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My B1 in lieu of H1B rejected.. How should I proceed - L1-B or L1 individual?

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  • My B1 in lieu of H1B rejected.. How should I proceed - L1-B or L1 individual?

    Hi all,

    Not sure if any body has posted this concern earlier. My "B1 in lieu of H1B" Visa got rejected last year (mid July) citing clause 214(B). I have no clue why they rejected my VISA. The counsular officer didnt ask me any questions, he kept me for admin processing and later rejected.
    i am working for India division of a reputed US multinational. Now my company intends to process my L1 VISA.

    Now here are my queries?

    1. Is Clause 214(B) a show stopper if I apply L1-B visa?
    Clause 214(B) states that I have failed to impress upon the consular officer that I have no intention in abandoning my residence in India(ie I intend to immigrate). But i understand the L1-B is a dual intend VISA, ie person applying could have the intend to immigrate

    2. In this scenario is it advisable for me to go with L1- Individual instead of L1-Blanket?

    Request your valuable suggestions/opinion

  • #2
    Originally posted by ajit416 View Post
    Hi all,

    Not sure if any body has posted this concern earlier. My "B1 in lieu of H1B" Visa got rejected last year (mid July) citing clause 214(B). I have no clue why they rejected my VISA. The counsular officer didnt ask me any questions, he kept me for admin processing and later rejected.
    i am working for India division of a reputed US multinational. Now my company intends to process my L1 VISA.

    Now here are my queries?

    1. Is Clause 214(B) a show stopper if I apply L1-B visa?
    Clause 214(B) states that I have failed to impress upon the consular officer that I have no intention in abandoning my residence in India(ie I intend to immigrate). But i understand the L1-B is a dual intend VISA, ie person applying could have the intend to immigrate

    2. In this scenario is it advisable for me to go with L1- Individual instead of L1-Blanket?

    Request your valuable suggestions/opinion
    Hi .... Could some experts help me out?

    Comment


    • #3
      What do you mean by B1 in lieu of H1? Those two are to be used in completely different scenarios, and I cannot see how B1 can be used where H1 is required or vice versa.
      H1 & L1 are dual intent visas, while B1 and F1 visas are not. Hence, the bar of proving non-immigrant intent does not exist for H and L visas. Hence, a B1 visa rejection on inability to demonstrate non-immigrant intent, will not affect those petitions.
      Just an opinion; Not legal advice.

      Comment


      • #4
        Originally posted by scientist2016 View Post
        What do you mean by B1 in lieu of H1? Those two are to be used in completely different scenarios, and I cannot see how B1 can be used where H1 is required or vice versa.
        H1 & L1 are dual intent visas, while B1 and F1 visas are not. Hence, the bar of proving non-immigrant intent does not exist for H and L visas. Hence, a B1 visa rejection on inability to demonstrate non-immigrant intent, will not affect those petitions.
        Got it. Thanks.. Is there any other possible reasons for slapping 214(b)?

        Comment


        • #5
          Originally posted by ajit416 View Post
          Got it. Thanks.. Is there any other possible reasons for slapping 214(b)?
          The only reason is your profile - Which only you can access it.
          - 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

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