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L1B Refused 221(g). Reason Since Individual Benificiaries are not named in petition

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  • L1B Refused 221(g). Reason Since Individual Benificiaries are not named in petition

    Hi,

    I and my spouse recently went for interview at the Mumbai Consulate for L1B and L2 visa. I was asked the following questions:
    1. Where are you travelling to?
    2. Which company will you be working for?
    3. Have you travelled to US before?
    4. When and for how long?
    5. What is your salary in India?
    6. What will be your salary in US?
    7. Your specialized Knowledge?
    8. what is my highest degree?
    (to my spouse)
    9. How long have you been married?
    10. How did you two meet?
    11. Whether it was love or arrange marriage?
    12. What is his highest Degree?
    13. Where does he work?

    After answering all these questions i was told that my visa cannot be approved since my name was not in the petition. she gave me a white letter saying "Your application has been kept pending under section 221(g) of Immigration and Nationality Act. Since the Individual beneficiaries of the blanket petition are not named in the petition, their eligibility for L status is not examined by INS".

    She also returned my passport and asked my company to file an L1 individual or H1B visa for me. She also wrote the reason as "Not clearly approvable for specialized knowledge" on my I129S form.

    Is my visa refused because of the specialization knowledge or becoz my name is not there on petition? I consulated the PRM at my office they say blanket petition doen now has the individuals name on it. Is that true?

    Also how soon can i apply for blanket petition or do i have to apply for individual only? If so how much time will it take to reapply? Will the processing fees have to be paid again and the entire process has to be done again?

    Will this impact my L1 individual visa? will it make the process tougher?

    Kindly advice how to move ahead now as the client needs me at the US office urgently.

    Thanks in advance.

    Regards,
    Seema Naik

  • #2
    same issue with L1 application

    Hey Seema,

    Did u got ur visa stamped? I am having same issue. Can you please guide me on this?

    Please mail me on [email protected]

    Thanks in advance.

    Regards,
    Ashish

    Comment


    • #3
      l1B blanket kept pending under 221(g)

      Hi Seema/Ashish,

      My l1B blanket kept pending under 221(g) & VO asked me to apply for individual L1B.

      my company is going to file l1B individual.

      How much time it will take to have interview again?
      What is the chance of approval in individual case again?

      What is your experience?

      please mail me on [email protected].


      Aasish, please mail me your number we can disuss in more detail,i am going through th same situation.

      Thanks in advance.

      i m bit tensed yaar.

      Comment


      • #4
        L1 B rejection will have no impact on the L1 individual. I have many post in this forum where people got L1 Individual after L1 Blanket denial.

        File L1 Individual with premium processing. It takes around a month time.

        thanks
        RS

        Comment


        • #5
          Hi Seema,Ashish,Mohit,

          You are eligible to apply for L1B Individual in no time, because one of my friends had the same situation and it went through when he filed L1B Individual right after the L1B Blanket rejection. But be careful with your specialization knowledge in both PRD and CV, otherwise it may again turn up with RFE. Please provide the proofs like trainings attended, certifications etc at the first instance itself, rather than waiting them to come back to you for those proofs, evidences.

          I wish ALL THE BEST to all of you.

          Regards,
          Balu

          Comment


          • #6
            I have same status for my L1B Blanket petition

            Hi Seema, Mohit, Balu,

            I have the same status as of now for my L1 B Blanket visa. I appeared for interview last 22nd September 2011 and I was handed over a white color 221(g) letter which says that my application is kept pending based on Section 221(g) of INA. Since the individual beneficiaries of blanket petitions are not named in the petition, their eligibility for L status is not examined by INS.

            They also mentioned at the end :-

            Please note that you have not been refused; the application has been kept pending under Section 221(g) of INA. The consular officer did not find your application for a blanket L1 visa status clearly approvable. We therefore recommend that the U.S company or affiliate file an H1B or L petition on your behalf. Once you are in possession of a new approval notice, you are welcome to reapply in person at the Consulate.

            Now, my company had filed L1 Individual petition post this and thats been approved now. When I asked my agent to submit the same along with passport and original 221(g) letter and earlier I-129S form to VFS , VFS people said that you mail on US Consulate VFS helpline and wait for the email reply from either VFS or US Consulate.

            I am confused and don't know how to proceed further in this case as they are not accepting the documents and not saying to file new application as well.

            Any updated you guys have, please share with me.

            ~Ronak

            Comment

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