[L1A Individual Approved] B1/B2 Cancelled during interview, L1A goes 221(g)

[visayatri]

I had an existing B1/B2 multiple entry 10year VISA on which have I have previously traveled multiple times for business. Now, as the business grew immensely: My Company had applied for L1A for me for transfer to our US parent company, so we can better manage that market. The L1A visa petition got approved by USCIS after RFE. I went for interview at new delhi. Here is the conversation of interview based on my memory:


ME: Good Morning!
(handling over the passport)
VO: Good Morning!
VO: What visa are you applying for?
ME: L1A Individual
VO: Provide I797 (Approval Notice)
Me: (Provides the requested document)
VO: Have you been to US before?
Me: Yes. 7 times
VO: What's the longest time you were in US?
Me: 73 days.
VO: What were you doing there?
Me: Attending business meetings and two conferences
VO: Did you company send you there?
Me: Yes
Vo: Did you get paid? (Start typing on his computer)
Me: No. I didn't get salary from US entity. I got from my company in India.
VO: Were you working there? ( typing on his computer)
Me: No, I was attending business meetings and conferences.
VO: Did your company send you? (typing on his computer)
Me: Yes
Vo: Did they pay for your expenses? (typing on his computer)
Me: Yes
VO: This means you were working
ME: No, I was not working...(VO interrupts)
Me: (I am quite stressed and cannot believe what is happening)
VO: Your company sent you, they paid your expenses and paid you salary. you were working.
Me: No, I was......(VO interrupts again, this time rudely)
VO: you were working!!
VO: How many employees in company?
Me: Answered
Vo: What is purpose of your visit to US on L1
Me: Explained
Vo: (Walks off from his seat for 2-3mins)
Vo: Picks up White form, start ticking checkboxes. Asks, Are you working on client location or Internal?
Me: at Internal.
Vo: Hands me the white form 221(G) saying that I should provide additional 2-3 documents over email address [email protected]. Further, says I am cancelling your B visa based on our conversation (puts cancelled stamp on passport) and returning your passport.
Me: Thank you (Exit)

I spoken to a lawyer who looked at my i-94 and said that my previous visits averages between 2-3 trips per year – not all that many. There were several instances however, where I was in the US for 1-2 months, which may have caused suspicion on the part of consular officials. They advised me make an inventory of my all my US trips with evidences submit to that email as proof that I wasn't working.

Now,
My visits were business visits for meetings, conferences etc but it seems I wasn't able to convince the VO during the interview for the same.

1. What are the chances that they would deny approved l1a even if I submit the asked documents as now they in their mind believe I was working. This is not true but that's what the record says now. I have a feeling, yes as they have all the authority.
2. Hypothetically, if they further deny approved l1a, That's fine. I have a job and good life in India but cannot accept my name being implicated for something which I didn't do. As this goes on long term record and I have heard that this "visa cancellation" effects visa for other countries. Hence, I want to clear my name at all costs.

Wondering if anyone has faced or seen a similar case? if yes, what the best possible way to move ahead?

[Libra_14]

1. What are the chances that they would deny approved l1a even if I submit the asked documents as now they in their mind believe I was working. This is not true but that's what the record says now. I have a feeling, yes as they have all the authority.

At times, they force people to admit that you'll working in USA on B1 visa - If you were really not "working" stay on your truth. Provide requested documents & stay positive.
I take it positively that instead of rejecting your L1A visa - he gave you 221g, so you still have 50-50 chances. If you can submit the requested documents & convince them - your visa will be approved.

2. Hypothetically, if they further deny approved l1a, That's fine. I have a job and good life in India but cannot accept my name being implicated for something which I didn't do. As this goes on long term record and I have heard that this "visa cancellation" effects visa for other countries. Hence, I want to clear my name at all costs.

No, thats not true. It all depends on, why your visa is cancelled or rejected. Each visa application is evaluated on its own merits. Earlier rejection can only impact if the reason still persists.

Wondering if anyone has faced or seen a similar case? if yes, what the best possible way to move ahead?

No need to worry much, its just a visa rejection. I've seen people got deported from USA & later got the visa. Stay positive & truthful.

[visayatri]

Hello,
Thank you for your response. I got busy but so still preparing the response. My lawyer is suggesting to give the requested documents along with an itinerary of all my visits on B visa.




Question is:
that the B visa itinerary is not asked. I have no problems giving is as I didn't work but I have read that for visa, we should only give what is asked. so wanted to know if anyone has has seen similar situation and can provide some advice.

2nd question is that they are asking a client letter where as I will not work for a client. I will work at company HQ. so how to I respond to that?

[Libra_14]

Yes, submit only what has been asked for.

[visayatri]

{update}
I got my l1 visa stamped. light at end of the tunnel.

[rocky127]

Congratulations!

[potamo]

Hi Visayatri,
Congratulation on getting visa. Could you please clarify whether the cross marked rows in the scanned document are the documents which you have submitted

[Libra_14]

Hi Visayatri,
Congratulation on getting visa. Could you please clarify whether the cross marked rows in the scanned document are the documents which you have submitted

Yes, thats what they want.