L1 denied, planning for L2, need your inputs

[rajeshg24]

Dear experts,

I have been recently (14-Feb-11) notified that my L1 Individual petition has been denied. My wife is in another firm and has an L1 visa, am looking at taking an L2 visa as a dependant to my wife.

Have the following questions -

#1 Considering that I have just received a L1 denial, is it Ok to appear for an L2 visa interview in the next 2-3 weeks?
#2 Will my L1 denial cause problem for L2?
#3 My wife's travel to US is not planned, so i dont have a date by when i would be traveling as well. considering this do i still need to be on leave/ quit the current job to appear for an L2 visa?

Thanks for your time!

Rajesh

[kabkaba]

Dear experts,

I have been recently (14-Feb-11) notified that my L1 Individual petition has been denied. My wife is in another firm and has an L1 visa, am looking at taking an L2 visa as a dependant to my wife.

Have the following questions -

#1 Considering that I have just received a L1 denial, is it Ok to appear for an L2 visa interview in the next 2-3 weeks?
Yes
#2 Will my L1 denial cause problem for L2?
Petition denial will not affect Visa application.
#3 My wife's travel to US is not planned, so i dont have a date by when i would be traveling as well. considering this do i still need to be on leave/ quit the current job to appear for an L2 visa?
You do not need to quit.

Thanks for your time!

Rajesh

Answers above.

[AYAPERE]

L1 individual petition denial

It is absolutely possible for you to taking up L2 dependent visa.

However, it is also possible for you to reapply for your L1 petition with premium processing and get approval.

What L1 did you petition for? L1A or L1A?
Did you petition through a migration lawyer?
How many years have your worked in your company and your position and job duties
Did the USCIS requested for Evidence submission before the denial and what is the main information they indicated and your main response.

[rajeshg24]

Thanks Kabkaba for your response. Much appreciated!

Ayapere, It was an L1 B Individual filing, got an RFE and we filed a response and two months later they have updated the site that they have sent a denial notice. My company feels that it is not worthwhile to pursue the same petition further.

To answer your other queries, i have been with my current company and responsibilities for over 5 years. The RFE was on details about specialized skills and how I acquired them. I had made a pitch for how I have been managing a portfolio of applications for my current client and how I had to be there in the US for a re-architecturing program on the portfolio. I also talked about some proprietary software knowledge. The pitch didnt sell I guess.

[AYAPERE]

L1b individual petition denial

Did you file through an immigration lawyer or you and/or your company in indian did it yourself and was it done via PP (Premium Processing)?

USCIS REFs sometimes are complex and and they wanted you to tackle it in a professional way.

How related is your company in India to the company in the US? Is under subsidiary, affiliate or a branch office?

I think from your explanation concerning the USCIS responses to REF, you may stand a chance of reapplying.

[rajeshg24]

Thanks Ayapere for your response. I work for a major IT company in India and I would presume they have utilized the services of a lawyer at some stage. Am still waiting for the actual denial notice to see what the reason for denial is. Considering that it is a denial and not some other request for information, i have lost all hopes with this L1.

Now, my only thoughts is applying an L2 visa as a dependent to my wife. I have another question there, suppose i get an L2 visa, can i still apply for a H1 visa when the window opens in April 2011?

Thanks for your time!