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  • Doubt about Form DS 160

    Hi,

    My H1B transfer petition was approved on August 17th and now I am waiting to receive I797 approval notice and copy of my petition from my office in US. Meanwhile I started filling form DS 160 and ran into some doubts.

    1. My offer letter states that I will be working out of city X
    2. My wife who is also on H1B is based in city Y and I have provided these details on form 160

    My employer and I have discussed that I will be moving to city Y and work out of city Y but this does not reflect anywhere on my petition.

    I am pretty sure the VO will notice that my wife is based in Y and I am applying for a visa for a job in city X.

    Form 160 asks me what will be my primary work address and living address. What should I fill in? I am bit confused and thought of 2 options:
    A. Fill city X as work place and some hotel as living address(since it is temporary) - This satisfies whats claimed in the offer letter and LCA
    B. Fill city Y as work place and my spouse address as living address - accompany this with a letter from my US employer stating that I am being recruited for a job in city X but will be transferd to city Y.

    Kindly give your advice,
    AA

    ps:substitute X and Y for the cities of your choice
    ------------------------
    I reply with my experience and not from any legal perspective.

  • #2
    Originally posted by speedracer View Post
    Hi,

    My H1B transfer petition was approved on August 17th and now I am waiting to receive I797 approval notice and copy of my petition from my office in US. Meanwhile I started filling form DS 160 and ran into some doubts.

    1. My offer letter states that I will be working out of city X
    2. My wife who is also on H1B is based in city Y and I have provided these details on form 160

    My employer and I have discussed that I will be moving to city Y and work out of city Y but this does not reflect anywhere on my petition.

    I am pretty sure the VO will notice that my wife is based in Y and I am applying for a visa for a job in city X.

    Form 160 asks me what will be my primary work address and living address. What should I fill in? I am bit confused and thought of 2 options:
    A. Fill city X as work place and some hotel as living address(since it is temporary) - This satisfies whats claimed in the offer letter and LCA
    B. Fill city Y as work place and my spouse address as living address - accompany this with a letter from my US employer stating that I am being recruited for a job in city X but will be transferd to city Y.

    Kindly give your advice,
    AA

    ps:substitute X and Y for the cities of your choice
    Most of the times, where you stay and where you work are in the same city. My suggestion will be to fill in your details of city X as your primary living and work address. When you later on move to city Y, all you will have to do is get an LCA for a city Y and update the USCIS of your address change. At this point, I dont think any VO would be 'really interested' in knowing why you wont stay in city Y but in city X. You can always say you plan on meeting her on weekends. There are hundreds of couples that I know of, who are in the US on H1 but live on the East and West coasts.
    Obviously, if you mention your arrangement of moving to city Y (which I think is your internal deal), then you will need an LCA for the new city as well. Also, be very careful in filling the DS 160.Any untrue statement can lead to a life ban. Hence, as long as you mention everything truthfully, you shall be fine.
    This is my opinion. Not a legal advice

    Comment


    • #3
      Originally posted by happybuddha View Post
      Most of the times, where you stay and where you work are in the same city. My suggestion will be to fill in your details of city X as your primary living and work address. When you later on move to city Y, all you will have to do is get an LCA for a city Y and update the USCIS of your address change. At this point, I dont think any VO would be 'really interested' in knowing why you wont stay in city Y but in city X. You can always say you plan on meeting her on weekends. There are hundreds of couples that I know of, who are in the US on H1 but live on the East and West coasts.
      Obviously, if you mention your arrangement of moving to city Y (which I think is your internal deal), then you will need an LCA for the new city as well. Also, be very careful in filling the DS 160.Any untrue statement can lead to a life ban. Hence, as long as you mention everything truthfully, you shall be fine.
      Thanks for the reply.

      So I don't need to file a H1B amended petition once i am in US? Only LCA is enough?
      ------------------------
      I reply with my experience and not from any legal perspective.

      Comment


      • #4
        Yes. For the visa use what ever that is there in the i-129. And for living address ask ur employer for some guest house address or keep any of ur frns address. Dont keep ur wifes address or place.

        This is my opinion. I am not a lawyer.

        Originally posted by speedracer View Post
        Thanks for the reply.

        So I don't need to file a H1B amended petition once i am in US? Only LCA is enough?

        Comment

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