L1-B was rejected, can my husband apply L2

[simari84]

Hi, my fiance` & me were both on L1 deputed in US for the same company. We came to India for our marriage this Jan'11, but 2 days before travel his L1 VISA got damaged.

Now he re-appeared for the new L1-B in Mumbai on 17th Feb'11 but it got rejected for specialized skill set.

1. Can my husband apply for L2 VISA (on my valid L1) immediately, so that we can travel back together?
2. Are there any chances of his L1 rejection influencing the L2 VISA Interview?
3. Does he need to quit his job in order to apply L2?
4. We had submitted Rs. 1,40,000 for this L1 VISA which got rejected, will they not refund any amount back?

We underwent this huge financial loss & the VISA rejection is a big setback to us just after marriage. Our return tickets are confirmed & even we have our apt/car/etc setup in US. So we're in complete fix. Any help to us will be great appreciated! Thanks in advance!

[kabkaba]

Hi, my fiance` & me were both on L1 deputed in US for the same company. We came to India for our marriage this Jan'11, but 2 days before travel his L1 VISA got damaged.

Now he re-appeared for the new L1-B in Mumbai on 17th Feb'11 but it got rejected for specialized skill set.

1. Can my husband apply for L2 VISA (on my valid L1) immediately, so that we can travel back together?
Yes, he can apply.
2. Are there any chances of his L1 rejection influencing the L2 VISA Interview?
Should not affect, but must be mentioned in the form.
3. Does he need to quit his job in order to apply L2?
No need.
4. We had submitted Rs. 1,40,000 for this L1 VISA which got rejected, will they not refund any amount back?
Who did you pay it to? His company? If so that was illegal. Consider it as a lesson.
We underwent this huge financial loss & the VISA rejection is a big setback to us just after marriage. Our return tickets are confirmed & even we have our apt/car/etc setup in US. So we're in complete fix. Any help to us will be great appreciated! Thanks in advance!

Answers above.

[simari84]

Thank you so much for the reply!!

Yes, we had to pay it to the company since his VISA was damaged. The company usually pays for all L1 applications, but since this was damaged, they asked us to pay for it.

Don't they refund any part of the application fee if the VISA is rejected?
And for the L2 Interview, do they ask questions about the dependent's employment details? I mean, will my husband have to justify why he wants to travel with me?

[kabkaba]

Visa application fee as the name suggests is application fee and not issuance fee. No refund is given. Employers are not required to pay the Visa application fee at consulate. I thought you paid for petition fee which is illegal.
He will not be required to give any justification.

[simari84]

Thank you so much for the reply! We're going ahead with my husband's L2 option.

Pls let me know if you have any other tips for his L2 interview considering the fact his L1 for rejected sometime bck (17th Feb'11) and do they question a husband travelling as dependent as against a wife?

Again, thanks a ton for the help!

[shravanim]

Hi,
can you please share your expirience?
Mine L1B visa too got rejected few days back and am now about to apply L2 visa.
Would really appreciate if you could share what were the questiones asked. And also was their any effect of L1 rejection on L2 application.

Many thanks!

[simari84]

Hi,

My husband's L2 just got approved last week. Few things to keep in mind -

- When filling the DS-160 form, make sure you properly fill-in the details about prior VISA rejection, giving accurate reasons why it was rejected.

- Make sure to carry pics of your marriage along with the marriage certificate.

- Give proper justification as to why you want to travel with your spouse on L2

The questions asked were -

- When you got married and where?
- Can you show some marriage pics.
- Why do you want to travel on L2?
- Do you intend to work there? (we answered NO)
- For how long do you intend to stay? (we answered 6 months)

The prior VISA rejection does not have any effects on spouse VISA. It should go pretty smooth, as long as you are able to authenticate your marriage.

All the best!

[shravanim]

Thank you so much!!
2 last questions
1. Was your husband carrying your original I129S? My husband is in US and original I129S is with him only?
2. After how many days you applied for L2 after L1 rejection? I have been advised that I should wait atlease 3 weeks before applying again.

Many Thanks in advance!

