DS 160 Query - Immediate Relatives in the US

USA H1B Visa
1

Hi

I have query on the question from DS160 about any relatives in the US. My organization (Reputed MNC) filed L1b visa last year which was rejected during the stamping citing reason 214(b) though VO dint ask anything about my relatives in the US.

Now this year my org has filed H1B which is picked up in the lottery and approved. Now in the DS 160 (Submitted) I have mentioned about my brother as sibling in the US who is on Non Immigrant visa.

I have my queries as below 1. Answering Yes to question -> Relatives in the US - can cause potential immigrant issue. I have only one brother who is on Non-immigrant Visa. Is it really a showstopper2. What are the chances of rejection due to this in the stamping? Did any one come across such situation before.3. My Immigration team suggested not to mention about any relatives in the US and asked me to submit fresh DS160. Does VO compare your old and new DS160 in the interview. In that case,VO can ask why I have made last moment changes.4. What questions I can expect in this situation from VO as I have never come across such cases on-line on any forum. Experts can refer to such situations if any.5. Any other suggestions

Please help!! Appreciate your response

2

  1. H-1 is a dual intent visa which allows one to immigrate to US through employer sponsored green card. So it should not be a concern. I am surprised that L-1 received 214b. That is typically for F-1 and B-1/2 visa applicants.

  2. See (1)

  3. IMO, one should not lie on the DS form

  4. Usually the focus is on the new H-1 petition and not past denial. You will have to mention about L-1 denial in DS-160 form and if asked respond truthfully to the best of your knowledge.

3

Thank you Saurabh for the clarification.

I am planning to stick to truth and not lie on the DS160. Also I have mentioned about L1 denial. I just noticed that i received 221(g) on which below clause was ticked
Your Blanket L-1 Application is not clearly approvable under section 8 CFR 214.2(I))(!!)(D) and INA 101 (a)(15)(L)

My Queries

  1. Does it mean potential immigrant?
  2. In the DS 160 I have mentioned below reason - L­1B VISA WAS DENIED WITH REASON NOT CLEARLY APPROVABLE
    UNDER SECTION 214(B). Do i need to submit fresh DS 160 in that case.