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Visa Rejected for using same Petition Number

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  • Visa Rejected for using same Petition Number

    Hi Friends,

    I had my L1B Blanket petition been reapplied today. I had the same old I129S with "Not Clearly Approvable Stamped" and all the other documents. I had the interview and it went thru fine.

    At the end they checked whether I have been rejected earlier and the reason. I told all, then he was typing something and later said you have applied with same Petition Number, which you are not supposed to do. I replied that this is a blanket petition and not an Individual one. He said let me check with my senior official, I was waiting and he came back and said that you should be applying with new petition number and not the old one.

    Tell me was I wrong and what can I do ?


    Thanks

  • #2
    Originally posted by iamtanzil View Post
    Hi Friends,

    I had my L1B Blanket petition been reapplied today. I had the same old I129S with "Not Clearly Approvable Stamped" and all the other documents. I had the interview and it went thru fine.

    At the end they checked whether I have been rejected earlier and the reason. I told all, then he was typing something and later said you have applied with same Petition Number, which you are not supposed to do. I replied that this is a blanket petition and not an Individual one. He said let me check with my senior official, I was waiting and he came back and said that you should be applying with new petition number and not the old one.

    Tell me was I wrong and what can I do ?


    Thanks
    Why wasnt a new I129S prepared?

    This is my opinion not legal advice.

    Comment


    • #3
      My HR said that is how you reapply, or else it becomes a fresh application. I know that is not absolutely right, anyways the motive was to avoid the delay in getting the papers from US.

      But he was fine with that even. He said its already stamped on this and then he continued.

      Comment


      • #4
        Originally posted by iamtanzil View Post
        My HR said that is how you reapply, or else it becomes a fresh application. I know that is not absolutely right, anyways the motive was to avoid the delay in getting the papers from US.

        But he was fine with that even. He said its already stamped on this and then he continued.
        Technically fresh application would happen only when you have completed 1 Year stay outside US and are re applying for L1B. If not, its basically seeking new L1B but with duration of 5 Years minus time already spent in US previously on L1b. Irrespective, you should have taken a new I129S.

        This is my opinion not legal advice.

        Comment


        • #5
          Originally posted by raghvi View Post
          Technically fresh application would happen only when you have completed 1 Year stay outside US and are re applying for L1B. If not, its basically seeking new L1B but with duration of 5 Years minus time already spent in US previously on L1b. Irrespective, you should have taken a new I129S.

          This is my opinion not legal advice.
          THanks for the response Raghvi, but can you confirm whether its right that you cannot reapply on same blanket petition number ?

          If its true, which I believe as logically why would a company file a new Blanket petition unless its expired, then how do we go about this, can we somehow appeal for this or are there any alternatives ?

          Its just been 2 months since I applied the first time. I really feel that the officer was new and was not having enough info.


          Thanks

          Comment


          • #6
            Originally posted by iamtanzil View Post
            THanks for the response Raghvi, but can you confirm whether its right that you cannot reapply on same blanket petition number ?

            If its true, which I believe as logically why would a company file a new Blanket petition unless its expired, then how do we go about this, can we somehow appeal for this or are there any alternatives ?

            Its just been 2 months since I applied the first time. I really feel that the officer was new and was not having enough info.


            Thanks
            I believe you can use the same blanket petition number mentioned on the I797 but would need to carry a fresh I129S not an older one.

            This is my opinion not legal advice.

            Comment


            • #7
              Originally posted by raghvi View Post
              I believe you can use the same blanket petition number mentioned on the I797 but would need to carry a fresh I129S not an older one.

              This is my opinion not legal advice.
              So if the officer was wrong, what can I do about it ? Is there a way to challenge the case or escalate it ???

              Comment


              • #8
                I am confused you said "I had the same old I129S with "Not Clearly Approvable Stamped" and all the other documents".

                You should have carried a new I129S.

                How is it that the officer is to be blamed?

                This is my opinion not legal advice.

                Comment


                • #9
                  Originally posted by raghvi View Post
                  I am confused you said "I had the same old I129S with "Not Clearly Approvable Stamped" and all the other documents".

                  You should have carried a new I129S.

                  How is it that the officer is to be blamed?

                  This is my opinion not legal advice.
                  Even if I had a new I129S the Petition Number is going to be same right ?

                  the problem was not with I129S it was with the Petition Number.

                  Comment


                  • #10
                    Visa Rejected for using same Petition Number

                    Hi Friends,

                    I had my L1B Blanket petition been reapplied. I had the same I129S with "Not Clearly Approvable Stamped" and all the other documents.

                    They checked whether I have been rejected earlier and the reason. I told all, then he was typing something and later said you have applied with same Petition Number, which you are not supposed to do. I replied that this is a blanket petition and not an Individual one. He said let me check with my senior official, I was waiting and he came back and said that you should be applying with new petition number and not the old one.

                    Tell me was I wrong and what can I do ?

                    Comment

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