L1 Visa Rejected Thrice

[ajay_visa]

Hi, my l1b visa got rejected on 2010 due to lack of specilized knowledge. In 2013, I have applied for B1 visa and It got approved.
In 2014, I applied for L1A blanket and it got rejected and the consulate asked me apply for L1A visa. My company has asked me to file L1A premiuim within 2 months and it also got rejected in 2015 january after RFE and NOID. In the rejection letter from my company told me that the visa didnt got rejected because of individual issue and it got rejected purely based on managerial capacity and they have asked me to apply an new petition.

Can you please let me know whether i can raise an L1A individual visa now. I am also getting news from my colleagues i will be blacklisted if my l1a petition got denied again. Please help me on this.

[raghvi]

Hi, my l1b visa got rejected on 2010 due to lack of specilized knowledge. In 2013, I have applied for B1 visa and It got approved.
In 2014, I applied for L1A blanket and it got rejected and the consulate asked me apply for L1A visa. My company has asked me to file L1A premiuim within 2 months and it also got rejected in 2015 january after RFE and NOID. In the rejection letter from my company told me that the visa didnt got rejected because of individual issue and it got rejected purely based on managerial capacity and they have asked me to apply an new petition.

Can you please let me know whether i can raise an L1A individual visa now. I am also getting news from my colleagues i will be blacklisted if my l1a petition got denied again. Please help me on this.

There is no blacklisting as such, but I believe you have already applied L1A blanket and l1A individual, and the L1A individual petition, even if approved by USCIS, was sent back to USCIS for denial. So the next success would depend upon what additional documentation/evidence you and your immigration team plan to provide to support your L1A claim? I would suggest working on the reasons for denial and provide concrete documentation.

If you can provide the previous L1A interview Q&A it may give pointers to where the lack was.

This is my opinion not legal advice.

[ajay_visa]

There is no blacklisting as such, but I believe you have already applied L1A blanket and l1A individual, and the L1A individual petition, even if approved by USCIS, was sent back to USCIS for denial. So the next success would depend upon what additional documentation/evidence you and your immigration team plan to provide to support your L1A claim? I would suggest working on the reasons for denial and provide concrete documentation.

If you can provide the previous L1A interview Q&A it may give pointers to where the lack was.

This is my opinion not legal advice.

I have already applied L1B (Rejected in 2010), L1A blanket(Rejected in Sep 2014) and L1A individual (Rejected in Jan 2015). During NOID for my L1A Individual visa they asked me to submit the pay stubs of my subordinates but i was unable to submit it and my petition got rejected on Jan 2015. In my ORG Chart I have kept two M level associates as direct reportees and i think i got rejected because of this reason too.

If I apply for L1A individual now, Do i have any chance of success.

[raghvi]

I have already applied L1B (Rejected in 2010), L1A blanket(Rejected in Sep 2014) and L1A individual (Rejected in Jan 2015). During NOID for my L1A Individual visa they asked me to submit the pay stubs of my subordinates but i was unable to submit it and my petition got rejected on Jan 2015. In my ORG Chart I have kept two M level associates as direct reportees and i think i got rejected because of this reason too.

If I apply for L1A individual now, Do i have any chance of success.

Why wasnt your employer able to submit the pay stubs? Will they be able to submit it if asked now? The point being what is your immigration team doing to avoid a similar denial?

[ajay_visa]

Why wasnt your employer able to submit the pay stubs? Will they be able to submit it if asked now? The point being what is your immigration team doing to avoid a similar denial?

I am not sure about the reason but some of the associates are not ready to share it becasue of their visa extension process. Now we can get it if it really needed in new petition.

[inadmissible]

L-1A petition denials do not prejudice future petitions, unless there is fraud involved. Any kind of fraud always prejudices future applications of any kind of visa.

You should not worry about applying again in the future when you are in a position to draft a strong petition, and you can provide the supporting documents needed.

That said, there are many frivolous L-1A petitions that USCIS has to adjudicate, where the beneficiary of the beneficiary of the petition is only a manager by title, or is just a first-level supervisor (and not a first-level supervisor of professional employees).

Is your company drafting the petitions in house? Are they using a prominent law firm? All law firms get paid to push the paper through, whether the petition is approvable or not. But some prominent law firms stake their reputation on their approval rate, and won't accept cases they are not confident in.

[ajay_visa]

L-1A petition denials do not prejudice future petitions, unless there is fraud involved. Any kind of fraud always prejudices future applications of any kind of visa.

You should not worry about applying again in the future when you are in a position to draft a strong petition, and you can provide the supporting documents needed.

That said, there are many frivolous L-1A petitions that USCIS has to adjudicate, where the beneficiary of the beneficiary of the petition is only a manager by title, or is just a first-level supervisor (and not a first-level supervisor of professional employees).

Is your company drafting the petitions in house? Are they using a prominent law firm? All law firms get paid to push the paper through, whether the petition is approvable or not. But some prominent law firms stake their reputation on their approval rate, and won't accept cases they are not confident in.

My company is drafting the petition in house.

[inadmissible]

If you want feedback on your draft petition and the two org charts, let us know how we can help.

Posting it here might seem awkward, even with names and locations redacted, but that is will get published anyway if you appeal a USCIS denial.

[ajay_visa]

If you want feedback on your draft petition and the two org charts, let us know how we can help.

Posting it here might seem awkward, even with names and locations redacted, but that is will get published anyway if you appeal a USCIS denial.

Please let me know your mail address, so i can share it with you.