Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

L1 B Blanket Visa rejected twice

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • L1 B Blanket Visa rejected twice

    Hi,

    I had two straight L1B rejects recently. I had penned down big matter in the thread below for clear understanding of my case. Sorry for it and please have the patience to bear it. Thanks

    First Visa Interview: June 3rd 2014
    My Company wants me to relocate to US for one critical project and applied for L1B-Blanket Visa. Following this, I had scheduled my first visa interview on June 3rd 2014 at Chennai. The questions were very obvious like: Working experience, where in US I will be relocating, my specialized knowledge, client name and any previous experience with the client. I answered them well and at the end it was a shock from the VO saying that "the Visa cannot be issued as per sec 214(b)". Following this, I discussed with my company's legal team and came to the following conclusions below for rejection:

    1) The VO might have identified me as potential immigrant

    2) The use of the word "Client" might have caused problems. The Consular might have thought that I will be managed by the client directly.

    Hence our legal Fragomen team decided to reapply for the same L1B-Blanket and strengthened my petition as per the above conclusions and scheduled another interview.

    Second Visa Interview: June 19th 2014
    I had scheduled for another interview again on June 19th 2014 at the same Chennai Consulate. The detailed conversation is as follows:

    Me: Good Morning Sir!!!
    VO: Very Good morning!! How are you doing today?
    Me: Doing good sir. How about you?
    VO: Great Sir. Thank you

    VO: So, How long you have been working with ZZZ?
    Me: 2 years

    VO: Where will you be working in US?
    Me: ZZZ, at (location)office

    VO: What is your specialized skill on?
    Me: Explained briefly about the Company, my specialization area specifically on AAA and BBB tools and described my role in it.
    VOlooked convinced)

    VO: (Looked the info from the Application and asked is the client which I will be working with is "YYY"? )
    Me: Yes. I will be offering engineering services at the client location from ZZZ's (location)office in which I will always be managed by an ZZZ's Senior Manager located on the same site and will be coordinating my daily technical and administrative support activities. (I tried stressing on this point as we believe one of the potential reasons for the denial could be not mentioning clearly)
    VO: Ok. Clear. Understand.

    VO: In which company did you work before joining ZZZ?
    Me: This is my first job after my Master's degree.
    VO:Oh ok. Cool

    VO: What is your Master's specialization?
    Me: Answered so & so from Indian Institute of Technology Bombay (IIT Bombay). After the successful completion of my degree in 2012, I got selected by the current employer through Campus selection.
    VO: Good. Excellent.

    (VO looked at his computer and started typing for 3-4min and replied as follows....)
    VO: Sir, There is absolutely no problem with your qualifications and skill sets that are needed for L1B. But at the very last moment, I rechecked the current petition number and it is exactly same to the previous petition number which you had used for the previous application and therefore the visa cannot be issued at the moment as per Section 8 CFR 214.2 (I)(ii)(D) and INA 101 (a)(15)(L). This is a problem with your HR. They should have made you applied with the Individual L1B or with L1B-Blanket with different petition number other than WAC-XX-ZZZ- YYYY X. I am sorry for keeping you in this embarrassed situation now. Your HR should have known about this. I encourage you to reapply through L1B-Individual or L1B-Blanket with different petition number.


    I thought I was almost there and about to hear the GOLDEN words as the VO looked very positive and convinced towards my answers

    I again discussed with my legal & HR teams to know about this crap. Their reply is that the VO made an incorrect decision in saying that I should have applied L1B-Blanket with different petition number as our YYYY is one single company and it will have one blanket petition number common for all the employees and told me that they will contact the US Consulate from their side for reconsideration. Meanwhile, they will also start filing L1B-Individual petition on my behalf under Premium Processing, which USCIS will process the petition in 15 calendar days. However if the RFE is issued, it will take another week to receive USCIS’ adjudication.

    My Questions are as follows:

    1) How far contacting the US Consulate will help? As an individual applicant, I know there is no such provision to ask for decision reconsideration. But in my case, the fragomen wants to contact on my behalf.
    2) I am really concerned about the fate of next L1B-Individual Visa which I need to schedule soon once the docs are ready. What is the success rate of L1B Individual when compared to L1B-Blanket? Will my previous history of the recent 2 denials be having any effect during the third one? Actually, we should have applied for L1B-Individual straight after the first reject. But as per the suggestions of the legal team, we decided to reapply the same L1B-Blanket by adding more explanation to the petition to make the case clear.
    3) What is issuing of RFE in reference to L1B-Individual?

