green-card filing, professional advice can help you describe the facts accurately.

How a previous immigrant petition can relate to an H-1B visa application

Applying for an H-1B visa does not erase an earlier immigrant-petition history. An applicant can be seeking temporary work authorization now while an employer-sponsored green-card case was filed earlier.

That is why the current visa category is only one part of the checklist. Review the older case separately:

• Was an I-140 filed?
• Was the filing connected to your current employer or a former employer?
• Was there only a PERM step, or did the employer also file the petition?
• Is an EB-2 or EB-5 matter pending?
• Did a family member file an I-130?

Answer the DS-160 based on the filing record, not on whether you currently expect to immigrate. The research available for this question does not support a blanket answer for every H-1B applicant with an old or pending case.

Questions to raise with a qualified immigration professional

Get case-specific help if you are unsure about any of these points:

• Does my pending or past I-140 count for this question?
• Did my employer file only PERM, or was an immigrant petition filed too?
• How should I describe an EB-2 or EB-5 petition that is still pending?
• What should I do with a withdrawn, denied, or approved petition?
• Does an earlier I-130 affect my answer?
• Do I need a new DS-160, and how should I submit it?
• Which filing records should I bring to the interview?

The available search results offer useful examples, but they are forum-style discussions rather than a single official rule covering every filing type. If your history is complicated or disputed, verify your USCIS records and speak with a qualified immigration professional before submitting the DS-160.