L1 B Balnket Rejected, Can I apply again

[rajender31]

Hello,

My company processed L1-B(Blanket) for me in oct 2012.But it was rejected at that time.Again they have filled H1 this year.If my H1 does not selected in lottery, can I again process my L1?

Thanks in advance.

[raghvi]

Hello,

My company processed L1-B(Blanket) for me in oct 2012.But it was rejected at that time.Again they have filled H1 this year.If my H1 does not selected in lottery, can I again process my L1?

Thanks in advance.

What was the reason for L1B rejection? Yes you can apply for L1 again but without substantial changes in your previous L1 documents it will be difficult to get approval.

This is my opinion not legal advice.

[nicoeppersma]

My company processed L1-B(Blanket) for me in oct 2012.But it was rejected at that time.Again they have filled H1 this year.If my H1 does not selected in lottery, can I again process my L1?

Rather than applying for another blanket L-1B, I would recommend filing an individual L-1B petition (I-129). Once that is approved, the consular processing will generally be limited to the paperwork and security checks, unless the consular officer asks USCIS to re-adjudicate the petition based on the interview.

I don't understand why they filed for an H-1B, since an individual L-1B is much easier to get approved than the entire labor certification process that comes with the H-1B. The only reason I can imagine for filing the H-1B is that you do not meet the requirements of the L-1B.

[rajender31]

Rather than applying for another blanket L-1B, I would recommend filing an individual L-1B petition (I-129). Once that is approved, the consular processing will generally be limited to the paperwork and security checks, unless the consular officer asks USCIS to re-adjudicate the petition based on the interview.

I don't understand why they filed for an H-1B, since an individual L-1B is much easier to get approved than the entire labor certification process that comes with the H-1B. The only reason I can imagine for filing the H-1B is that you do not meet the requirements of the L-1B.

Thanks for you replay.

- - - Updated - - -

What was the reason for L1B rejection? Yes you can apply for L1 again but without substantial changes in your previous L1 documents it will be difficult to get approval.

This is my opinion not legal advice.

The VO said "Your company did not apply your visa in proper category so i can't approve your visa".VO provided white slip mentioned as "not clearly approvable".

Without substantial changes means, I have to submit same PRD?

[nicoeppersma]

The VO said "Your company did not apply your visa in proper category so i can't approve your visa".VO provided white slip mentioned as "not clearly approvable".

This can mean a number of things. For example, the VO could determine that you were not employed for at least one year with that company, or that there was no clear relationship between the entity that you currently work for, and the office in the U.S. It could also mean that the VO was not convinced that you have specialized knowledge which is required by the company in the U.S.

All of these matters can be resolved by filing a well-documented individual L-1B petition.