    I have been going through a tough phase in obtaining this L1 Visa done and is lowering the confidence. Any suggestions/tips on how to proceed in the next interview would be of great help.


    Thanks. Appreciate your patience in reading the entire thread.

  • #2
    First of all, you need to take this whole episode positively and understand that its not the end of the world if the visa is rejected. Many people have gone on to become multi millionaires outside US post a visa rejection, I believe even India's PM had his US visa rejected :-) Now coming to your questions.

    1. Yes I believe the officer may have erred in telling that a new L1 Blanket petition is required. But dont know how appealing against that would help. As far as I know there is no redressal mechanism.
    2. The legal team should typically have filed a L1 individual instead of going for L1 Blanket again. I personally believe L1 individual success rates are higher as it comes with the background that the petition is already verified and approved by USCIS.
    3. With L1 Individual USCIS generally issues RFE (Request For Evidence) to enable the petitioner to provide additional evidences with respect to your specialized skill sets. Though the RFE response is case to case basis but generally one can provide training records, org charts, explanation and proof of duties one is performing to strengthen the case.

    This is my opinion not legal advice.

    Comment


    • #3
      Dear Raghvi,

      Thank you very much in taking your time for reading my complicated case. Appreciate your patience and response. Your reply is very encouraging in adding hope.

      I just have one concern finally. Will the past bad history have any effect on the new Individual L1 petition based interview? How much gap would it be ideal to schedule another interview. I know that one can apply immediately. But would like to know based on your experience.

      Thanks once again,
      Sdp19


      Originally posted by raghvi View Post
      First of all, you need to take this whole episode positively and understand that its not the end of the world if the visa is rejected. Many people have gone on to become multi millionaires outside US post a visa rejection, I believe even India's PM had his US visa rejected :-) Now coming to your questions.

      1. Yes I believe the officer may have erred in telling that a new L1 Blanket petition is required. But dont know how appealing against that would help. As far as I know there is no redressal mechanism.
      2. The legal team should typically have filed a L1 individual instead of going for L1 Blanket again. I personally believe L1 individual success rates are higher as it comes with the background that the petition is already verified and approved by USCIS.
      3. With L1 Individual USCIS generally issues RFE (Request For Evidence) to enable the petitioner to provide additional evidences with respect to your specialized skill sets. Though the RFE response is case to case basis but generally one can provide training records, org charts, explanation and proof of duties one is performing to strengthen the case.

      This is my opinion not legal advice.

      Comment


      • #4
        Each petition and interview is normally considered afresh especially if earlier rejection was in a different category.

        As for gap, I believe there would be a induced gap by default, as USCIS will take time to decide on your L1 individual petition , and could have further delays if there is any RFE.

        This is my opinion not legal advice.

        Comment


        • #5
          Hi,
          I'm in the same boat as you were. Can you please update us on your visa status. Did you get visa when you applied next time with same pertition name/number?

          Originally posted by sdp19 View Post
          Hi,

          I had two straight L1B rejects recently. I had penned down big matter in the thread below for clear understanding of my case. Sorry for it and please have the patience to bear it. Thanks

          First Visa Interview: June 3rd 2014
          My Company wants me to relocate to US for one critical project and applied for L1B-Blanket Visa. Following this, I had scheduled my first visa interview on June 3rd 2014 at Chennai. The questions were very obvious like: Working experience, where in US I will be relocating, my specialized knowledge, client name and any previous experience with the client. I answered them well and at the end it was a shock from the VO saying that "the Visa cannot be issued as per sec 214(b)". Following this, I discussed with my company's legal team and came to the following conclusions below for rejection:

          1) The VO might have identified me as potential immigrant

          2) The use of the word "Client" might have caused problems. The Consular might have thought that I will be managed by the client directly.

          Hence our legal Fragomen team decided to reapply for the same L1B-Blanket and strengthened my petition as per the above conclusions and scheduled another interview.

