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L1B rejected/filing H1B/what to answer for previous rejection

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  • L1B rejected/filing H1B/what to answer for previous rejection

    Hi,
    I got my L1 Blanket rejected in 2nd week of Oct 2010. I am a S/W engg with exp of 33 months. I did not get exact reason of rejection but th officer told that u do not fall into L1 blanket category?

    Now my employer is planning to file an H1B, Now I have following question:

    1. Seems the previous interviews data can be seen by officer, so he may ask, u have been rejected an L1 for same company and now u are trying to get an H1 for same company?

    2. Also H1 means some company in US is hiring me, for me both US company and current company would be same. So what to answer "why u want to change a job" or why being moved to US? Shall i say I got rejected my L1 hence filing H1?

    I am really confused about the question that he may ask? Any input on this is highly appreciable

  • #2
    1. Seems the previous interviews data can be seen by officer, so he may ask, u have been rejected an L1 for same company and now u are trying to get an H1 for same company?
    >>> While filling the DS-160, there is a question that askes if you were ever been rejected a U.S visa for which you have to answer YES. They will not question about the reason for rejection, since the clear reason will be already documented. If asked, explain the same reason what you have posted here. Rjecetion of L1 will not impact your H1B.

    2. Also H1 means some company in US is hiring me, for me both US company and current company would be same. So what to answer "why u want to change a job" or why being moved to US? Shall i say I got rejected my L1 hence filing H1?
    >>> Any company that is operating in U.S can file an H1B for you. Example, Infosys is based in India, but they have offices in U.S and they can process your H1B. Getting is an H1B is not always considered changing your job, unless you are joining a new employer in U.S. This is more like travelling to U.S to work at the U.S branch or to work for an end-client of your company. This is not new and you don't have to worry so much about it.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks for all the kind information.

      Please do let me know if you have any suggestion/precaution to take during the H1B interview.

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