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L1-B refused with 221(g) (Interesting Case)

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  • L1-B refused with 221(g) (Interesting Case)

    Folks,

    Here's my case for which i am given blue slip (221 g)

    1) I worked for ZZZ_INDIA for 2+ years.
    2) Since a quarter (3 months) i am working for YYY_INDIA.
    3) Off-late i got an offer to work for ZZZ_AMERICAS. i.e employed directly by US division of YYYY and my base will be US.
    4) So i am serving Notice Period with YYY_INDIA and ZZZ_AMERICAS planned my onboarding once after i am done with Visa stamping.

    (Please note this is not an on-site oppurtunity where in i come back after project work.I am Offered a permanent US position with my ZZZ_AMERICAS)

    For the said case i had to apply with L1-B Visa.
    My Visa application was refused/suspended and given a blue slip for 221 g quoting " Blanket L1 application not clearly approvable under section 8 CFR 214.2(I)(ii)(D) and INA 101(a)(15)(L)".

    I was told that, to be elligible for Visa stamp for ZZZ_AMERICAS, i have to be an employee of it,eventhough i had been employed by them in the past.
    Only after i get employed with ZZZ_AMERICAS i shall be eliigible to proceed further.

    I had contacted my ZZZ_AMERICAS and they are looking into it and no reply from them yet.Interview was only yesterday(19th May).

    Now,
    1) What can be done further as an employee serving notice with YYY_INDIA waiting to get this cleared from ZZZ_AMERICAS?
    2) Do i need to redo DS-160?
    3) Do i need to reschedule my appointment again?
    4) Do i need to cover all visa fees, service fees and L1 fees again?

    I understand the time taken to read this.
    Thanks and your thoughts are very much appreciated in my case where murphy's law is at its best

    -zombie
    Last edited by zombiesam; 05-21-2010, 12:13 PM.

  • #2
    1) What can be done further as an employee serving notice with YYY_INDIA waiting to get this cleared from ZZZ_AMERICAS?
    >>> You don't qualify for L1 blanket if you join the company as an American employee. Read the eligibility criteria for L1 in the below link. Ask the employe to file H1B. If that gets approved, you can go for the H1B stamping.
    https://www.immihelp.com/usa-visas/l1/


    2) Do i need to redo DS-160?
    3) Do i need to reschedule my appointment again?
    4) Do i need to cover all visa fees, service fees and L1 fees again?
    >>> Yes to all the above questions.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Sherwin,
      I do understand the purpose of L1B.
      But ZZZ_AMERICAS wants me to be there ASAP and they prefer this visa for now so as to get things done swifter.And after a while H1.
      This ZZZ_AMERICAS is a biggie contributing for US economy and an US company and i guess they also knew this fact
      So if they still insist on L1-B with the additonal info done ... say i become an employee of them remote in India what would be the answers for my remaining questions?

      -zombie
      Last edited by zombiesam; 05-21-2010, 12:12 PM.

      Comment


      • #4
        Your visa for L1 blanket has been denied. So, you have to start all over again. The only option that you have now is L1 individual (for which you need be an employee of the indian division) or H1B (it just takes 15 days by premium processing).

        The answer to all your question still remains "YES".
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Shervin, your Suggestion was right.
          I am told they would be processing me L1-Individual through Premium processing.
          Let me wait and see.
          What if i go to the Visa Interview while i got relieved from YYY_INDIA and not employed by ZZZ_AMERICAS? (or)
          What if i go to the Visa Interview while i got relieved from YYY_INDIA and employed by ZZZ_AMERICAS?
          I dont hear from ZZZ_AMERICAS about employing me with ZZZ_INDIA.

          Folks, can somebody throw light on this, in a worst case scenario i would end up being jobless
          Your help is needed.

          -zombie
          Last edited by zombiesam; 05-21-2010, 11:32 AM.

          Comment

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