          Second Visa Interview: June 19th 2014
          I had scheduled for another interview again on June 19th 2014 at the same Chennai Consulate. The detailed conversation is as follows:

          Me: Good Morning Sir!!!
          VO: Very Good morning!! How are you doing today?
          Me: Doing good sir. How about you?
          VO: Great Sir. Thank you

          VO: So, How long you have been working with ZZZ?
          Me: 2 years

          VO: Where will you be working in US?
          Me: ZZZ, at (location)office

          VO: What is your specialized skill on?
          Me: Explained briefly about the Company, my specialization area specifically on AAA and BBB tools and described my role in it.
          VOlooked convinced)

          VO: (Looked the info from the Application and asked is the client which I will be working with is "YYY"? )
          Me: Yes. I will be offering engineering services at the client location from ZZZ's (location)office in which I will always be managed by an ZZZ's Senior Manager located on the same site and will be coordinating my daily technical and administrative support activities. (I tried stressing on this point as we believe one of the potential reasons for the denial could be not mentioning clearly)
          VO: Ok. Clear. Understand.

          VO: In which company did you work before joining ZZZ?
          Me: This is my first job after my Master's degree.
          VO:Oh ok. Cool

          VO: What is your Master's specialization?
          Me: Answered so & so from Indian Institute of Technology Bombay (IIT Bombay). After the successful completion of my degree in 2012, I got selected by the current employer through Campus selection.
          VO: Good. Excellent.

          (VO looked at his computer and started typing for 3-4min and replied as follows....)
          VO: Sir, There is absolutely no problem with your qualifications and skill sets that are needed for L1B. But at the very last moment, I rechecked the current petition number and it is exactly same to the previous petition number which you had used for the previous application and therefore the visa cannot be issued at the moment as per Section 8 CFR 214.2 (I)(ii)(D) and INA 101 (a)(15)(L). This is a problem with your HR. They should have made you applied with the Individual L1B or with L1B-Blanket with different petition number other than WAC-XX-ZZZ- YYYY X. I am sorry for keeping you in this embarrassed situation now. Your HR should have known about this. I encourage you to reapply through L1B-Individual or L1B-Blanket with different petition number.


          I thought I was almost there and about to hear the GOLDEN words as the VO looked very positive and convinced towards my answers

          I again discussed with my legal & HR teams to know about this crap. Their reply is that the VO made an incorrect decision in saying that I should have applied L1B-Blanket with different petition number as our YYYY is one single company and it will have one blanket petition number common for all the employees and told me that they will contact the US Consulate from their side for reconsideration. Meanwhile, they will also start filing L1B-Individual petition on my behalf under Premium Processing, which USCIS will process the petition in 15 calendar days. However if the RFE is issued, it will take another week to receive USCIS’ adjudication.

          My Questions are as follows:

          1) How far contacting the US Consulate will help? As an individual applicant, I know there is no such provision to ask for decision reconsideration. But in my case, the fragomen wants to contact on my behalf.
          2) I am really concerned about the fate of next L1B-Individual Visa which I need to schedule soon once the docs are ready. What is the success rate of L1B Individual when compared to L1B-Blanket? Will my previous history of the recent 2 denials be having any effect during the third one? Actually, we should have applied for L1B-Individual straight after the first reject. But as per the suggestions of the legal team, we decided to reapply the same L1B-Blanket by adding more explanation to the petition to make the case clear.
          3) What is issuing of RFE in reference to L1B-Individual?

          I have been going through a tough phase in obtaining this L1 Visa done and is lowering the confidence. Any suggestions/tips on how to proceed in the next interview would be of great help.


          Thanks. Appreciate your patience in reading the entire thread.

          Comment


          • #6
            Hi,

            Mine was rejected recently. Can you please let us know what happened in your case? Individual got approved? My attorney also fragoman. How effective are they?

            Comment


            • #7
              Originally posted by Depika View Post
              Hi,

              Mine was rejected recently. Can you please let us know what happened in your case? Individual got approved? My attorney also fragoman. How effective are they?
              Go ahead with Individual petition, it will most likely be approved. Approval rate on blanket visa is 50-50.
              - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

              If my opinion helping you, then please do click "like" button below.

              Comment


              • #8
                My L1B Blanket Visa got rejected a week ago. And my employer in US and Fragomen team mutually decided to go for L1B Blanket Visa again. So, I have booked an appointment in mid-May in the same consulate.

                I would like to know if there is anyone you guys know who got the L1B Blanket Visa approved in 2nd attempt?

                Comment


                • #9
                  Originally posted by Ahmed_S View Post
                  My L1B Blanket Visa got rejected a week ago. And my employer in US and Fragomen team mutually decided to go for L1B Blanket Visa again. So, I have booked an appointment in mid-May in the same consulate.

