L1 Blanket rejected, can I process L1 Individual?

[explorer007]

Recently I attended an L1 - Blanket interview at the Chennai consulate since my company wanted me to work for a key project that just started - I have been with the current organization for about 5.5 years (overall 7 years).

The Result: The VO officer, asked a few questions on my ctc in India, the project and I answered as were the facts. However, he rejected the application stating that it was not clearly approvable under blanket l1 and my organization can apply for L1 individual if they were still interested. I had been working for this organization for half a decade and on the same processes and product.. didnt have the slightest doubt that this would happen.

Past consulate experiences:

Early in my career(2007), a start-up organization had sponsored an H1, and when I went for the Visa stamping I was issued a 221(g) . Later the application was sent back to USCIS and I did not hear back from the consulate or the employer.

In 2008 the current organization wanted me to get a B1 visa as they was a potential requirement to travel onsite. I went for B1 stamping and was given B1 without any problem. Later the requirement was no longer there and i never travelled on the B1

Now, my organization wants to process an l1- individual since they need me onsite for about a year for this key implementation project.

My Question: Considering my post experiences with the consulate, I am VERY concerned about going for an L1 individual, request the experience members out there to kindly guide if this is the 'right' thing to do and what my next steps should be.

I am also concerned that if I dont get a Visa, somebody else junior to me will be picked to take up and I will become a spectator and may end up having to quit the job

Help guys! - I dont want to miss out on opportunities that will keep my career on track.

[rvisak]

You can apply for a L1 Individual...and that is the right way to go. Of course nothing can be predicted but by and large if the individual petition is approved; the visa wont be a problem - nobody can predict a 221g though

[explorer007]

Thanks for the quick response, any idea how much time L1 individual would take? My immigrations team was mentioning L1 premium has a better rate of success is it true?

On a different note, the whole experience of going through the US visa process is like one of the worst experiences I have been in... wish it were more easier.

Its not like everybody wants to be in the US & settle, some people like me dont have a choice but to work for their employer where they need them most to keep their jobs offshore in a good position... you dont have a choice if you work for a NA based company.. which most IT companies are.

Or, may be I should look for jobs that are not US based companies. May be a good backup option...lol

[rvisak]

In premium, it takes 15 days for a result. I dont know about premium having better chances (its one those urban legends ) but at least it ends uncertainty for you

what i would suggest is prepare a super strong case, do your best...and forget about the rest

[explorer007]

Whats the difference between L1 Individual & Blanket

The question I have been thinking and trying to find an accurate answer is,

What is the difference between L1 Individual(B) & L1 Blanket(B)?

If the criteria for both the Visa's is the same - i.e Specialized knowledge then why would a L1 Blanket get rejected and a subsequent L1 Individual get approved?

Seems like a really shady area, or I am just confused. Can someone throw some light please?

[shervin143]

What is the difference between L1 Individual(B) & L1 Blanket(B)?
>>> L1 individual is filed for an individual employee and USCIS approves it based on the merits/skills of the candidate for whom the petition is filed. L1 blanket is a blanket petition filed and approved on behlaf of the company.

If the criteria for both the Visa's is the same - i.e Specialized knowledge then why would a L1 Blanket get rejected and a subsequent L1 Individual get approved? Seems like a really shady area, or I am just confused. Can someone throw some light please?
>>> If the criteria is the same (as per your view), then why do you think they have two different types of L1. There is no point in having L1 individual and blanket if everything is exactly the same. There are differences between the two and if you need specific details, do consult an immigration attorney.

[explorer007]

These were not my views, perhaps assumptions of somebody who does not know . But thanks to you atleast now I know that the criteria is different for an L1 blanket and an L1 individual. I'll keep looking for an answer on what those differences are.. Thanks again.

[shervin143]

Like mentioned in my earlier reply, an L1B blanket is issued for a company. Not all companies are eligible to get L1 blanket approved. There are limitations on the size of the company, the number of onsite (U.S) branches, number of employees and many more. The company doesn't need to file form I-129 for each individual they want to transfer to their U.S entity of the same company. With an approved L1 blanket, with candidates eligible for L1, the company will just need to apply for the L1 visa for the individuals at the U.S consulate and when the visa gets approved, the individual can travel to U.S along with a copy of the L1 blanket petition. In this case, USCIS is not involved in deciding whether the candidate is eligible for L1 or not. USCIS is only involved in determining whether the company is eligible for L1 blanket or not. So it becomes consulate's responsibility to determine the eligibility of the candidate. Since consulates are very strict these days (as they are held responsible for anything that goes wrong in U.S by a visa holder), the number of L1 blanket applications getting rejected is more as the entire process to decide the eligibility lies with them.

On the other hand, L1 individual is for a particular individual. The company need to file form I-129 with USCIS. USCIS will determine whether the candidate is eligible for L1 or not. Once the petition gets approved, the candidate will need to appear for the visa interview. Since USCIS has determined the eligibility of the candidate, the consulates will not stress much on L1 individual. Their priority shifts to other factors now to decide whether they can issue the visa or not.

So from an individual stand point, there is not much difference between whether you are applying the visa under L1 blanket or individual. The L1 regulations are the same for both. The time that takes for L1 blanket approval is less as there is no need to file a separate petition with USCIS. However, in recent times, the L1 individual visa approval rate is more compared to L1 blanket. If you have enough time, then you can try L1 blanket first and if it gets denied, then you can apply for L1 individual. If you need more than this, then consulting a good immigration attorney is the best way to go. The below links can help.

Did you check these links?

https://www.immihelp.com/usa-visas/l1/

http://www.immihelp.com/forum/showthread.php?t=29728

[explorer007]

Thanks a ton Shervin, this definitely clarifies my questions and it makes a lot of sense.

[explorer007]

I want to see if we can keep this thread alive. How many people out there are in a similar situation? i.e L1 Blanket rejected and planning to/applied for L1 Individual.

[CP_Chet]

L1 Blanket rejected and planning to/applied for L1 Individual

Hi,

My L1 blanket was rejected this week by the VO in Chennai. Is there any point of applying for an L1 individual since they are both for specialized work category and the VO said that even though I am highly qualified, I should as my HR to actually apply under a different visa category? If I can apply then how soon can I apply? I am looking to apply in a couple of weeks because my company needs me to be there in a couple of months. Are there any repercussions of getting 2 rejections from the US embassy and that too in quick succession (I already have a B2/B1 and had travelled to the US for a holiday last year so that is not such a problem)?

Any help would be really appreciated after the disappointment of getting the 1st rejection!

Thanks in advance

[jagadish_100]

Status of L1B-not clearly approvable

Hi,

I also faced the same issue of stamping with "not clearly approvable". And the VO did not give any pink/blue slip.
Is my application rejected OR Do i need to re-apply for L1B.

[ccn]

L1 Blanket rejected, can I process L1 Individual?

Hi Explorer007 and CP_Chet,

Can you please provide on your current status. Did u both apply again for L1B individual and did u people get the Visa apporved and stamped..?

I am also in a similar state now. My L1B - Blanket is rejected and have been asked to apply for L1B - Individual

Please update.