[rajeshg24]

Folks,

I wanted to share my experience going for L2 (being a male candidate). I had carried all the relevant documentation, my L1 petition was rejected 1 month before the interview date for L2 and I was expecting some questions on that.

Surprisingly though the visa interview was a breeze. The office just asked me 2 questions #1 who is the client #2 have you been rejected an US visa.

#1 was straight forward, for #2 I had marked it as Yes in the form and I said Yes in the interview and explained her about my L1 petition. The officer then told me that visa rejection and petition denial were two different things and I should say No to that question going forward. I said Ok and thanks.

Thats it, the officer approved my visa.

Learnings - they dont differentiate between male-female candidates and prior visa rejections (unless for serious reasons) dont affect an L2 visa.

[shravanim]

Thanks Rajesh!
could you please also tell me after how many days of L1 rejection you started L2 process?

[rajeshg24]

I didnt hear of any wait time after L1 denial, was waiting for my denial notice to come. I waited for roughly 3 weeks and still didnt get my notice yet. Got some confidence from this forum and somewhere else as well and decided that they are not going to probe too much into L1 denial for an L2 interview and went ahead with the L2 process.

As on date it has been over 1 month since USCIS udpated on the site that my L1 was denied and still haven't received the notice. Luckily i didnt wait for the notice and went ahead with the L2.

And about your other question - I didnt carry my spouse's original I129 document.

[shravanim]

Thank you so much Rajesh. I too am feeling confident now

[dl9604]

L1B not issued can I apply for L2

I am writing this seeking some help and would appreciate your immediate response

I have over 16 years of experience and have travelled earlier on H1B visa to US .I do have a valid B1 Visa on my passport. Recently my company had asked me to process US Visa and as per their policies I had appeared for an L1B blanket interview at the chennai consulate. The VO said that he cannot issue a visa of the requested type(L1B) and returned the passport .He mentioned that i should try for other type of visa.The VO did not stamp any on my passport nor did he give any documented reasons to me .

My Company policy is not to apply for a new type of Visa in the next one year timeframe.

The Catch is My Wife had applied for her Visa based on me being asked to travel , her company applied it on L1A Blanket (she has the same level of experience) and she has been approved for a Visa . Her company wants her to travel to the client location now.

Questions that i have now

1.Am I eligible to apply for a dependent Visa (L2) under my wife. given the fact that my L1B application was not considered favourably

2. How soon can i apply

3. What are the chances or approval / rejection

4. I should be resigning from my current role . Would the Consulate consider that a reason to reject my L2

5. I am planning to file in for a EAD once i am there on L2 and continue to work with other companies.During my Visa ,interview Should i be mentioning that i will be considering to work after EAD.

Your support is greatly appreciated

[raghvi]

I am writing this seeking some help and would appreciate your immediate response

I have over 16 years of experience and have travelled earlier on H1B visa to US .I do have a valid B1 Visa on my passport. Recently my company had asked me to process US Visa and as per their policies I had appeared for an L1B blanket interview at the chennai consulate. The VO said that he cannot issue a visa of the requested type(L1B) and returned the passport .He mentioned that i should try for other type of visa.The VO did not stamp any on my passport nor did he give any documented reasons to me .

My Company policy is not to apply for a new type of Visa in the next one year timeframe.

The Catch is My Wife had applied for her Visa based on me being asked to travel , her company applied it on L1A Blanket (she has the same level of experience) and she has been approved for a Visa . Her company wants her to travel to the client location now.

Questions that i have now

1.Am I eligible to apply for a dependent Visa (L2) under my wife. given the fact that my L1B application was not considered favourably

2. How soon can i apply

3. What are the chances or approval / rejection

4. I should be resigning from my current role . Would the Consulate consider that a reason to reject my L2

5. I am planning to file in for a EAD once i am there on L2 and continue to work with other companies.During my Visa ,interview Should i be mentioning that i will be considering to work after EAD.

Your support is greatly appreciated

1. Yes. Your L1 rejection should not affect L2 decision.
2. Any time.
3. As with any visa chances are there but as your spouse's L1a has been approved, i dont see any negativity.
4. No.
5. You can say that if you do get a job commensurate to your experience you may think about it.


This is my opinion not legal advice.