                  I would like to know if there is anyone you guys know who got the L1B Blanket Visa approved in 2nd attempt?
                  Hi Ahmed, please reply. I am going for second attempt in end of May. When did you book your slot?

                  Comment


                  • #10
                    Originally posted by Libra_14 View Post

                    Go ahead with Individual petition, it will most likely be approved. Approval rate on blanket visa is 50-50.
                    Hi,

                    Thanks for your response. Do you know anyone who got approved in same blanket second attempt?

                    Comment


                    • #11
                      Originally posted by Depika View Post

                      Hi,

                      Thanks for your response. Do you know anyone who got approved in same blanket second attempt?
                      Everyone in my knowledge, applied for Individual petition after rejection with Blanket petition. None of them tried Blanket second time (seems waste of time to me too).
                      - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

                      If my opinion helping you, then please do click "like" button below.

                      Comment


                      • #12
                        Originally posted by Libra_14 View Post

                        Everyone in my knowledge, applied for Individual petition after rejection with Blanket petition. None of them tried Blanket second time (seems waste of time to me too).
                        Why do you say so? My employer said Blanket number cannot change. Because The L1 blanket is a single petition to the USCIS that qualifies a company to transfer a number of managers and executives to the US without having to submit separate individual visa applications. Please explain why it will be rejected? Last time I used few generic terms to the VO and said we are providing services. I can correct that this time.

                        Comment


                        • #13
                          Originally posted by Ahmed_S View Post
                          My L1B Blanket Visa got rejected a week ago. And my employer in US and Fragomen team mutually decided to go for L1B Blanket Visa again. So, I have booked an appointment in mid-May in the same consulate.

                          I would like to know if there is anyone you guys know who got the L1B Blanket Visa approved in 2nd attempt?
                          please reply. When is your appointment and what happened?
                          Last edited by Depika; 05-11-2022, 10:34 AM.

                          Comment


                          • #14
                            Originally posted by Depika View Post
                            Why do you say so? My employer said Blanket number cannot change. Because The L1 blanket is a single petition to the USCIS that qualifies a company to transfer a number of managers and executives to the US without having to submit separate individual visa applications.Please explain why it will be rejected?
                            Last time I used few generic terms to the VO and said we are providing services. I can correct that this time.
                            I am not saying it will be rejected - its the VOs call.

                            Understand the difference between blanket & individual petition.

                            Blanket is given to the company without verifying each individual applicant's profile. Hence the onus lies with the VO to decide that the applicant is really a manager or not - so VO probably goes by the appearance, confidence, interview questions etc to decide if you are really that person for the company. Even for an iota of doubt, VO has full authority to reject the application saying "Not clearly approvable" & VO is not bound to give you the reason.

                            With individual petition, your company submit whole profile of yours as well as company as documentary proof stating you are the manager. With approved individual petition your chances are almost 95% for visa approval. VO just have to verify that the applicant is the person for which the petition is approved.

                            Companies tend to suggest employees to try with blanket petition, because this saves them lots of money hiring an attorney & its pretty quick (no waiting for petition approval).
                            - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

                            If my opinion helping you, then please do click "like" button below.

                            Comment


                            • #15
                              Originally posted by Libra_14 View Post

                              I am not saying it will be rejected - its the VOs call.

                              Understand the difference between blanket & individual petition.

                              Blanket is given to the company without verifying each individual applicant's profile. Hence the onus lies with the VO to decide that the applicant is really a manager or not - so VO probably goes by the appearance, confidence, interview questions etc to decide if you are really that person for the company. Even for an iota of doubt, VO has full authority to reject the application saying "Not clearly approvable" & VO is not bound to give you the reason.

                              With individual petition, your company submit whole profile of yours as well as company as documentary proof stating you are the manager. With approved individual petition your chances are almost 95% for visa approval. VO just have to verify that the applicant is the person for which the petition is approved.

                              Companies tend to suggest employees to try with blanket petition, because this saves them lots of money hiring an attorney & its pretty quick (no waiting for petition approval).
                              Thanks. Please tell me one thing. I went for L1B. Does the VO judge us based on previous rejection? Will he have the reason for rejection on his screen? Last time I mixed my general duties with my specialized skills. If I correct that this time, will it be approved?

                              Comment

                              {{modal[0].title}}

                              X

                              {{modal[0].content}}

                              {{promo.content}}

                              Working...
                              X