Questions on DS-160

[scorpian69]

Hi,

I am currently in India. I was in USA for last 3+ yrs on L1B Visa. My employer AAA tried to extend my visa from L1B to L1A but it got denied so I had to return to India.

I applied for H1B in current year cycle through different employer XYZ. I got my petition approved finally last week. I am working on my DS-160 for Visa interview and not sure about below questions.

1. Has your U.S. Visa ever been cancelled or revoked? - Should I answer Yes or No since my L1B to L1A extension of stay/change of status was denied.
2. Information about Present Employer - Should this be my current Indian AAA or my petitioner employer XYZ.
3. I have US born baby. Since he is US citizen, he doesn't need visa. Do I need to show him as companion under Travel details. I have already shown my wife over there.
4. On the last section of Temporary Work Visa information, there is a question on Name of the Person/Company who filed petition. I have put my petitioner name over there. Below that, there is a question on Name of the Employer along with Address where I'd be working. I put my client address over there since its mentioned in my H1B petition. What should go in Name of the Employer ? Client name or my Employer name ?

Thanks

[raghvi]

Hi,

I am currently in India. I was in USA for last 3+ yrs on L1B Visa. My employer AAA tried to extend my visa from L1B to L1A but it got denied so I had to return to India.

I applied for H1B in current year cycle through different employer XYZ. I got my petition approved finally last week. I am working on my DS-160 for Visa interview and not sure about below questions.

1. Has your U.S. Visa ever been cancelled or revoked? - Should I answer Yes or No since my L1B to L1A extension of stay/change of status was denied.
2. Information about Present Employer - Should this be my current Indian AAA or my petitioner employer XYZ.
3. I have US born baby. Since he is US citizen, he doesn't need visa. Do I need to show him as companion under Travel details. I have already shown my wife over there.
4. On the last section of Temporary Work Visa information, there is a question on Name of the Person/Company who filed petition. I have put my petitioner name over there. Below that, there is a question on Name of the Employer along with Address where I'd be working. I put my client address over there since its mentioned in my H1B petition. What should go in Name of the Employer ? Client name or my Employer name ?

Thanks

1. Answer is no.
2. Current employer AAA.
3. Yes.
4. Employer name as they are the ones paying your salary.

Did you overstay your L1B I-94 while doing a L1B to L1A? If yes, there is another section in DS-160 where you have to declare if you overstayed your authorized duration. Also, you should note that the time spent in L1 status would be deducted from the 6 Years limit allowed for L1+H1.

This is my opinion not legal advice.

[scorpian69]

1. Answer is no.
2. Current employer AAA.
3. Yes.
4. Employer name as they are the ones paying your salary.

Did you overstay your L1B I-94 while doing a L1B to L1A? If yes, there is another section in DS-160 where you have to declare if you overstayed your authorized duration. Also, you should note that the time spent in L1 status would be deducted from the 6 Years limit allowed for L1+H1.

This is my opinion not legal advice.

Regarding Question 4 of Employer Name, my work address is of client (say KLM) so it doesn't match with my employer/petitioner (XYZ). One of my friend put something like XYZ care of KLM. Does that sound good or should I put simply XYZ ?

Good point regarding Overstay. Can declaration of that overstay cause any harm? I believe that overstay was legal as my L1B to L1A in progress? Do I need to carry any documents during Visa Interview to justify that in case question arise?

Thanks for your help.