Need suggestion on DS160 form - previous visa denial question


#1

Hello Saurabh,

I need some advise regarding DS 160 form.

Last year I was in US and my L1B petition for extension was denied. I think in DS160 form we don’t need to mention petition denial and need to mention only if there was a consulate denial in visa interview. However to be on the safe side I am planning to write the following in my DS 160 form in the question “Was you visa denied before…”. Can you please suggest if my writing in quotes below is fine or not?

As my I94 expired in Sep2012 but I left the country on Oct2012, I am thinking about writing the detail for ease in interview. My petition definitely was applied on time and I was very much within 240 grace period of USCIS.


This is what I am planning to write

"My visa was never denied at consulate.

I was in US in L1B visa between May XX, 2010 and Oct XX 2012. My L1B visa as well as I94 were expiring on September XX 2012. In July 2012 my company ABC filed an L1B petition in premium procesing for my extension of stay of another 2 years. However we received an RFE from USCIS. ABC responded back the RFE but the petition was eventually denied. ABC received the denial notice on XX October 2012. My company ABC notified me about the same, asked me to stop working immediately and leave the country within 10 days. I stopped working and left the country within 10 days on XX October 2012."



#2

IMO, you should not mention all this. As you said, it is related to visa denial and not petition denial. So answer it as No.

If the officer asks about your L-1 petition history, then let him know about it.

Are you going for H-1 stamping or L-1? Did you consult this w/ your attorney?


#3

Thanks Saurabh. I am going for H1 stamping.

Actually I wanted to mention this in brief as I had stayed few days extra after my I94 expiry. Although even that stay was within 240 grace period of USCIS. I was thinking about briefly mentioning about this so that the officer do not ask me too many questions about my stay after I94 expiry.

Let me know what do you think.


#4

You may be opening a can of worms here. If you mention that, then they can ask for proof of your denial date and the date you left US. In other words, unnecessary questions. I am not saying that this will cause denial.

Still you want to mention this, then go ahead. But do talk to your attorney about it.


#5

Thanks Saurabh. I will not mention this in such case.

Anyways the petition denial date has been mentioned by my employer in current approved petition which means before approving my current petition USCIS already knew about previous L1B petition rejection. Therefore I would not mention the same again in Ds-160 to avoid complication.

I will carry the hard copy of he email my attorney shared with me regarding petition denial. If he VO asks for the same I will show that to him.

Do you think it’s a better approach?


#6

Yes, I think its a better approach. Run it by your attorney as well.